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Old 09-10-2008, 08:05 PM   #1 (permalink)
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Please help Record Issue

Hello everyone,

I was wondering if I qualify to get my juvenile records sealed? I was told my juvenile record will not be automatically sealed anymore. Something about all the new law changes that took place in 1996. Here's some of my background information. I'm not sure what is pertinent information or not, so i'll just put out what I can.

I was "convicted" (I forget the juvenile term the court used) with robbery (I forget the degree), possesion or assault with/of a firearm, and battery(no one was physically hurt or shot, the guns were empty, and we grabbed the victims, so there's the battery charges). It was the year 2005 when the crime was committed, and I was arrested and convicted in 2006. I live in California, now, and when the crime took place. I was 14 at the time of the crime and arrest. I served out 3yrs of my sentence in CYA, and recieved an honorable discharge because of good behavior in 1999, and did 1.5 yrs on parole, also honorably discharged. I don't know if any information about my accomplices has any bearing, but, but there were 5 others. This was my 1st and final encounter with the police minus a speeding ticket.

It's been 13 years since my arrest. I'm going to college, working as a paraplanner for a financial firm in the meanwhile. I feel blessed that NSAD gave me the security clearance, so I guess that's a good sign (from what I've heard, even misdemeanors come under scruity in this industry).

I've been asking different lawyers, searching websites, whatever I can get my hands on, but I can't seem to find any clear answers. So, I've given up my search for a few years now, but I think it's time I try again.

Thank you all in advance. I look forward to reading your replies.

Last edited by Baldr; 09-10-2008 at 09:05 PM.
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Old 09-11-2008, 10:01 AM   #2 (permalink)
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Quote:
Originally Posted by Baldr View Post
Hello everyone,

I was wondering if I qualify to get my juvenile records sealed? I was told my juvenile record will not be automatically sealed anymore. Something about all the new law changes that took place in 1996. Here's some of my background information. I'm not sure what is pertinent information or not, so i'll just put out what I can.

I was "convicted" (I forget the juvenile term the court used) with robbery (I forget the degree), possesion or assault with/of a firearm, and battery(no one was physically hurt or shot, the guns were empty, and we grabbed the victims, so there's the battery charges). It was the year 2005 when the crime was committed, and I was arrested and convicted in 2006. I live in California, now, and when the crime took place. I was 14 at the time of the crime and arrest. I served out 3yrs of my sentence in CYA, and recieved an honorable discharge because of good behavior in 1999, and did 1.5 yrs on parole, also honorably discharged. I don't know if any information about my accomplices has any bearing, but, but there were 5 others. This was my 1st and final encounter with the police minus a speeding ticket.

It's been 13 years since my arrest. I'm going to college, working as a paraplanner for a financial firm in the meanwhile. I feel blessed that NSAD gave me the security clearance, so I guess that's a good sign (from what I've heard, even misdemeanors come under scruity in this industry).

I've been asking different lawyers, searching websites, whatever I can get my hands on, but I can't seem to find any clear answers. So, I've given up my search for a few years now, but I think it's time I try again.

Thank you all in advance. I look forward to reading your replies.
I'm sorry--I am not getting the math right. This happened 13 years ago, but you say in the paragraph above it that you were 14 when it happened and the case was tried in 2006--two years ago. How did you get out in 1999? Help me out.

In Jv the case is adjudicated, not "convicted", so you can answer, truthfully, if asked if you have ever been convicted of a crime, NO. (See T.N.G v. Superior Court (1971) 4 cal.3d 767).

[FONT=TimesNewRoman,Bold]
WHEN CAN YOU ASK TO HAVE YOUR JUVENILE RECORD SEALED?
[/FONT][FONT=TimesNewRoman]
• You can ask to have your juvenile record sealed five years or more after juvenile court jurisdiction has ended or after you have reached the age of 18, whichever comes first.
([/FONT][FONT=TimesNewRoman,Italic]T.N.G. v. Superior Court [/FONT][FONT=TimesNewRoman](1971) 4 Cal.3d 767)[/FONT]
[FONT=TimesNewRoman]
• Most juvenile wards would petition to seal their records after they turn 18.
[/FONT][FONT=TimesNewRoman,Bold]
WHO CAN HAVE A JUVENILE RECORD SEALED?
[/FONT][FONT=TimesNewRoman]
• Minors are entitled to petition the juvenile court to seal their records right after they turn 18. However, some courts require a minimum period of “good behavior” between the end of juvenile probation and the filing of a petition.

• You must not have been convicted, as an adult, of any felony or any misdemeanor involving “moral turpitude”. (“Moral Turpitude” is defined as crimes that show baseness, vileness, depravity, or which violate moral sentiment or accepted moral standards of the community, such as crimes involving theft, fraud, ***, or drugs.)

• You must be able to show the court:

1) that you have been “rehabilitated”;
2) that your case started and ended in juvenile court; and
3) that you do not have an open civil suit regarding the actions that caused your juvenile record. (But once the civil suit has ended,
your record can be sealed.)

• You must pay in full all previous fines or restitution owed to the court as an adult or juvenile.
[/FONT]
[FONT=TimesNewRoman,Bold]
WHO CANNOT HAVE A JUVENILE RECORD SEALED?
[/FONT][FONT=TimesNewRoman]
• If you were found to have committed an offense listed in Welfare and Institutions Code § 707(b) after you turned 14 years old, the court will not let you seal your record.

• Examples of offenses under § 707(b) include: murder and attempted murder, voluntary manslaughter, arson, robbery, certain *** offenses, kidnaping, certain types of assault, and
any violent felony.
[/FONT]

http://www.fdap.org/downloads/semina...nileRecord.pdf
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To FORGIVE is divine.
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Old 09-11-2008, 02:04 PM   #3 (permalink)
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I'm sorry, I was 14 in 1995, (time of crime), arrested in 1996, trial started and ended in 1996 @ age 15. Released in 1999.
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Old 09-11-2008, 02:55 PM   #4 (permalink)
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Originally Posted by GentleGrace View Post
• Examples of offenses under § 707(b) include: murder and attempted murder, voluntary manslaughter, arson, robbery, certain *** offenses, kidnaping, certain types of assault, and
any violent felony.[/LEFT]
[/FONT]

http://www.fdap.org/downloads/semina...nileRecord.pdf
Thanks for taking the time to even provide that link.

I hear what you are saying, maybe I should just call it what it is.
To be honest, I don't want to believe that there's nothing I can do about it... as futile as it may be.
Do you think it might be better off if I just leave it alone than go ahead and try to get it sealed anyways?
I'm worried that if I go ahead and try to get my records sealed and get denied (which it sounds like I will), it will make my situation worse.


---
[COLOR="blue"]Baldr[/COLOR]


[COLOR="Blue"]The road that is built in hope is more pleasant to the traveler than the road built in despair, even though they both lead to the same destination.
Marion Zimmer Bradley [/COLOR]
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Old 09-11-2008, 03:00 PM   #5 (permalink)
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Originally Posted by Baldr View Post
Thanks for taking the time to even provide that link.

I hear what you are saying, maybe I should just call it what it is.
To be honest, I don't want to believe that there's nothing I can do about it... as futile as it may be.
Do you think it might be better off if I just leave it alone than go ahead and try to get it sealed anyways?
I'm worried that if I go ahead and try to get my records sealed and get denied (which it sounds like I will), it will make my situation worse.
[COLOR=blue] [/COLOR]
It cannot make it worse---in fact, I don't know what you have to lose my asking. the case is long over ----and in the past. There is no harm in asking, and I suspect you will not be at peace until you do.

I commend you on your progress to leave this life behind and become a productive model citizen.

The best.
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Old 05-14-2009, 09:54 AM   #6 (permalink)
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Juvenile Record Sealing

This article may help you better understand the process: Sealing of Juvenile Records Lawyers
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