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  #1  
Old 10-20-2009, 10:26 AM
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poolside poolside is offline
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Default DEJ 790 and joining the military...

Hi all, This is my first thread and since it's dealing with my son (who was a juvie at the time of his arrest), attempting to join the U.S. Navy and expunged records....I'm winging it and starting the thread here...full well knowing it might get moved, LOL.

Okay...September of 2007, my son had just turned 17. He and 4 other varsity football players decided to buy some pot after their game and prior to the J.V. game. They go to the mall, my son goes in to buy the pot with one of the guys. The little petite girl that sells the drugs wasn't working, she was on her break. Outside, the other 3 boys, (One inparticular) see her car...her purse on the seat, with the prescription bottles of the pot....decided to be idiots and break her window. Steal the purse and off they go, picking my son up at the front door of the mall. The kid who went in their with him, saw the broken window, panicked and ran.

So....here we have FULL COLOR video of the crime. My son jumps in the car and realizes that they stole her purse and demands they turn around and return it. SO...there's my boy in full color, running and dropping the purse back in to the window. Pot and all.

Of course, the police were called and found the car immediately. The four remaining boys were all charged with Felony burglary. They were all kicked off the football team the next morning. Schlorships and all, gone!

We finally make it to court and after a couple delays, since I refused to let him plead Guilty to a Felony, we make it to court in Feb. 2008, where he finally plead guilty. He was sentenced to the following:

40 AA/NA meetings to be completed in 1 year.(he completed in 6 mos)
80 hours of community service (he did 91 hours)
Pay restitution for the window and court fees.
Pay the Public Defender
Bi-weekly probation officer meetings and drug tests. (P.O. got arrested for spousal abuse a couple months in to it, so we had to BEG for the drug tests)

After one year (minimum) on California's DEJ 790 (Deferred Entry of Judgement), if he completed all requirements, the Guilty plea would be like it never happen and simply "go away".

NOT TRUE! We have tried for 6 months unsuccessfully to enroll him in the U.S. Navy. They demand records of his charge and the records aren't available! I've asked the judge, gotten letters from the lawyer and the Supervisor at the Juvenile Parole office and even begged the County Clerk. NOBODY can get these records...except the DOJ can see the case and they want records! Grrrr.... I'm so frustrated.

If my son continues to mope around the house, he WILL get in serious trouble. He needs to join the service! He's 6'1, athletic and strong and would be a great asset to our country. I just don't know what to do!

Oh, he can join the Army or Air Force, but not the Marines or Navy, since he's a "felon". Any help would be greatly appreciated.

Should I have put this post in "legal help?"
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  #2  
Old 10-20-2009, 01:35 PM
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Welcome Poolside!! I will have this moved to the California Legal. Pm Anytime if I can assist you.
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  #3  
Old 10-20-2009, 02:01 PM
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Welcome to PTO poolside and I'm so sorry for your pain - because I know you've gone through a lot during this.

I think you will get better response here in the Cali Legal forum as pj663 stated.

All the best - I hope it works out for you and your son.
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  #4  
Old 10-20-2009, 03:08 PM
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Thank you both. I just had to point out that my 2-year-old Granddaughter giggled and pointed and kept yelling, "Kitty" when she saw your rocking kitty, LOL!!!!!!!
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Old 10-20-2009, 05:56 PM
Gryphon Gryphon is offline
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A few possibilities:
I believe that even though it is a juvenile file, the defense lawyer's file belongs to the client. Your son can get that file from thetrial lawyer. The police report has to be "redacted" because he can't have victim or witness contact information.

If teh year hasn't lapsed:
He can ask the judge for early termination of diversion so he can join the military. He can also ask to be terminated from diversion, sentenced to a misdemeanor or felony (I don't know how the military would view this for sure, so check with the recruiter) and then aske teh court to "seal" the juvenile record now he's 18.

If the year lapsed:
he has to return to court to get his dismissal (you'll recieve a written order) and then the court can "seal" the records.

You can do this yourself, but it'll be easier and faster if you hire a lawyer. However, most criminal defense lawyers don't know much about juvenile law. Be careful when you hire.



Quote:
Originally Posted by poolside View Post
Hi all, This is my first thread and since it's dealing with my son (who was a juvie at the time of his arrest), attempting to join the U.S. Navy and expunged records....I'm winging it and starting the thread here...full well knowing it might get moved, LOL.

Okay...September of 2007, my son had just turned 17. He and 4 other varsity football players decided to buy some pot after their game and prior to the J.V. game. They go to the mall, my son goes in to buy the pot with one of the guys. The little petite girl that sells the drugs wasn't working, she was on her break. Outside, the other 3 boys, (One inparticular) see her car...her purse on the seat, with the prescription bottles of the pot....decided to be idiots and break her window. Steal the purse and off they go, picking my son up at the front door of the mall. The kid who went in their with him, saw the broken window, panicked and ran.

So....here we have FULL COLOR video of the crime. My son jumps in the car and realizes that they stole her purse and demands they turn around and return it. SO...there's my boy in full color, running and dropping the purse back in to the window. Pot and all.

Of course, the police were called and found the car immediately. The four remaining boys were all charged with Felony burglary. They were all kicked off the football team the next morning. Schlorships and all, gone!

We finally make it to court and after a couple delays, since I refused to let him plead Guilty to a Felony, we make it to court in Feb. 2008, where he finally plead guilty. He was sentenced to the following:

40 AA/NA meetings to be completed in 1 year.(he completed in 6 mos)
80 hours of community service (he did 91 hours)
Pay restitution for the window and court fees.
Pay the Public Defender
Bi-weekly probation officer meetings and drug tests. (P.O. got arrested for spousal abuse a couple months in to it, so we had to BEG for the drug tests)

After one year (minimum) on California's DEJ 790 (Deferred Entry of Judgement), if he completed all requirements, the Guilty plea would be like it never happen and simply "go away".

NOT TRUE! We have tried for 6 months unsuccessfully to enroll him in the U.S. Navy. They demand records of his charge and the records aren't available! I've asked the judge, gotten letters from the lawyer and the Supervisor at the Juvenile Parole office and even begged the County Clerk. NOBODY can get these records...except the DOJ can see the case and they want records! Grrrr.... I'm so frustrated.

If my son continues to mope around the house, he WILL get in serious trouble. He needs to join the service! He's 6'1, athletic and strong and would be a great asset to our country. I just don't know what to do!

Oh, he can join the Army or Air Force, but not the Marines or Navy, since he's a "felon". Any help would be greatly appreciated.

Should I have put this post in "legal help?"
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  #6  
Old 10-24-2009, 06:39 PM
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poolside poolside is offline
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Quote:
Originally Posted by Gryphon View Post
A few possibilities:
I believe that even though it is a juvenile file, the defense lawyer's file belongs to the client. Your son can get that file from thetrial lawyer. The police report has to be "redacted" because he can't have victim or witness contact information.

If teh year hasn't lapsed:
He can ask the judge for early termination of diversion so he can join the military. He can also ask to be terminated from diversion, sentenced to a misdemeanor or felony (I don't know how the military would view this for sure, so check with the recruiter) and then aske teh court to "seal" the juvenile record now he's 18.

If the year lapsed:
he has to return to court to get his dismissal (you'll recieve a written order) and then the court can "seal" the records.

You can do this yourself, but it'll be easier and faster if you hire a lawyer. However, most criminal defense lawyers don't know much about juvenile law. Be careful when you hire.
Gryphon, it's actually been 8 months since the year was over. We went back to court and the Judge congratulated the "boys" and said the case was dismissed. I guess that's why they call it a Deferred Entry of Judgement. He pled guilty, but it's like that guilty plea never happened.

The judge cannot get the record....it is gone. The Clerk's office at the courthouse can't even find his case number. The sad thing is that the Military can still see it. So, if they can see it, why in the heck can't they just GET it!!!

Very, very frustrating and my lawyer spent days trying to get it and he doesn't have anything either.

Thank you so much for taking the time to respond. I still haven't figured out how to find my posts, so I can check for replies, LOL.
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  #7  
Old 02-04-2015, 09:26 AM
andynicnac andynicnac is offline
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Default please!

Please let me know what you had to do, I'm in the same boat with the same charge(burglary) and also completed the dej program as a juvenile and now trying to join the army, but they want to see my record but can't get it cuz it is now sealed due to dej program, if you can please let me know what you had to do that would be awesome, thank you!
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Old 05-08-2018, 06:36 PM
mac91 mac91 is offline
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Default Solution?

Was your son ever able to enlist in the miliatry? I am in the same situation and was not sure if I would be able to enlist in the Army.






Quote:
Originally Posted by poolside View Post
Hi all, This is my first thread and since it's dealing with my son (who was a juvie at the time of his arrest), attempting to join the U.S. Navy and expunged records....I'm winging it and starting the thread here...full well knowing it might get moved, LOL.

Okay...September of 2007, my son had just turned 17. He and 4 other varsity football players decided to buy some pot after their game and prior to the J.V. game. They go to the mall, my son goes in to buy the pot with one of the guys. The little petite girl that sells the drugs wasn't working, she was on her break. Outside, the other 3 boys, (One inparticular) see her car...her purse on the seat, with the prescription bottles of the pot....decided to be idiots and break her window. Steal the purse and off they go, picking my son up at the front door of the mall. The kid who went in their with him, saw the broken window, panicked and ran.

So....here we have FULL COLOR video of the crime. My son jumps in the car and realizes that they stole her purse and demands they turn around and return it. SO...there's my boy in full color, running and dropping the purse back in to the window. Pot and all.

Of course, the police were called and found the car immediately. The four remaining boys were all charged with Felony burglary. They were all kicked off the football team the next morning. Schlorships and all, gone!

We finally make it to court and after a couple delays, since I refused to let him plead Guilty to a Felony, we make it to court in Feb. 2008, where he finally plead guilty. He was sentenced to the following:

40 AA/NA meetings to be completed in 1 year.(he completed in 6 mos)
80 hours of community service (he did 91 hours)
Pay restitution for the window and court fees.
Pay the Public Defender
Bi-weekly probation officer meetings and drug tests. (P.O. got arrested for spousal abuse a couple months in to it, so we had to BEG for the drug tests)

After one year (minimum) on California's DEJ 790 (Deferred Entry of Judgement), if he completed all requirements, the Guilty plea would be like it never happen and simply "go away".

NOT TRUE! We have tried for 6 months unsuccessfully to enroll him in the U.S. Navy. They demand records of his charge and the records aren't available! I've asked the judge, gotten letters from the lawyer and the Supervisor at the Juvenile Parole office and even begged the County Clerk. NOBODY can get these records...except the DOJ can see the case and they want records! Grrrr.... I'm so frustrated.

If my son continues to mope around the house, he WILL get in serious trouble. He needs to join the service! He's 6'1, athletic and strong and would be a great asset to our country. I just don't know what to do!

Oh, he can join the Army or Air Force, but not the Marines or Navy, since he's a "felon". Any help would be greatly appreciated.

Should I have put this post in "legal help?"
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  #9  
Old 05-08-2018, 06:38 PM
mac91 mac91 is offline
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Where you able to enlist in the military? I am in the same situation and am not sure if this is going to prevent me from enlisting in the military.


Quote:
Originally Posted by andynicnac View Post
Please let me know what you had to do, I'm in the same boat with the same charge(burglary) and also completed the dej program as a juvenile and now trying to join the army, but they want to see my record but can't get it cuz it is now sealed due to dej program, if you can please let me know what you had to do that would be awesome, thank you!
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  #10  
Old 05-09-2018, 09:20 AM
gvalliant gvalliant is offline
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Quote:
Originally Posted by mac91 View Post
Where you able to enlist in the military? I am in the same situation and am not sure if this is going to prevent me from enlisting in the military.
This is an old thread. Any experience from those posters would not be relevant now.

Military enlistment requirements and restrictions change. During much of the 2000's with our heavy middle east involvement enlistment was aggressive and less restrictive. Drawdown last few years and enlistment has tighten up. There is increase in military budget right now so if it is going to work for you this is as good a time as any.

Try and see. Recruiters may work with you more than they might have 3 or 4 years ago.
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