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  #1  
Old 06-14-2012, 11:28 AM
King of Lion Kings King of Lion Kings is offline
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Default Juvenile Records and Gun Purchase?

I have another question about “expunging” or “sealing a juvenile record; what is the purpose of this, if certain people can still access these records?

I’m simply curious because I had one issue that came up during my first handgun purchase years ago, where I was initially denied and had to call the DOJ to discover why.

When I spoke to a lady, she asked me what I had done (charged with as a juvenile) and I answered (going to be completely honest here, please refrain judgement) possession of mj; she proceeded to ask, “What else?” I said nothing, this was the only thing I was actually charged with. Well, turns out, it was not the only thing written in the report. I had some seedlings going and they also noted cultivation as another charge, but I never actually got booked for it and was told such. I was under the assumption these things would be sealed after I turned 18? To which stated to the lady, but she simply replied, “no, not really, not to us (DOJ)”.

Would it be worth it now to attempt to “expunge” this? I’ve stayed out of trouble since and no longer attempt to live that life style.

CA DOJ did release the gun to me and I’ve since purchased a few more, so no problems there, but it still weighs on my mind anytime I go for a new purchase.

Thoughts?
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  #2  
Old 06-14-2012, 8:56 PM
45DAVID1 45DAVID1 is offline
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Do it.
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  #3  
Old 06-14-2012, 9:19 PM
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hermosabeach hermosabeach is offline
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In the securities industry everyone is fingerprinted and the FBI runs the prints.

We have had many candidates "Forget" about there juvie arrest records that were sealed.

More and more old stuff that was on paper appears to be going electronic.

If you are a different person, then you should really consider the 5-10k cost and seek the expungement.
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Old 06-14-2012, 10:24 PM
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BigDogatPlay BigDogatPlay is offline
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Quote:
Originally Posted by King of Lion Kings View Post
I have another question about “expunging” or “sealing a juvenile record; what is the purpose of this, if certain people can still access these records?
Expungement and seal is used in some cases where a juvenile offender has done what they needed to do and can move into adult life with a 'clean slate'. In most instances / inquiries the expunged and sealed records cannot be accessed. For things like law enforcement backgrounds, security clearances and certain professional licenses they can and will be probed for and can be accessed.

Quote:
When I spoke to a lady, she asked me what I had done (charged with as a juvenile) and I answered (going to be completely honest here, please refrain judgement) possession of mj; she proceeded to ask, “What else?” I said nothing, this was the only thing I was actually charged with. Well, turns out, it was not the only thing written in the report. I had some seedlings going and they also noted cultivation as another charge, but I never actually got booked for it and was told such. I was under the assumption these things would be sealed after I turned 18? To which stated to the lady, but she simply replied, “no, not really, not to us (DOJ)”.
Charged with or adjudicated by a juvenile court for? Arrests by themselves are not disqualifying for firearms transfer or possession. Adult convictions and juvenile adjudications count. Cultivation of marijuana is a felony, if you had been adjudicated for it then CADoJ would not have released the hold on your DROS. My other question is how long ago was it and did you complete diversion or probation? It might be that there was still probation terms hanging out in your record.

Sealing of juvenile records is not automatic at all. And all are reportable to CADoJ, sealed or not. Sealing of the record and expungement just hide the record, they do not "do a Serv Pro" and make it like it never happened.

Quote:
Would it be worth it now to attempt to “expunge” this? I’ve stayed out of trouble since and no longer attempt to live that life style.
It might be worthwhile to contact the court clerk's office, or the county probation department, to determine what you were actually adjudicated for and what they show as the status on your case. If all you were adjudicated was simple possession of marijuana I wouldn't bother with chasing after an expungement and seal.
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Old 06-15-2012, 9:23 AM
King of Lion Kings King of Lion Kings is offline
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Quote:
Originally Posted by hermosabeach View Post
In the securities industry everyone is fingerprinted and the FBI runs the prints.

We have had many candidates "Forget" about there juvie arrest records that were sealed.

More and more old stuff that was on paper appears to be going electronic.

If you are a different person, then you should really consider the 5-10k cost and seek the expungement.
I know someone that got 1 or 2 felonies expunged and it was nowhere near that cost; I'll have to ask.

Quote:
Originally Posted by BigDogatPlay View Post
Expungement and seal is used in some cases where a juvenile offender has done what they needed to do and can move into adult life with a 'clean slate'. In most instances / inquiries the expunged and sealed records cannot be accessed. For things like law enforcement backgrounds, security clearances and certain professional licenses they can and will be probed for and can be accessed.

Charged with or adjudicated by a juvenile court for? Arrests by themselves are not disqualifying for firearms transfer or possession. Adult convictions and juvenile adjudications count. Cultivation of marijuana is a felony, if you had been adjudicated for it then CADoJ would not have released the hold on your DROS. My other question is how long ago was it and did you complete diversion or probation? It might be that there was still probation terms hanging out in your record.

Sealing of juvenile records is not automatic at all. And all are reportable to CADoJ, sealed or not. Sealing of the record and expungement just hide the record, they do not "do a Serv Pro" and make it like it never happened.


It might be worthwhile to contact the court clerk's office, or the county probation department, to determine what you were actually adjudicated for and what they show as the status on your case. If all you were adjudicated was simple possession of marijuana I wouldn't bother with chasing after an expungement and seal.
The actual charge was for possession only, and I did have to go to court for it. I was told that I would not be charged with cultivation because the seedlings could not be technically identified because they were just propagating. However, cultivation would be noted in the event that I did the same thing down the line, it could be used against me as another charge (or something along those lines).

I did have to compete an informal probationary period and did have to take a drug counseling classes, and for the record, this was over 14 years ago when I was 13 (yes, I was trying to a “fast’ life, stupid fast life).

There has to be something in the file for the CADOJ to hold it the first time, until I called; perhaps they wanted to gauge what kind of person I was (how I would react) over the phone??? It really is unsettling to have something like this lurking in the background so I’d rather have it “hidden” than not.

I do not work in the securities industry, nor do I see myself in the near future (I work IT and real estate), but I’d still like to look into this.

As you suggested, I will start with the county and see where it goes from there.
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  #6  
Old 06-15-2012, 8:38 PM
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BigDogatPlay BigDogatPlay is offline
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Quote:
Originally Posted by King of Lion Kings View Post
I do not work in the securities industry, nor do I see myself in the near future (I work IT and real estate), but I’d still like to look into this.
A large and growing number of private sector companies, particularly in tech, are doing pretty extensive backgrounds on prospective employees, for what it's worth. And I know that the state real estate board does a background on licensees but since I am personally aware of a previously deported criminal illegal immigrant who is licensed and active as a real estate agent in California under the same name they were deported under, I am left to guess that the board isn't doing anything more than a very cursory examination.

Quote:
As you suggested, I will start with the county and see where it goes from there.
And good luck with your quest... honestly.
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  #7  
Old 06-18-2012, 1:11 PM
King of Lion Kings King of Lion Kings is offline
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Quote:
Originally Posted by BigDogatPlay View Post
A large and growing number of private sector companies, particularly in tech, are doing pretty extensive backgrounds on prospective employees, for what it's worth. And I know that the state real estate board does a background on licensees but since I am personally aware of a previously deported criminal illegal immigrant who is licensed and active as a real estate agent in California under the same name they were deported under, I am left to guess that the board isn't doing anything more than a very cursory examination.



And good luck with your quest... honestly.

Do these include juvenile record checks with regards to real estate boards?

EDIT: Just read the last part, so perhaps not.


Thank you, I will require all the luck I can get.
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