Handling past juvenile offenses

Status
Not open for further replies.

poolside

New Member
I am looking for advice on handling a situation dealing with my son's juvenile record. My son was arrested along with a neighbor kid when he was 12 for what amounted to playing with matches. The zealous sheriff deputy cited them for felony arson (PC451), and conspiracy to commit arson. Neither kid had any criminal history before or since this single event.

Ultimately, he was assigned to a public defender that herded us into his office, and gave us the run down on what was going to happen next. Basically, since there was no priors, he was requesting "informal probation" from the juvenile judge. We were told that if the terms of the informal probation were completed, the matter would be closed and that was that. The entire courtroom proceedings lasted about 3 minutes, the PD requests informal probation, the judge goes along with it- and out the door we go. Six months and $250.00 restitution paid later, the matter was closed.

OK, now my son is 17, still an exemplary young man with a bright future and is looking to join the Air Force. He tests high on the ASVAB and has a chance at getting a technical job that requires a security clearance. He fills out the background check (he dislosed the arrest as a juvenile) and finds out that not only will he never get that job, but now has to have a waiver just to get in the Air Force at all! The reason because the arrest was due to a felony. What he did was wrong, he admitted to it and was punished and satisfied the requirements of the court. Had I known that when the PD said it would be "informal" probation, and that it would be dropped at completion- he was out and out lying- I would have run out and hired a private attorney right then.

That is the background, now my question is there a way of getting the juvenile charges reduced to a misdemeanor instead of the felony in this type of case? What kind of attorney should I look to hire to handle this case?

I appreciate the space here to vent a bit, and for any guidance that the experts my offer.

- Greg
 
That is the background, now my question is there a way of getting the juvenile charges reduced to a misdemeanor instead of the felony in this type of case?

Check with a lawyer; it appears that there may never have been any charges actually filed.
 
That is the premise that I believed for the last five years. I have re-read the court papers, and it would seem that in exchange for the informal probation, there was an admittance to the guilt of the crime.

If that is the case, I don't see the benefit of "informal" probation- at least not from the point of the defendant. I could see where it reduces the workload of the court system (maybe?).
 
Update

After making several phone calls today, it turns out that as far as the local court system is concerned, there is an arrest record, but the case was subsequently dismissed as a result of successful completion of the informal probation.

I'm confident that from a career standpoint, my son should not have any lingering problems with this.

However, in the eyes of the military, the handling of the case (informal probation) is considered an "adverse adjudication" which is perceived the same as a conviction.

I would think that there has got to be some cut-off age for juvenile offenses. Some age of culpability? 12 years old and branded as morally unfit? Incredible.
 
Status
Not open for further replies.
Back
Top