can a case that was dismissed be "erased"

[denibeans63]

What is the name of your state (only U.S. law)? ny

Hello: i wasn't sure where to post this an it had no replies under military - so trying here! it is a drug related incident -

My son made a mistake when he was 16 and was caught on school grounds with a small amount of pot. He went to court, and at my insistance, complteded a few community service activities. The ACD was dismissed after 6 months and the paper we have from court shows the court, and the charge with "dismissed" after it.

My son is now 19 has gotten his act together: graduated HS, stayed out of trouble, and become a fitness nut (recruiter told him to lose weight and he sure did!)

Problem is the ACD. last year, recriters told him to lie on his application and say he was never arrested. he (and his dad and I) didn't want any part of lying to the govt so he refused to do that. Problem now is that he is honest and has that on his record (it's sealed but not to military) he can't join. He are the questions
1) marines said they will take him (but his options are very limited in terms of jobs he can do and he really wants to be in the army )..I thought all branches had same policy about drug charges /moral character/no waivers?
2) recruiters saying he has to get the acd dropped completely...it shows dismissed - how can it be "erased".. one recruiter said to talk to the judge
3) I wrote to the judge in late december asking for help - I have yet to recevie a response, Am contemplating writing to a senator but have heard that wont' help
4) what are the options at this point?

how does one go about getting this removed..adn did i make a mistake in not hiring an attorney the first time?

can an attorney get this resolved/erased/expunged now?



I was opposed to him joining but for 3 years it is all he has talked about. he and I have had our issues over the years and if I can help him do this one thing I would like to .

 

[LdiJ]

What is the name of your state (only U.S. law)? ny

Hello: i wasn't sure where to post this an it had no replies under military - so trying here! it is a drug related incident -

My son made a mistake when he was 16 and was caught on school grounds with a small amount of pot. He went to court, and at my insistance, complteded a few community service activities. The ACD was dismissed after 6 months and the paper we have from court shows the court, and the charge with "dismissed" after it.

My son is now 19 has gotten his act together: graduated HS, stayed out of trouble, and become a fitness nut (recruiter told him to lose weight and he sure did!)

Problem is the ACD. last year, recriters told him to lie on his application and say he was never arrested. he (and his dad and I) didn't want any part of lying to the govt so he refused to do that. Problem now is that he is honest and has that on his record (it's sealed but not to military) he can't join. He are the questions
1) marines said they will take him (but his options are very limited in terms of jobs he can do and he really wants to be in the army )..I thought all branches had same policy about drug charges /moral character/no waivers?
2) recruiters saying he has to get the acd dropped completely...it shows dismissed - how can it be "erased".. one recruiter said to talk to the judge
3) I wrote to the judge in late december asking for help - I have yet to recevie a response, Am contemplating writing to a senator but have heard that wont' help
4) what are the options at this point?

how does one go about getting this removed..adn did i make a mistake in not hiring an attorney the first time?

can an attorney get this resolved/erased/expunged now?



I was opposed to him joining but for 3 years it is all he has talked about. he and I have had our issues over the years and if I can help him do this one thing I would like to .

You cannot just write letters to a judge and expect any response or for anything to happen. Most of the time the judge is not even permitted to read the letter, so it never gets to them. Sometimes it is possible to get charges for minors expunged (erased) from their records if the case was dismissed.

Yes, hiring an attorney is the appropriate way to make sure that it happens. Petitions/motions have to be filed to get the matter before a judge.

You are correct that writing to a senator won't help...you haven't followed proper procedure.

 

[denibeans63]

can a dismissed case be erased?

thanks for the replies so far. I only wrote the judge b/c that is what the recruiter instructed us to do and he (recruiter) said he was told (by the judge) the issue had to go to Albany. I don't believe a word the recruiters say so I wanted to hear for myself.

the next question would be:

1) what kind of lawyer handles this? a criminal attorney?
2) how long does something like this take (we live in a small town, not sure if that matters or helps)

thanks again

 

[LdiJ]

thanks for the replies so far. I only wrote the judge b/c that is what the recruiter instructed us to do and he (recruiter) said he was told (by the judge) the issue had to go to Albany. I don't believe a word the recruiters say so I wanted to hear for myself.

the next question would be:

1) what kind of lawyer handles this? a criminal attorney?
2) how long does something like this take (we live in a small town, not sure if that matters or helps)

thanks again

Most likely a criminal attorney would be the appropriate attorney, but call around and ask. No one can tell you how long it would take (other than a local attorney) because every county in every state has their own court backlogs.

 

[HighwayMan]

What was he charged with? Unlawful Possession of Marijuana or Criminal Possession?

Was he actually arrested or just given an appearance ticket in the field?

Generally, UPM violations don't even show up in a criminal history.

 

[dave33]

What is the name of your state (only U.S. law)? ny

Hello: i wasn't sure where to post this an it had no replies under military - so trying here! it is a drug related incident -

My son made a mistake when he was 16 and was caught on school grounds with a small amount of pot. He went to court, and at my insistance, complteded a few community service activities. The ACD was dismissed after 6 months and the paper we have from court shows the court, and the charge with "dismissed" after it.

My son is now 19 has gotten his act together: graduated HS, stayed out of trouble, and become a fitness nut (recruiter told him to lose weight and he sure did!)

Problem is the ACD. last year, recriters told him to lie on his application and say he was never arrested. he (and his dad and I) didn't want any part of lying to the govt so he refused to do that. Problem now is that he is honest and has that on his record (it's sealed but not to military) he can't join. He are the questions
1) marines said they will take him (but his options are very limited in terms of jobs he can do and he really wants to be in the army )..I thought all branches had same policy about drug charges /moral character/no waivers?
2) recruiters saying he has to get the acd dropped completely...it shows dismissed - how can it be "erased".. one recruiter said to talk to the judge
3) I wrote to the judge in late december asking for help - I have yet to recevie a response, Am contemplating writing to a senator but have heard that wont' help
4) what are the options at this point?

how does one go about getting this removed..adn did i make a mistake in not hiring an attorney the first time?

can an attorney get this resolved/erased/expunged now?



I was opposed to him joining but for 3 years it is all he has talked about. he and I have had our issues over the years and if I can help him do this one thing I would like to .

I would think since he was 16 that is not on his adult record.

It is not clear in the post if this record was found or if he made them aware of this.

If he says that he nhas no record, that is not lieing if he has no adult record.

I understand that you do not want to lie, but taking everything into consideration it seems a bit foolish. goodluck.