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Trying to get into the Navy.

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uiwnq22776

Junior Member
I live in Austin Texas and I recently singed up for the Navy. I passed everything and got my contract! When they did my background check they found a Criminal Mischief charge. I remember the incident but I do not remember getting charged with anything. I was 11, and now I am 20. I am trying to get my records from the court i was filed with. They told the Navy there are no records. I went and talked to them myself and they said "we are protecting you from your records" and told me to go down to the DPS and get them there. I went to the DPS and they found the charge. But their records are not good enough for the Navy. The Navy says if we cannot get the records my contract will be canceled.

My questions are..

How do I get the records needed for the Navy?
Why wont they just give them to me?


and any other input or questions are anything will be appreciated
 


CavemanLawyer

Senior Member
Your juvenile records were automatically sealed under Sec. 58.203 of the Family Code when you turned 17. The point of this section is to protect the person and their "record" without having to physically destroy the records. This way law enforcement still has access to the records for future prosecutions but the public (including the military) have no access to the records, or even knowledge that they exist. The records of the detention/arrest and outcome of the case are sent to DPS which maintains them under restriction through a process called certification. Without permission of the subject of the records, you, only law enforcement and certain governmental agencies can see that charge.

The Clerk's office is telling you exactly what the law requires them to tell you. Once they send the records to DPS and they are certified, they are required under Sec. 58.204(2) to respond to any inquiry about the records by stating that the records, "do not exist." Likewise you are entitled under Sec. 58.206 to deny the existence of the records, the charge, or the fact that the records ever existed. In other words, you are allowed to play dumb.

But... the records maintained by DPS can be released directly to a military recruiter with your permission, which is apparently what happened. Take a look at Sec. 58.106.

So, what do you do? I'd ask the Clerk's office to issue you an "absence of records" affidavit stating that the records do not exist. Print out the statutes I listed above. Show all of this to this recruiter and if they still put up a fight ask to speak to a supervisor.

Worse case scenario you could file a motion to unseal the juvenile record. You can find forms online for this all over the place. You file the motion and then request a hearing date with whatever court the case was filed in. Then you plead your case to the judge to unseal the records, which will allow you to get certified copies of any documents. The only thing that should be in the file other than what DPS has is the petition (charging instrument), any motions filed, a judgment if you were adjudicated, or a dismissal if there was one.
 

CavemanLawyer

Senior Member
Oh, and here are the statutes I mentioned. (anyone know why I can't just edit my posts?)

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.58.htm
 

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