Juvenile Record Wasn't Sealed?

[momofmcc]

What is the name of your state? Wyoming

My father is being held on a federal warrant for being a felon in possession of a firearm. In 1968 while living in California, he was arrested on a felony charge at 20 years of age. In 1973 after 5 years of good behavior, this was supposed to be sealed in his juvenile record. I am not sure if the legal age was 21 at that time or not but he understood it was sealed. In 1976 he moved to Wyoming and has had absolutely nothing but a speeding ticket on his record for the past 35 years. He has owned firearms for years believing he is not a felon. He was arrested in January and 2 of his charges are for felony possession. He honestly believed he was not a felon. Is there any reason why the records could have been opened and are not sealed? I did not know about any of this until he was arrested so it has come as quite a suprise. Any help would be greatly appreciated. Thank you!

 

[JETX]

" In 1968 while living in California, he was arrested on a felony charge at 20 years of age. In 1973 after 5 years of good behavior, this was supposed to be sealed in his juvenile record."
*** Sorry, but not true. At 20 years old, he is NOT a juvenile and his record would not be sealed.

" I am not sure if the legal age was 21 at that time or not but he understood it was sealed."
*** See above.

"In 1976 he moved to Wyoming and has had absolutely nothing but a speeding ticket on his record for the past 35 years. He has owned firearms for years believing he is not a felon. He was arrested in January and 2 of his charges are for felony possession. He honestly believed he was not a felon."
*** His belief is not relevant. The fact that he IS a felon is.

"Is there any reason why the records could have been opened and are not sealed?"
*** Yep. He was NOT a juvenile. And even if the record was sealed, he would STILL be a felon (unless his conviction was expunged).

 

[momofmcc]

JETX thank you for your reply. I was told that the legal age to be an adult in Cal. during the 60's was 21. His case was turned over to the Juvenile Youth Authority and was supposed to be sealed. I guess my next question is with the 35+ years with absolutely nothing on his record how much time will he have to serve for being a felon in possession of a firearm? Thank you in advance for any replies.

 

[I AM ALWAYS LIABLE]

"Is there any reason why the records could have been opened and are not sealed?"
*** Yep. He was NOT a juvenile. And even if the record was sealed, he would STILL be a felon (unless his conviction was expunged).

=================================


My response:

Slight correction, JetX. The age of majority in California was lowered to age 18 in 1974. Therefore, at the time of conviction of our writer's father, he was, in fact, a juvenile under the law - - not an adult.

To our writer - - it is a common misconception of convicted criminals that convictions cannot be seen because they have been "sealed". This is partly true. Outsiders cannot "see" the convictions, as in a "background check" conducted by an employer. However, courts and police agencies are not excluded from seeing juvenile records.

This is what happened to your father.

IAAL

 

[JETX]

"Slight correction, JetX. The age of majority in California was lowered to age 18 in 1974."
*** No problem, IAAL. Thanks.
Good to know that my older brothers 'antics', even those before 21, were considered as 'juvenile antics'!!!
And of course, mine too..... since I left California when I was under 21!!

 

[momofmcc]

Thank you IAAL for your response. I guess only time will tell what is going to happen with this case. Thanks again.

 

[billc31]

"Is there any reason why the records could have been opened and are not sealed?"
*** Yep. He was NOT a juvenile. And even if the record was sealed, he would STILL be a felon (unless his conviction was expunged).

=================================


My response:

Slight correction, JetX. The age of majority in California was lowered to age 18 in 1974. Therefore, at the time of conviction of our writer's father, he was, in fact, a juvenile under the law - - not an adult.

To our writer - - it is a common misconception of convicted criminals that convictions cannot be seen because they have been "sealed". This is partly true. Outsiders cannot "see" the convictions, as in a "background check" conducted by an employer. However, courts and police agencies are not excluded from seeing juvenile records.

This is what happened to your father.


IAAL

This recently happened to my son as well, the employer did a background check through the local sherriff's office and low and behold there was his conviction which was supposedly sealed under his plea as a YO.