• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

need an ACD to be removed - minor now is 19

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

denibeans63

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

Hello:

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 .
 


>Charlotte<

Lurker
If I recall correctly, there's a thread somewhere about expungments in the state of New York in which it was discussed that dismissed charges can be sealed but not actually expunged. They remain accessible to certain government bodies.

Search expunge+New+York and see if you can find it.

It couldn't hurt to talk to an attorney to see if he can think of anything that might not be superficially obvious, but don't get your hopes up.
 

Proserpina

Senior Member
(Writing to the judge won't accomplish anything)

(But even if it did, writing in late December and expecting a response the first week of January is a tad..hasty. No? :cool: )
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top