post-conviction reduction of charges

[el_zool]

What is the name of your state? Washington

When I was 17, I plead guilty to five misdemeanor (non-violent, non-sexual) charges in Juvenile Court. Restitution was paid in full, community service completed, and I have no charges since (I'm now 23). I am preparing to enlist in the Army's Military Intelligence field, but the five juvenile charges are currently keeping me out. However, my recruiter has mentioned that he's seen this before, and that as little as having one of the charges dropped post facto would be enough to grant me a security clearance. He has also said that sealing the records may or may not be sufficient. I cannot find any legal precedent in the RCW, but I'm hoping that someone has seen this before or at least knows what the procedure for a post-conviction reduction in charges would be. Any help would be most sincerely appreciated. Also, if anyone knows whether or not sealing my juvenile records is sufficient for enlisting in a high-security position, I'd appreciate that too. Thank you very much, to anyone who can help with this.

The charges on my record are as follows:
2 cts Vehicle Prowl 2
1 ct Attempted Vehicle Prowl 2
1 ct PSP 3
1 ct Attempted PSP 2

 

[seniorjudge]

Are you certain that these were in juvenile court?

If you are, then how did the military find out about them?

 

[el_zool]

They most certainly were Juvenile Court, and before proceeding with the enlistment, I told the recruiter that I had misdemeanor charges against me as a juvenile, off the record, and asked if that would impact my security clearance. He said that it only would if it showed up in the background check. He performed said check just in case, and it came back with one charge (possession stolen property second degree). To make a very long story short, it seems the county clerk made a mistake when my record was ammended after sentencing, by forgetting to list that crime as "attempted" thereby accidently upping it to a felony. I have since gotten the record fixed. Anyway, once that popped up, a more in depth investigation was undertaken in which all five (now correctly labelled) charges are listed. Are you familiar with any precedence in this situation?

Thank you for taking the time to read and respond to my plight.

 

[seniorjudge]

So juvenile court records are public information in your state?

 

[el_zool]

By my understanding, they are not, once the subject has reached 18. However, the US Army does their background checks using the FBI's national database, which could indicate how they found the charges.

 

[seniorjudge]

http://www.co.clark.wa.us/juvenile/sealing-destroying.htm

Here's a place to help you start searching.

 

[el_zool]

Thanks for the help. Now I just need to find out whether or not the Army considers sealed juvenile records during the background investigation, but I'll check the UCMJ for that one. Thank you Judge!

 

[el_zool]

Update

I have just been made aware that sealed records are still accessible through the government's background investigation, which means that even sealed, I'm still ineligible for Federal Service. Is there anyone out there who knows of a precedent which could allow me have just one of the aforementioned charges dropped from my record, perhaps in exchange for more community service or something?

 

[brisgirl825]

I have just been made aware that sealed records are still accessible through the government's background investigation, which means that even sealed, I'm still ineligible for Federal Service. Is there anyone out there who knows of a precedent which could allow me have just one of the aforementioned charges dropped from my record, perhaps in exchange for more community service or something?

It's not unheard of. I would recommend that you talk to the DA.