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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4782
Experience:  Experienced in state and federal criminal litigation.
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My son had a ticket in 2005 for simple posession on the Blue

Resolved Question:

My son had a ticket in 2005 for simple posession on the Blue Ridge Parkway in NC. We paid the fine. Now in 2011 he wants to go into the Navy. Since this is Federal jurisdiction and not State, willthis show up anywhere and if so can we get it expunged from his record? We are desperate. Need an answer right away - tonight ASAP. Can you help?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 5 years ago.

TexLawyer :

How is a ticket on the parkway federal jurisdiction?

TexLawyer :

Did he enter a plea in federal court?

Customer:

it is a national park and is federal property

Customer:

it is not on his state record

TexLawyer :

OK, so he was in the park.

Customer:

no we paid the fine via a check through snail mail

Customer:

yes

Customer:

it was given to him by a park ranger

TexLawyer :

Unfortunately, the answer is simple...there is no mechanism to have a federal conviction expunged.

Customer:

one second please...

Customer:

in what instance will this show up if any on a criminal background

Customer:

background check

TexLawyer :

If someone runs a complete background check (as opposed to a state background) it will likely show up.

TexLawyer :

You can check to see what will show up on a complete background check here:

TexLawyer :

The process is slow and can take a while, but it is the only sure-fire way to see what a background check will reveal.

TexLawyer :

This is basically the same process the Navy will do.

Customer:

my son is entering the Navy and his recruiter says not to divulge this info because it is a state background check do have any knowledge of this type situation

TexLawyer :

That is correct, the state background checks will not uncover it, since they only check for state convictions.

TexLawyer :

If the recruiter said not to disclose it, then you don't need to.

Customer:

ok thanks

TexLawyer :

Is there anything else I can help you with?

Customer:

what is the formal term for this charge. is it a felony, misdemeanor, etc

TexLawyer :

misdemeanor. Simple possession, in federal court, is a misdemeanor.

Customer:

even though it was a ticket and not a police report?

Customer:

just a fine; he never went to court or stepped ina police car

TexLawyer :

Did he have marijuana or some other drug?

Customer:

yes marijuana

TexLawyer :

Yes, misdemeanor.

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