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Customer: my name is *****...
Customer: my name is ***** *****, I'm interested to find out if my juvenile record can be destroyed
JA: Thanks. Can you give me any more details about your issue?
Customer: in 2004 I was arrested but never appeared in court for posession of alcohol andin 2006 I was arrested and sentenced for possession of marijuana since then I have had no involvement with the law, however I am attempting to join the military and at this point it looks as those two incidents from 11 and 9 years ago, respectively are holding me up
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Submitted: 1 year ago.Category: Legal
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12/16/2015
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,439
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In which state?
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Customer reply replied 1 year ago
New Jersey
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
Under NJ law a juvenile record cannot be destroyed, but it can be sealed/expunged, which is sufficient for entry into the military and that is one of the grounds actually specified in the NJ code for sealing the juvenile record. You can see the law at http://law.justia.com/codes/new-jersey/2013/title-2a/section-2a-4a-62 and it is fairly clear.
Since it has been more than two years since your offense you appear to qualify. So you need to file a petition for expungement in the court as the code above specifies and your whole juvenile record may be expunged/sealed, which would allow you entry into the armed forces.
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Customer reply replied 1 year ago
How will this state statute supercede the US military regulations? I've mentioned to my recruiter the possibility of expungenent and his reply was that it would not be sufficient, is there any additional information or statutes I can give to him?
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
It does not supersede anything, but for the military an expungement has been sufficient for those I have just dealt with who entered the Army. However, I have given you the NJ statute above that applies and that is all that is available in NJ.
The NJ law says expungement means“the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly,” as provided by N.J.S.A. 2C:52-27 (Effect of Expungement).
Your enlistment also depends on which branch of the military, since some like the Navy will not touch you with any history or proof of drug use, including an expunged drug offense, but the Army will, especially with the charge expunged, and it has taken people I have dealt with.
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Customer reply replied 1 year ago
The statute you brought up states"b. In any case wherein a juvenile has been adjudicated delinquent and said juvenile enlists in any branch of the Armed Forces of the United States, he may at any time after the date of such adjudication present a duly verified petition to the court"In my original question I started that these incidents happened 9 and 11 years ago, I am no longer a juvenile, I am twenty six years old.
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
It does not matter when you apply for this, the court will still take the petition you file in accordance with the law and will grant you the expungement of the record upon proof you are intending to enlist in the military and that would be sufficient. You need to apply to the juvenile court as the statute states in order to get what you are seeking, even though you are 26 now.
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