How can I get my criminal record cleaned for the military? 48 Answers as of August 24, 2011

I was with my brother in Wal-Mart and he stole some dvds, and when we were leaving a store worker grabbed me and I pushed him up against the wall. They searched my brother and found the dvds on him, searched me and found nothing. Called the police, And I lied about my age by saying I was 17, but was still charged. I've never had a court date for the crimes, No warrant or anything. Reason for my question is I'm trying to join the military, but the charges came up when I had my live scan. I was wondering how can I get this mess taken care of or get any information on it. I went to the police station where they took us, but the police officer was being mean and didn't release any information to me. The clerk said the statue of limitations has passed. If so, why are the charges still showing up? How can I get it taken care of?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
I would suggest calling the county prosecutor's office to find out what is going on. Were you charged or not? If so, then that is why it is showing up and you will need to get that matter resolved or else it will remain on your record. If you were not charged, I don't know why it would be showing up. Call the prosecutor to find out what is going on.
Answer Applies to: Michigan
Replied: 8/24/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Your record would have to be reviewed to determine what occurred and whether you may qualify for an expungement sealing the record. You should consult with legal counsel.
Answer Applies to: Minnesota
Replied: 8/18/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
You may want to consider pursuing an expungement to have your record cleared of the charges. Contact a criminal defense attorney in your local area who will be able to assist you with this. Expungements can be quite effective but for certain jobs, especially governmental ones, charges may still need to be disclosed. As long as you do not also have any convictions, you may not have any problems. My office handles a large number of expungements on a regular basis. If you are interested in pursuing an expungement in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free case evaluation.
Answer Applies to: Louisiana
Replied: 8/17/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
None of this makes any sense because there should be a warrant for your arrest if you had charges but never went to court. You will have to retain our office (i.e. pay us) to research this with the authorities for you.
Answer Applies to: New York
Replied: 8/16/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Well, if they charged you and you failed to appear, the Statute of Limitations is tolled or put on hold. Consequently, the charge may remain active. There is some potential that you may have been charged with robbery because there was physical force involved. I would suggest you check with the county Clerk's Office where the theft occurred and see if there is a warrant out. If so, you will need to schedule a time to ask the judge to "quash" the warrant. You will have to deal with the charge or charges if they are active. If the Statute of Limitations has run, you will need to file a petition to have your record expunged.
Answer Applies to: Washington
Replied: 8/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If all the facts are true you should not have a charge showing up on your record. It should only come up as a misdemeanor arrest with the charges drop or never filed. If this is keeping you out of the military then consult in person with an attorney and have him handle it for you.
    Answer Applies to: California
    Replied: 8/15/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    August 15, 2011 You may need an attorney to clear this one up. There are no expungement laws in the State of Alabama. If you were not charged and did not have a disposition in Court you should not have a criminal record for a conviction. If arrested, you should have had a court date to resolve the arrest. It might be that you need to have the arrest records cleared.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Night Life Lawyers
    Night Life Lawyers | Joshua Aldabbagh
    It sounds like the record of your arrest is what is showing up. You can get your record sealed, which makes it so the arrest never occurred; you can truthfully answer "no" when asked if you have ever been arrested. An attorney can assist you in sealing your records, feel free to contact my office.
    Answer Applies to: Nevada
    Replied: 8/15/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should contact the court to see if charges were actually filed, they may have been but for some reason they may not have notified you of a court date. It also may be that the court has no record of it because althoughthe police filed a reportthe prosecutor decided not to pursue yourcase. You could hire an attorney to try to expunge your record.
    Answer Applies to: New York
    Replied: 8/15/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Get a copy of your criminal history from the County Clerks office were the incident occurred. What might be showing up is a record of an arrest but not a conviction
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I do not know what document you are referring to. The matter would have to be charged to be of record, which would mean that there is a court case on record. If so, I would have to see what the court case says. Consult with an attorney.
    Answer Applies to: Washington
    Replied: 8/15/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Retain an attorney.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    If the SOL has ran, you can file a Motion for Non-Disclosure. I need more information but you may be entitled to an expunction. Both are costly, expect $300 court fee, $15 per party to be served with the order (there can be between 6 and 12 agencies and with a military enlistment on the line, don't chance it, notice everyone) and of course attorney's fees
    Answer Applies to: Texas
    Replied: 8/15/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    wrong you were arrested but never tried, those are two different things, you will come up on a BCA search as being arrested for shoplifting but that in itself is your problem. you may need to hire an attorney to see if they can help.
    Answer Applies to: Minnesota
    Replied: 8/15/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    Your case sounds very interesting. If you never went to court, the offenses should not be showing as convictions on your record. On the other hand, I suspect the charges are coming up under the "charge" segment of the criminal history records system (LIEN) and the court failed to issue a warrant for you. The charges are probably still outstanding. Given the length of time that has passed and your desire to go into the military, the prosecutor may be willing to dismiss the charges or reduce them to something that will not prevent you from going into the military.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Get an attorney to help you. He can check if there are warrants or charges against you. If there are he might be able to resolve the matter without a conviction.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry If I understand your details, you appear to have been arrested but never charged. If so, I do not know how this is showing up for purposes of the military. If it shows as a contact, then it is with the individual police department. If it is in the LEIN system, then it would show as an arrest and nothing in the charging or Court stage. This can be explained to the military. It may also lend itself to a Motion For Rut urn of fingerprints. This would take the arrest out of the system. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    The process is called "annulment" and is explained in NH RSA 651. If you were arrested but never convicted you are entitled to having the record of arrested removed. The petition to annul must be filed in the district court where the arrest took place. The clerk's office has a form you can use.
    Answer Applies to: New Hampshire
    Replied: 8/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Unfortunately in Alabama there is no statute which allows for expungement.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    The charge would ordinarily not show up unless the case was filed-and it is when the case is filed and not when you first appear in court that determines if the statute of limitations has expired. It is possible you were never charged but the arrest is showing upand you can move to have an arrest expunged through WACIC.
    Answer Applies to: Washington
    Replied: 8/14/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    You should hire an attorney who can get the file and move the court for an expungement. However, a thorough background check may still show the arrest regardless.
    Answer Applies to: Pennsylvania
    Replied: 8/14/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you were convicted of a crime then you will have a criminal record. New York does not have an expungement statute. That's why you need to retain a good criminal attorney so that you have the best chance of not getting a criminal record.
    Answer Applies to: New York
    Replied: 8/14/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    You can file to seal the record of arrest. You have to petition the court - it does not happen automatically.
    Answer Applies to: Colorado
    Replied: 8/14/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    You will need to hire an attorney to file a Motion for Judgment of Expungement.
    Answer Applies to: Louisiana
    Replied: 8/14/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Go to the courthouse in the county where you were arrested/ticketed. Tell the clerk you would like to file to have an arrest sealed, and the clerk can look up for you exactly the status of the charge. So long as it is truly not a conviction, in that you were never found guilty (or adjudicated delinquent), you should be able to file a motion to have the record sealed. You would need to ask the military recruiter to find out if the arrest is sealed if you'll be eligible to enter the military.
    Answer Applies to: Colorado
    Replied: 8/14/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    There is a difference between being charged and convicted. If charged but not convicted it still may show up on your record. You need to determine whether the case is still open or if the charge needs to be expunged.
    Answer Applies to: Minnesota
    Replied: 8/14/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You need to seal non-conviction data. See http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/guideToCrimHistoryRecords
    Answer Applies to: Washington
    Replied: 8/14/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    This is really a job for a lawyer. A lawyer could help sort this out fairly easily and it would not be too expensive. You have not given enough information at this point for any other advice.
    Answer Applies to: Washington
    Replied: 8/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were never charged with a crime, I do not know how anything can appear on your record. In any case, you should be able to join the military, as you have not ever been convicted of a crime. I would suggest contacting an attorney to discuss the matter with the police, and getting any records recalled by the police, if they are recorded in your criminal history. If you were charged with a crime, of course, you could get it expunged in the court where the case was held, however, that does not seem to apply in your case.
    Answer Applies to: Illinois
    Replied: 8/14/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    I'm confused. If you never had a court date nor a warrant, then there should not be any criminal charges on your record. Are you confusing arrest record with criminal charges?
    Answer Applies to: Washington
    Replied: 8/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Nothing you can do. Only convictions can get expunged. Since you weren't convicted or anything, there is nothing to expunge. The military will always be able to see that you were arrested (but not convicted).
    Answer Applies to: California
    Replied: 8/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Did you ever have to go to court or appear in front of a judge? It's hard to tell what happened from the facts you gave. It sounds like a piece of the puzzle is missing.
    Answer Applies to: New York
    Replied: 8/14/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    You can expunge the arrest from your record, but law enforcement will still be able to see it. Have you spoken to a military recruiter? If you do not have a conviction, there may be no problem. Your best best would be to hire a lawyer to obtain a disposition on the arrest and expunge the arrest from your record.
    Answer Applies to: New Jersey
    Replied: 8/14/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If no charges were filed you may be able to file to 'seal' the records.
    Answer Applies to: Colorado
    Replied: 8/13/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    It appears that only the arrest shows up on your record. You can file a petition with the court stating that you were factually innocent of the charges. However, these are hard to win because you must price that the officer did not have a reason to arrest you and you were factually innocent of all charges. Here, the officer may have arrested you for giving false information to a peace officer
    Answer Applies to: California
    Replied: 8/13/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    Yes, unfortunately in Florida, if you've ever been arrested, even if the charges were dropped or never even filed, it will show up on your criminal record unless you get that arrest record expunged. If you have no convictions, and have never sealed or expunged a record before, you would be eligible to get this charge expunged. You can find more information at www.expungerecordflorida.com.
    Answer Applies to: Florida
    Replied: 8/13/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You say that you lied about your age saying that you were 17 but do not say how old you actually were. At 17, you would be charged as an adult. If you were over 17, then it has no effect. If you were under 17, then the case should have been handled by the juvenile system. If you were over 17, go to the clerk's office in the county in which you were arrested and see if there was a case ever filed against you. (I am assuming that it is above $50 value which means it would be county level. If it was below $50, then it would be municipal court or justice of the peace court.) If they do not have any record of charges against you, then the only thing on your "record" is your fingerprints. If there was a case, then you need to see what happened. Was it dismissed? The bottom line is no matter what happened, as long as the case is not still pending & a warrant outstanding, you need to hire a lawyer to file a lawsuit in civil district court to expunge whatever records that there are (including the fingerprints) in order to completely remove the case from your criminal history. Unfortunately, this process generally takes several months so if you are in a hurry, you need to get someone hired immediately.
    Answer Applies to: Texas
    Replied: 8/13/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You can apply to the Washington State Patrol to delete non convction data from background checks (i.e. an arrest where no charges were filed) if you are not now under prosecution, have not been charged with a new crime the 3 years have alapsed from the date of arrest.
    Answer Applies to: Washington
    Replied: 8/13/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It depends on what exactly is showing up, and on how long ago it happened. If you were convicted, which could have happened if you missed a court date, especially for a very minor offense, then there is a waiting period for expungement, and you might not qualify at all. If you were charged and the charges were dismissed, you can have the charges expunged after a year. If you were charged and the charges are still pending, you need to talk to a lawyer about how to deal with it. A lawyer can easily figure out what happened in your case. You can also go to the courthouse and ask. It's conceivable that there is a warrant out for your arrest, although the police officer with whom you spoke probably would have noticed.
    Answer Applies to: Oregon
    Replied: 8/13/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Cleaned? You dont. Arrests, convictions and pleas are generally on your record forever. If there is a conviction on your record, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. It sounds like there is no conviction to expunge. Expungement does NOT clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. Sometimes the military will accept that expungement and allow enlistment. If there is only an arrest, you can consider trying to apply through a Motion and court hearing for a declaration of factual innocence and then seek to have the arrest record sealed from public view. Again, it doesnt disappear, and is accessible by law enforcement and government investigation. However, the military would likely accept that as cleared, and allow enlistment. It would require a showing that you actually were innocent, without validity to the allegations that got you arrested, and that no charges were filed, or were dropped, by the court and DA in the interests of justice. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 8/13/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Hire an attorney to help you out. Could be quite tricky.
    Answer Applies to: Michigan
    Replied: 8/13/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    I would say that you are eligible for an expungement under Minnesota law as the matter was resolved in your favor. No charges were ever filed against you. An expungement order from the court will require the police department to seal their records regarding the arrest and clear you for military service.
    Answer Applies to: Minnesota
    Replied: 8/13/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Hire a lawyer to have it expunged.
    Answer Applies to: Michigan
    Replied: 8/13/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    I will need more details to give you good advise. Sent from my U.S. Cellular BlackBerry smartphone
    Answer Applies to: New Hampshire
    Replied: 8/13/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Depending upon where this occurred, you may be able to have an attorney file an expungement of the records. An expungement only serves to seal the records from certain inquiries. A military inquiry may or may not still be able to find an expunged record. Each State has different laws concerning expungement so you should consult with an attorney in the area where this incident occurred.
    Answer Applies to: Kansas
    Replied: 8/13/2011
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