If I have a record for shoplifting at the age of 17 will it be cleared once I turn 18? 4 Answers as of June 10, 2013

If I have a record for shoplifting at the age of 17 will it be cleared once I turn 18? I want to go to the army reserve at the beginning of July and I dont want this to affect my chances of going.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information such as did you get an ACOD - which means the case is adjourned for 6 months and if you do not get in trouble again the case will be automatically dismissed on that date. If you also obtained Youthful Offender status, then the conviction would be vacated and the record sealed. if you did not get youthful offender treatment and did not get an ACOD.
Answer Applies to: New York
Replied: 5/24/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You were almost certainly given Youthful Offender Treatment for that case and therefore you will not have a criminal record. The military will know about the arrest and your recruiter can obtain a waiver if it is a problem with your joining the military. The police, government, and DA will know about your arrest and YO but the computer records will not show a criminal conviction to others. You will have to say you were arrested on employment forms and say that it was a Youthful Offender status case. A record is not expunged in New York, it is on the computer forever and is never erased.
Answer Applies to: New York
Replied: 5/23/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
No.
Answer Applies to: New York
Replied: 6/10/2013
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
I'm sorry to tell you that turning 18 does not change anything because in NY you get a record from the time you turn 16 and it doesn't go away because you become an adult. As far as the criminal justice system is concerned, you are an adult at 16. However, don't get upset yet, because generally you have an automatic right to Youthful Offender status if you're under 19 at the time of the crime and that means any conviction is "set aside" and you should have no criminal record. Or your case may have been given an Adjournment in Contemplation of Dismissal, an ACOD, which means if you didn't get re-arrested within 6 months or a year, the case should have been dismissed. Either way it turned out, you should still be able to get accepted by the Army Reserves as long as your case is completely over and finalized, meaning there is no pending Probation or Conditional Discharge. If anything is still hanging over you, then you would have to go back to the Judge who sentenced you and get him/her to release you so you can enter the Armed Forces. Good luck.
Answer Applies to: New York
Replied: 5/20/2011
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