Recovering an Expunged Record

[G35 Mass]

As mentioned above, expunged means GONE. I've seen expungement orders come from court to the station demanding that every shred of evidence and paperwork regarding certain cases be immediately and permanently destroyed, including digital copies of reports. We'd have absolutely no way of providing anything except the one page letter signed by the Judge ordering the expungement. That we must retain to account for the otherwise missing case number.

[tcop733]

Unless I'm misguided; juveniles are not arrested.......they are taken into custody, at least that's the wording I used in my young offenders reports. I worked in a junior high many years and that's what I advised dispatch when the cuffs were put on.
Unless they're certified to stand trial as an adult they are handled by the juvenile system, thus when they reach adulthood, and they've stayed out of trouble, their records are destroyed, at least they should be.
A release to parent/guardian will simply state the officers name, the juvenile, offense taken into custody for, and have the signing parent/guardians name and their signature.
If the officer feels a written warning is a better course of action Vs. taking a child into custody, than that written warning will direct the parent or guardian to which court they need to contact.

FAMILY CODE

TITLE 3. JUVENILE JUSTICE CODE

CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE COURT

Sec. 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING NOTICE. (a) A child may be taken into custody:

(1) pursuant to an order of the juvenile court under the provisions of this subtitle;

(2) pursuant to the laws of arrest;

(3) by a law-enforcement officer, including a school district peace officer commissioned under Section 37.081, Education Code, if there is probable cause to believe that the child has engaged in:

(A) conduct that violates a penal law of this state or a penal ordinance of any political subdivision of this state;

Unless ongoing criminal behavior continues by the juvenile those juvenile records should be sealed 2 years after the final disposition.
Basically, all records should be sent to the court requesting the sealing of the juvenile records, and all computer data on that juvenile best be taken out of your Dept.'s system.
The writing's pretty clear to me; the taint of criminality should be removed from a juvenile as not to interfere in his/her adult ventures.
And if I'm reading this right, this guy who was busted for pot has no real obligation to divulge said information.

(f) A copy of the sealing order shall be sent to each agency or official named in the order.

(g) On entry of the order:

(1) all law enforcement, prosecuting attorney, clerk of court, and juvenile court records ordered sealed shall be sent before the 61st day after the date the order is received to the court issuing the order;

(2) all records of a public or private agency or institution ordered sealed shall be sent before the 61st day after the date the order is received to the court issuing the order;

(3) all index references to the records ordered sealed shall be deleted before the 61st day after the date the order is received, and verification of the deletion shall be sent before the 61st day after the date of the deletion to the court issuing the order;

(4) the juvenile court, clerk of court, prosecuting attorney, public or private agency or institution, and law enforcement officers and agencies shall properly reply that no record exists with respect to the person on inquiry in any matter; and

(5) the adjudication shall be vacated and the proceeding dismissed and treated for all purposes other than a subsequent capital prosecution, including the purpose of showing a prior finding of delinquent conduct, as if it had never occurred.


(j) A person whose records have been sealed under this section is not required in any proceeding or in any application for employment, information, or licensing to state that the person has been the subject of a proceeding under this title and any statement that the person has never been found to be a delinquent child shall never be held against the person in any criminal or civil proceeding.

Like I said before; juvenile justice is NOT intended to label a juvenile in any way. It's simply there to correct undesired behavior and protect society.
No taint of criminality means exactly that, none, especially to a young man going into the Marine Corps, unless it was a substantially heinous crime, which getting busted with some pot is NOT.

[nguyen12]

Thank you for all the help and I am sorry for the statement that I made about lying, because I still have no intention of ever lying to the military. It was just a statement made out of frustration and I am fully aware of the consequences of fruadulent enlistment. If I offend anyone than I would like to apologize.

[retdetsgt]

Thank you for all the help and I am sorry for the statement that I made about lying, because I still have no intention of ever lying to the military. It was just a statement made out of frustration and I am fully aware of the consequences of fruadulent enlistment. If I offend anyone than I would like to apologize.

I assumed you were just thinking out loud. It would have crossed my mind too although I wouldn't have done it either.