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    Whoaaa's Avatar
    Whoaaa Posts: 8, Reputation: 1
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    #1

    Aug 3, 2013, 09:56 AM
    Can a Juv felony record stop me from joining the army
    At the age of 15 I was charged with penal code 23110 (b) VC. I am 28 now it has been 13 yrs since then is there anyway I can get in the army without worries? Do I have to get the record sealed? That is my only record I have not done anything else since then. What should I do?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 3, 2013, 09:58 AM
    What state or country? What is the penal code provision you mention all about? Were you convicted?
    Whoaaa's Avatar
    Whoaaa Posts: 8, Reputation: 1
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    #3

    Aug 3, 2013, 10:20 AM
    It's in California, the penal cod is "Throwing a Substance at Vehicle" yes I was convicted of it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 3, 2013, 10:46 AM
    Ask the recruiting officer. It's my impression that it's discretionary with the Army.

    Funny, I don't see a section "23110 (b) VC" in the California Penal Code:

    "...
    CHAPTER 3. PERMITS ......................................... 23000-23025
    TITLE 4. FIREARMS
    DIVISION 1. PRELIMINARY PROVISIONS .......................... 23500-23520
    DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED
    WARNINGS ........................................ 23620-23690
    DIVISION 3. DISGUISED OR MISLEADING APPEARANCE
    CHAPTER 1. MISCELLANEOUS PROVISIONS ............................. 23800
    CHAPTER 2. OBLITERATION OF IDENTIFICATION MARKS ............ 23900-23925
    ..."
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    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Aug 3, 2013, 11:57 AM
    I don't know how they do it in Cali but my daughter was almost kicked out of the Air Force for old debts she was delinquent or not paying on. She asked me why can they give these guys the option of going to jail or join the military, but they want to kick me out.
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    Whoaaa Posts: 8, Reputation: 1
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    #6

    Aug 3, 2013, 05:16 PM
    Quote Originally Posted by N0help4u View Post
    I don't know how they do it in Cali but my daughter was almost kicked out of the Air Force for old debts she was delinquent or not paying on. She asked me why can they give these guys the option of going to jail or join the military, but they want to kick me out.
    I have a friend who had that happen to him, he was told by a Judge that he had to options one was to go to jail or go into the Military so he picked the military of course.
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    #7

    Aug 3, 2013, 05:20 PM
    Quote Originally Posted by AK lawyer View Post
    Ask the recruiting officer. It's my impression that it's discretionary with the Army.

    Funny, I don't see a section "23110 (b) VC" in the California Penal Code:

    "...
    CHAPTER 3. PERMITS ......................................... 23000-23025
    TITLE 4. FIREARMS
    DIVISION 1. PRELIMINARY PROVISIONS .......................... 23500-23520
    DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED
    WARNINGS ........................................ 23620-23690
    DIVISION 3. DISGUISED OR MISLEADING APPEARANCE
    CHAPTER 1. MISCELLANEOUS PROVISIONS ............................. 23800
    CHAPTER 2. OBLITERATION OF IDENTIFICATION MARKS ............ 23900-23925
    ..."
    That's because the Offense is a Vehicle code violation so you would have to just goggle it. But the question I was trying ask is if I get the record expunged or sealed will they still be able find the record?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #8

    Aug 3, 2013, 05:44 PM
    No expunged and sealed means pretty much the same as erased.
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Aug 3, 2013, 05:48 PM
    The issue for those going into the military "instead of jail" they do not have a conviction yet at that point, there case is open, and the judge will dismiss charges if they join the military.

    But this long ago and a juv record, you should be able to join but will have to explain it, and get a waiver,

    Get used to it, nothing, nothing in the military is easy, and will all require 15 forms, signed by several people. I can give you a night mare story about having to replace something I lost.
    Whoaaa's Avatar
    Whoaaa Posts: 8, Reputation: 1
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    #10

    Aug 3, 2013, 08:47 PM
    Quote Originally Posted by Fr_Chuck View Post
    The issue for those going into the military "instead of jail" they do not have a conviction yet at that point, there case is open, and the judge will dismiss charges if they join the military.

    But this long ago and a juv record, you should be able to join but will have to explain it, and get a waiver,

    get used to it, nothing, nothing in the military is easy, and will all require 15 forms, signed by several people. I can give you a night mare story about having to replace something I lost.
    Geez that kind of sucks but it l
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    Whoaaa Posts: 8, Reputation: 1
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    #11

    Aug 3, 2013, 08:48 PM
    Quote Originally Posted by Whoaaa View Post
    Geez that kinda of sucks but it l
    Looks like I'm not going to be able to join well thanks for the advice
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    Whoaaa Posts: 8, Reputation: 1
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    #12

    Aug 3, 2013, 08:50 PM
    Quote Originally Posted by N0help4u View Post
    No expunged and sealed means pretty much the same as erased.
    Oh that's what I figured I just wasn't sure and I didn't look of just looking them up well anyway thanks for the reply
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #13

    Aug 4, 2013, 05:57 AM
    Quote Originally Posted by Whoaaa View Post
    That's because the Offense is a Vehicle code violation so ...
    "23110. (a) Any person who throws any substance at a vehicle or any
    occupant thereof on a highway is guilty of a misdemeanor.
    (b) Any person who with intent to do great bodily injury
    maliciously and willfully throws or projects any
    rock, brick, bottle,
    metal or other missile, or projects any other substance capable of
    doing serious bodily harm at such vehicle or occupant thereof is
    guilty of a felony and upon conviction shall be punished by
    imprisonment in the state prison."

    Does seem more serious than throwing some Cool-aid, doesn't it?

    Quote Originally Posted by Whoaaa View Post
    Looks like I'm not gonna be able to join well thanks for the advice
    That's not what you were told.
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    Whoaaa Posts: 8, Reputation: 1
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    #14

    Aug 4, 2013, 05:44 PM
    Quote Originally Posted by AK lawyer View Post
    "23110. (a) Any person who throws any substance at a vehicle or any
    occupant thereof on a highway is guilty of a misdemeanor.
    (b) Any person who with intent to do great bodily injury
    maliciously and willfully throws or projects any
    rock, brick, bottle,
    metal or other missile, or projects any other substance capable of
    doing serious bodily harm at such vehicle or occupant thereof is
    guilty of a felony and upon conviction shall be punished by
    imprisonment in the state prison."

    Does seem more serious than throwing some Cool-aid, doesn't it?



    That's not what you were told.
    That cool-aid punch line was a little cold, but yea it is a little more serious.

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