JustDave

I have a dismissed felony vharge

9 posts in this topic

I was a juvenile when i was accused of a felony robbery, I fought my charge and it was dismissed, but the charges still show up on my juvenile record. I was wondering if I could have the charges completely erased. I just recently had the case sealed but I want to join the military and the charge still exists as a felony so of course it'sa detriment to my chances. I was wondering if I could use prop 47 to either drop it to a misdemeanor or if I could talk to someone and have it completely removed based on the false accusation.. I was 17 when it happened I am now 25 as of March 8. I would appreciate any information for gaining clarity on the situation. Thank you.

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First, Prop 47 isn't available to reduce a robbery.  It's only for non-violent thefts where the value of the property taken is less that $950.  Second, it only reduces a charge to a misdemeanor where there was a conviction or an adjudication.  You said it was dismissed which I'm assuming means the petition was not sustained.  Juvenile court records are not public records and if you had it sealed, the file should be destroyed if the petition was not sustained.  You can contact a local criminal defense attorney to look into it. 

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It wasn't an offense in the first place I never took anything its only a charge because when tbe clerk assaulted me, a friend pushed him down, but he helped him up it was only a reflex. Not to mention they first tried to to make me plea guilty  stating it would be lowered to a misdemeanor. And I was wondering if it could be removed from a federal perspective.

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I'm not sure what to make of your follow up post.  As "LegalwriterOne" explained, "if you had it sealed, the file should be destroyed if the petition was not sustained," so what is "it" and what do you want it "removed" from?  At most, someone may be able to ascertain that you were charged but that the charge was dismissed.  As I explained in the other thread, that will have minimal, if any, impact.

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Having it sealed doesnt remove it from view of federal records the military still see a charge on my name as a felony. I was wondering if I can't get it completely removed could I at least have it dropped and what forms would I have to fill out to have it removed

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Have you actually ask for a copy of the FBI record or are you just assuming it's on there?  It's very uncommon for a juvenile arrest to reported to the feds when the case wasn't adjudicated.  You can't *make* the FBI clear it since it is true there was an arrest.  I'd suggest that you find out if it has been reported first.  See https://www.fbi.gov/services/cjis/identity-history-summary-checks

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Yes the military uses the fbi records to view criminal history. My record showed my felony. I was placed in juvenile hall for 2 weeks tried once chose to fight my case and was placed on house arrest my next hearing 2 more weeks later they ruled it dismissed and released me but the charge still showed.. I believe because I was detained. I had it all sealed months ago but it still appeared in my military background check

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It was more likely reported and you were likely in custody because of your age at the time and the fact that it was robbery charge, which is a violent felony and a strike offense.  There's no court procedure to remove the record from the FBI's CJIS.  The request has to come from the state.  You can contact California Department of Justice Division of California Justice Information Services Bureau of Criminal Identification and Information Record Information and Services Program P.O. Box 903417 Sacramento, CA 94203-4170   (916) 227-3812 (CALNET) 498-3812 about what you can do to get them to notify the FBI to destroy or update the record to reflect a dismissal. 

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