Legal Question in Criminal Law in California

When I was 16yrs old 9 in Massachusetts, 3 of my friends and I got arrested for Breaking & Entering in an ABANDONED house. Went to court they told us it was a misdemeanor and we were assigned to 12hrs community service. 13yrs later, I apply to the US. Navy. I inform them I have a misdemeanor, which is ok for the military. After the FBI background check, it comes back a felony, not a misdemeanor. If its a felony, why did they tell us (including our parents) that it was a misdemeanor? Is there anything I can do do lower my conviction to a misdemeanor? My juvenile record says, B&E (with intent to commit a felony). According to the recruiter, the word "intent" throws everything off. At the time of arrest, we broke the window, entered the house, about 5min later, cops found us and we got arrested. Nothing was stolen, because there was nothing to steal. Just a broken window. Can I lower my conviction? If so, how?


Asked on 12/20/09, 4:17 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You need to ask this question in a Massachusetts forum. Although is appears you are posting this question from California, the laws of the state where the incident occurred will control how it appears on your criminal record.

You might be able to have the record sealed but, again, it would depend on the law in Massachusetts. You need to ask a lawyer who is licensed to practice law in that state.

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Answered on 12/25/09, 4:24 pm


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