Legal Question in Criminal Law in California
Past criminal record?
My son was arrested at the age of 13 for stealing a pen. This was 14 years ago. He wants to become a police officer, how can he honestly answer ''no'' to the question when we have no idea of the charge? He was told that the charge was considered a felony because he entered the store with intent to steal the pen. We have also been told that if he had the record expunged, it would still be seen by the police department and he would be accused of lying. What whould we do and whom should we contact? He never went to court, never saw a judge and was given an assignement to write an essay and do community service. The only person we ever dealt with was a policeman.
3 Answers from Attorneys
Re: Past criminal record?
I doubt there was ever a formal charge or that there is any record.
Re: Past criminal record?
Make sure that they want his entire history. The state bar only wanted information going back to 18 years old. If they want information going back to date of birth, then the best way to handle it is to disclose everything. If he lies and they discover it, then he is a liar. If he tells the truth, then it's something that happened when he was 13 and it's not that bad.
Re: Past criminal record?
It sounds like there is no conviction. Therefore, the only record is of a 'detention' by police. He should not lie on the applications, that is perjury, and if caught at it, is grounds for immediate termination of any employee, no matter how long employed. It may, or may not, deny him the position with some agencies, each one is different. There is no magic wand to make the consequences of our behavior disappear.
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