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Adjudicated Delinquent

Discussion in 'Legal' started by huntinhound8, Feb 5, 2011.

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  1. huntinhound8

    huntinhound8 Member

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    If you are adjudicated Delinquent (age 15) of a crime that would have been a felony (marijuana on school grounds) and recieved 1 year supervised probation, can you still purchase firearms when you are 18? My probation officer said he will "seal" it. He said expunging is taking something off that was already on. He said that he won't even put it on. He said if he files my probation "satifactory," I won't have to worry with it. I am worried about it showing up on that NCIS check. He got me court ordered permission to hunt...that's good news, right? This is in Louisiana and is really bothering me...:banghead:
     
    Last edited: Feb 5, 2011
  2. Ohio Gun Guy

    Ohio Gun Guy Member

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    You need to talk to a lawer, and ask them with the particulars of your case, etc. Then you need to stay out of trouble. Even if this one doesnt ruin it for you, the next one will. Stay Far, Far away from the drugs AND THE PEOPLE WHO GOT YOU CLOSE TO THEM IN THE FIRST PLACE.

    Good luck, keep your nose clean.
     
  3. NavyLCDR

    NavyLCDR member

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  4. huntinhound8

    huntinhound8 Member

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    It will be another year and a half before I am 18. He has assured me that it will not interfere with me getting a job, but the 4473 is nothing to play with.
     
  5. LiENUS

    LiENUS Member

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    huntinhound8 You really need to talk to an attorney about this, but you have said a few things in previous posts that sound like you weren't actually convicted. Did you actually go to court and plead guilty, or receive an actual guilty conviction? Or did you instead go through pre trial intervention (sometimes known as DA's probation?) I'm guessing you likely had an attorney through this, did your family hire one or did you get a public defender? I would talk to that attorney about it, not your probation officer. Those guys are overworked and underpaid (did you know your probation officer had to get a 4 year college degree and still makes less than many people who don't even have a high school diploma or equivalent?) Don't rely on him being perfect, talk to an attorney to find out the specifics of the law and what you need to do to ensure you get your firearms privileges back. IANAL but I THINK things like that are subjected to automatic sealing of your records, but with America's war on drugs you never know, it's best to talk to an attorney to be 100% certain.
     
  6. NavyLCDR

    NavyLCDR member

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    War on drugs AND guns....
     
  7. huntinhound8

    huntinhound8 Member

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    I had three charges...I ended up being charged with one of them as a deal, I believe. I had to go to court 3 times before I was finished...I don't think I went all the way to the actual "trial." I guess it was a plea bargin? It was a court appointed lawyer. My PO has said he has multiple jobs.
     
  8. LiENUS

    LiENUS Member

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    huntinhound8 you really should talk to an attorney, I can't even find the relevant statutes to point you in the right direction, I know expungement is LA RS 44:9 and states
    But I don't believe this statute is applicable in this instance. As it sounds like your PO is doing some form of pretrial diversion. You really need to talk to an attorney about this as even if I could find the specific statute you would be under, Louisiana expungement law is very tricky and the courts have even struck down portions of the law as unconstitutional. So what is in the actual statutes may very well be wrong (don't forget Louisiana is the state that kept, maybe even still has them, the anti sodomy statutes on the books long after the us supreme court ruled them unconstitutional. Without a well versed Louisiana attorney we're just taking stabs in the dark here.

    If you have an attorney in your family or maybe if your family knows one, go to them ask their advice. If it's not their area they'll probably recommend a good attorney for you who may or may not offer you a free consultation on the matter. You're 16 now right? Why not start cutting neighbors lawns to save up a few bucks just in case you need to hire an attorney for an actual expungement. If it turns out that you don't need to hire an attorney then you could buy yourself a new hunting rifle to celebrate.
     
  9. Jeff H

    Jeff H Member

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    Each state has different laws so you'll have to look them up, but I feel pretty confident that once the required time has expired and you can get the record expunged, you'll be fine. Sealed records are not expunged records so depending on State law, some people may still have access to them.

    I don't think you can get a record expunged in just 3 years, it might take longer.
     
  10. vaherder

    vaherder Member

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    You might also have to worry about being disqualified for illegal drug use.

    Folks need to remember if you had an arrest expunged at the state or local level you must also jump through the hoops to get it removed from your FBI arrest record.

    Not sure I want to be out in the woods hunting or at the range with someone who was stupid enough to bring mj onto school grounds and enough for it to be a felony.

    Sounds like someone was dealing. Shame you were not tried as an adult.

    I dont have a problem with legalizing mj.

    Va Herder
     
  11. LiENUS

    LiENUS Member

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    vaherder, it sounds like he was 15 and made a stupid mistake. Maybe he was dealing, maybe it's a bad idea to let him have a firearm, but let's let him prove that when he's older. He's halfway through his probation now and apparently so far is doing fine.
     
  12. justsumstuff

    justsumstuff Member

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    First thing is to define adjudicated delinquent. A quick internet search produced this:
    http://www.family-court.org/Documents/What are the definitions.pdf
    Did you violate state law or federal law? Big difference between the two. The probation officer can not get anything sealed.

    Contrary to popular belief, it is my understanding that your juvenile records are NOT sealed when you turn 18 years. There are many jobs and careers, for example: joining the military, CCW permit, that you must sign an agreement that they can open your juvenile records, educational records, etc. But, you are only 15 so your chance to redeem yourself is to stay out of trouble.

    It is the LAWYER'S job to interpret the law. Talk to the LAWYER that defended you, or one that is familiar with the juvenile and adult systems, and the transition between the two, where you live. Make sure you take your paperwork with you for the lawyer to review.
    Good Luck!
     
    Last edited: Feb 6, 2011
  13. Tomcat47

    Tomcat47 Member

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    2nd Chances.....

    Hope this all works out for you and you Hunt happily ever after!

    You do need more Legal Advice and stay on top of the situation and keep your nose clean!

    KEEP ALL OF THE PAPERWORK FROM COURT AND PO! DONT LOSE ONE PIECE OF IT!

    I had friend that was in similar situation over alcohol.
    After going through the dog and pony show all was expunged blah! blah! blah!......couple years later he tried to purchase a handgun and was denied! When he called in to find out what was wrong, they had NO record of expunged and if not for his paperwork he kept it would have never been removed. All ended well...but it took a few months and he got his gun.

    We ALL need 2nd chances through life for different things!

    Sounds like your PO is trying to help! Make your PO take notice of the changes you make in your life!

    Heck! all this hoopla and confusion on the laws might spark an interest in some sort of law career for you....you never know!
     
  14. William Lee

    William Lee Member

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    Marijuana is becoming an increasingly visible thing and runs up against gun rights in my state (CO) more often than I'm sure it used to. I don't really have a problem with someone who used to smoke weed owning a gun. It's the same as alcohol in my book--just don't do it while you're shooting or carrying and the world is not likely to come to an end. However, since it is still against the law, my advice to anyone who's serious about their second amendment rights is to just avoid it all together.
     
  15. vaherder

    vaherder Member

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    Simple mistake is being busted for simple possession not being charged with three violations of the law. Simple possession gets you a slap on the wrist, fined and maybe a years worth of unsupervised probation.

    I am guessing he was charged with possession, possession of pipe or something similar and possession with intent. I am also guessing he rolled.

    I am all for giving folks second chances and do it all the time at my companies but this was beyond dumb.

    Dumb is driving a few coworkers to another restaurant after you get off and they cutting up a half pound in the back of your parent's car. Thought it was kind of cool since these guys were older. Its was dumb and I was lucky I didnt get pulled over.

    Stupid or under the influence is having any type of contraband or illegal drugs on school grounds.

    My kid it would be a long time before he owned a firearm and living at home. Maybe when he turned 21 or 22yo. 18yo not a chance. And as retired Navy Officer i know just how dumb 18yo men and women can be. You get one second chance.

    You need to talk with a lawyer. Not your probation officer. If you were charged as an adult and then bargained it down to a juvie offense the arrest still will show as an adult charge. Pay the ambulance chaser his/her money its one of the cost of doing something stupid.

    Va herder
     
  16. huntinhound8

    huntinhound8 Member

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    "Sounds like someone was dealing. Shame you were not tried as an adult."

    "Not sure I want to be out in the woods hunting or at the range with someone who was stupid enough to bring mj onto school grounds and enough for it to be a felony."

    1. Straight A's
    2. $5 worth


    No, I was not dealing, you fool. I actually have only tried Marijuana once in my life. My probation officer is indeed trying to help me because he realizes that someone should have a second chance if they try to purchase a MINUSCULE amount of Marijuana.

    He has said he will seal it...can you purchase if it is sealed and not expunged?
     
  17. huntinhound8

    huntinhound8 Member

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    I got three charges because...I don't know. I was only charged with the one I actually commited, possession within 1000 feet of school grounds. It was brought up in court that I only commited one of the three. No pipes. No papers. I only had possession of the stuff for about 20 seconds. The principle saw us and caught us. I was the purchaser.
     
  18. CollinLeon

    CollinLeon member

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  19. CollinLeon

    CollinLeon member

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    And you think calling someone who is an elder a "fool" is going to help your cause here? Not likely...
     
  20. huntinhound8

    huntinhound8 Member

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    What is a "CHL?"
     
  21. huntinhound8

    huntinhound8 Member

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    I assume it would not...
     
  22. CollinLeon

    CollinLeon member

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    CHL = Concealed Handgun License

    CCP = Concealed Carry Permit

    Different states call it different things...

    Looking back at your original post, I see you were just asking about the ability to just purchase a firearm, not about getting a CHL or CCP...

    With regard to that, there is always the FTF type purchases...
     
  23. CollinLeon

    CollinLeon member

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    Correct... Youngsters should not call us elders "fools", no matter whether we are or not... One of these days YOU will be our age and complaining about the lack of respect shown by all the young whippersnappers also...
     
  24. huntinhound8

    huntinhound8 Member

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  25. huntinhound8

    huntinhound8 Member

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    My apologies, but
    was uncalled for...
     
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