Q: At age 15 I was arrested and charged with 1st degree assault in adult court. It was then transferred to family/juvenile court where the case was adjudicated and I plead guilty to 2nd degree assault and received 2 years probation.
About 1 year later I was in a car with a group of kids who had marijuana and I was arrested because it hidden in an area of the car that was closest to me. The charges were dismissed because the kid that owned the pot later came forward to claim it was his.
I did a background check on myself and the 1st degree assault arrest charge appeared on my record even though I was a minor. Will the second drug arrest appear on an FBI background check even though I was not fingerprinted and a mugshot was not taken? I am 26 years old now and haven't been in trouble since.
A: David's Answer: Regarding the juvenile delinquency case, you can file a motion to seal the records in Family Court. It is dubious at best whether Family Court can order the police to expunge its own records, however. Regarding your subsequent arrest, however, that would need to be dealt with in adult criminal court, assuming charges were actually filed. You can call a Westchester Family Law and/or Criminal Law attorney to schedule a consult for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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