Criminal Defense Lawyers

Do Juvenile Records Impact Military Enlistment in New York?

As experienced federal defense attorneys, we at Spodek Law Group often get asked whether juvenile records can affect someone’s ability to enlist in the military in New York. It’s an important question, as many young people view military service as a path to a brighter future. The short answer is that yes, juvenile records CAN potentially impact military enlistment – but the specifics depend on several factors.In this comprehensive guide, we’ll break down everything you need to know about how juvenile records are handled in New York and what it means for military recruitment. We’ll cover the laws around juvenile records, how the military views them, and what options you may have if you’re concerned about your record. Let’s dive in!

Understanding Juvenile Records in New York

Before we get into how juvenile records affect military enlistment specifically, it’s important to understand how New York handles juvenile records in general. The juvenile justice system in New York is designed to be more rehabilitative than punitive, with the goal of giving young offenders a chance to turn their lives around.

What Qualifies as a Juvenile Record in NY?

In New York, a juvenile record is created when someone under the age of 18 is arrested or adjudicated (found guilty) for an offense. This can include:

• Arrests
• Court appearances
• Probation records
• Placement in juvenile facilities

It’s worth noting that in New York, 16 and 17-year-olds are no longer automatically prosecuted as adults for most offenses. The “Raise the Age” law passed in 2017 means that 16 and 17-year-olds are now treated as juveniles in Family Court for most cases.

Are Juvenile Records Public in New York?

One of the most common questions we get is whether juvenile records are public in New York. The good news is that in most cases, juvenile records in New York are CONFIDENTIAL and not accessible to the general public. This means that employers, landlords, and others typically cannot view these records.However, there are some important exceptions:

• Law enforcement agencies can access juvenile records
• Courts can access the records for sentencing purposes if the person commits a crime as an adult
• Some government agencies may be able to access records for background checks

So while juvenile records aren’t completely sealed off, they are much more protected than adult criminal records.

Sealing Juvenile Records in New York

New York law provides a process for sealing juvenile records in many cases. This essentially means the records are hidden from view and treated as if they don’t exist. The process for sealing records depends on the type of case:Juvenile Delinquency Cases:

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• Records are automatically sealed when the case is terminated favorably (dismissed or acquitted)
• If there’s a finding of delinquency, records can be sealed 3 years after the case ends if there are no new offenses

Youthful Offender Cases:

• Records are automatically sealed upon sentencing as a youthful offender

Adult Criminal Cases for 16-17 Year Olds:

• Can petition to have records sealed after 10 years if certain conditions are met

It’s important to note that even sealed records may still be accessible to law enforcement and the military in some cases. But sealing provides an extra layer of protection and privacy in most situations.

How the Military Views Juvenile Records

Now that we’ve covered how New York handles juvenile records, let’s look at how the various branches of the military approach them during the enlistment process. The military takes character and conduct very seriously, so they do look closely at applicants’ backgrounds – including any juvenile history.

Do You Have to Disclose Juvenile Records?

This is one of the TRICKIEST parts of the enlistment process when it comes to juvenile records. The general rule is that you should disclose any arrests, charges, or adjudications – even if they’ve been sealed or expunged. The military conducts thorough background checks and has access to sealed records in many cases.Failing to disclose a juvenile record, even a sealed one, can be considered fraudulent enlistment – which is a serious offense. It’s always better to be upfront about your history.

How Different Branches Handle Juvenile Records

While all branches of the military consider juvenile records, their specific policies can vary:Army:

• Looks at all criminal and juvenile records
• May grant waivers for some offenses on a case-by-case basis

Navy:

• Considers juvenile records but focuses more on adult conduct
• More likely to grant waivers for minor juvenile offenses

Air Force:

• Has stricter standards for juvenile records
• Less likely to grant waivers, especially for drug offenses

Marines:

• Takes a hard line on juvenile records
• Least likely to grant waivers among the branches

Coast Guard:

• Considers juvenile records but may be more flexible
• Waivers possible for minor offenses

It’s important to remember that policies can change, and each case is evaluated individually. Just because you have a juvenile record doesn’t automatically disqualify you from service.

Types of Offenses That May Disqualify You

While minor offenses may not be a big deal, certain types of juvenile offenses are more likely to cause problems for military enlistment:

• Violent crimes
• Drug offenses (especially distribution)
• Sexual offenses
• Multiple offenses showing a pattern of misconduct

These types of offenses may require a waiver or could potentially disqualify you from service altogether. But again, it depends on the specific circumstances and how you’ve conducted yourself since the offense.

Options if You Have a Juvenile Record

If you’re concerned about how a juvenile record might affect your ability to enlist, don’t lose hope! There are several options you can explore:

1. Be Honest and Upfront

The MOST IMPORTANT thing is to be completely honest about your record. Explain the circumstances, take responsibility, and highlight how you’ve grown and changed since then. Many recruiters appreciate candor and maturity.

2. Get Your Record Sealed

If your record isn’t already sealed, go through the process to have it sealed. While this doesn’t guarantee the military won’t see it, it does provide an extra layer of privacy and shows you’ve taken steps to move past your juvenile history.

3. Seek Character References

Strong character references from teachers, employers, or community leaders can go a long way in showing how you’ve matured and become a responsible adult.

4. Consider a Different Branch

If one branch denies you, don’t give up. Each branch has different standards, so you may have better luck with another.

5. Look into Waivers

For some offenses, you may be able to get a waiver. This is essentially special permission to enlist despite not meeting all the standard criteria. The process can be complex, but it’s worth exploring.

6. Wait and Reapply

In some cases, waiting a few years and reapplying can make a difference. This gives you time to build a positive adult record and show sustained good conduct.

7. Consult with an Attorney

An experienced attorney who understands both juvenile law and military enlistment can be invaluable in navigating this process. They can help you understand your options and present your case in the best possible light.

How Spodek Law Group Can Help

At Spodek Law Group, we understand how important military service can be to many young people. We also know how confusing and overwhelming the enlistment process can be, especially if you have a juvenile record. That’s why we’re here to help.Our team of experienced attorneys has a deep understanding of both New York juvenile law and military enlistment procedures. We can assist you in several ways:

1. Record Review: We’ll thoroughly review your juvenile record to understand exactly what you’re dealing with.
2. Sealing Petitions: If your record isn’t already sealed, we can guide you through the process of petitioning to have it sealed.
3. Disclosure Guidance: We’ll help you understand what needs to be disclosed to the military and how to present your history in the best possible light.
4. Waiver Assistance: If you need to seek a waiver, we can help you prepare a strong case and navigate the complex waiver process.
5. Legal Advocacy: If needed, we can act as your legal advocate, communicating with military recruiters or review boards on your behalf.
6. Strategic Advice: We’ll provide personalized advice on the best approach for your specific situation, whether that’s applying now, waiting and building a stronger application, or exploring alternative options.

Remember, having a juvenile record doesn’t have to be the end of your military dreams. With the right approach and expert guidance, many young people with juvenile records have gone on to successful military careers.

Frequently Asked Questions

To wrap up, let’s address some common questions we hear about juvenile records and military enlistment:Q: Will the military see my sealed juvenile record?A: Possibly. The military has access to many sealed records for security clearance purposes. It’s best to assume they will see it and disclose accordingly.Q: Can I lie about my juvenile record on my enlistment application?A: Absolutely NOT. Lying on your application can lead to serious consequences, including charges of fraudulent enlistment.Q: I was arrested as a juvenile but never convicted. Do I need to disclose this?A: Yes, you should disclose any arrests, even if they didn’t result in a conviction.Q: How long do I have to wait after a juvenile offense before I can enlist?A: This varies depending on the offense and the branch of service. Generally, you need to show a period of good conduct – often 3-5 years for serious offenses.Q: Can a juvenile drug offense prevent me from enlisting?A: It can, especially for more serious drug offenses. However, waivers may be possible for some minor drug offenses.Q: What if I’m not sure if I have a juvenile record?A: It’s best to check. We can help you obtain and review your juvenile records to be sure.

Conclusion

Navigating the impact of a juvenile record on military enlistment can be complex, but it’s not impossible. With the right approach, many young people with juvenile records have gone on to serve their country with distinction.At Spodek Law Group, we’re committed to helping you understand your options and present the strongest possible case for enlistment. We believe in second chances and in helping young people achieve their dreams of military service.If you’re concerned about how a juvenile record might affect your ability to enlist, don’t hesitate to reach out. Our experienced team is here to guide you through every step of the process. Contact us today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation. Your future in the military may be brighter than you think!