Legal Question in Criminal Law in California

Felony info given to recruiters

My spouse was in the California Army National Guard for 24 years and 9 of them active. He recently tried to get in Army. An old arrest charge was sent to them via the FBI fingerprint search that said he was arrested on a Felony charge. He produced paperwork stating that charges were reduced to a Misdemeanor charge and he has served all terms of his probation. (This happened 15 years ago.) NOW, the Army induction center is trying to hold up his enlistment and using that to determine if he is retainable. Is this legal? Can I sue them as a family that has been injured financially due to their refusal to accept his legal status? This has been going on for over 2 months. He is the sole provider for our family and now we are facing foreclosure on our house and debts are not being paid due to the fact that they keep calling him to LA stating that he is retainable and then they drop the bomb that he isn't. Do I have the right to sue on behalf of my family? They have really messed us up financially. They called him to LA for induction in July and when he got there they stated they had an FBI report that he committed a felony. He lost a good job, lost his unemployment, and lost a part time job because of that. They called him back again


Asked on 9/11/08, 9:52 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Felony info given to recruiters

No, you do not have a 'case'. Clear up the records and negotiate your way through this.

Read more
Answered on 9/12/08, 1:12 pm
Gary Polston The Law Office of Gary M. Polston

Re: Felony info given to recruiters

You should probably direct this question to a civil attorney

Read more
Answered on 9/12/08, 3:34 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Felony info given to recruiters

Unfortunately yours is not an unusual case. I would try writing a letter to your Congressmembers.

Read more
Answered on 9/11/08, 10:03 pm


Related Questions & Answers

More Criminal Law questions and answers in California