Legal Question in Criminal Law in California
Can you tell me if a man whos had a violent felony as a teen, could get his record expunged and join the marines?
3 Answers from Attorneys
I don't know whether your problem will disqualify you from joining the Marines, ask a recruiter. But they will find out, and where the military is concerned having an offense "expunged" doesn't count.
Maybe Yes. Probably no.
You can consider getting the conviction expunged; it would help in obtaining and keeping employment, but the military will make their own decision; talk to a recruiter. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
If it is a juvenile offense, and it qualifies, the record is subject to sealing, not expungement. With that said, I doubt you would be allowed to join the United States Marine Corps without what is known as a secretarial waiver. You should speak to a recruiter for further details.
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