Legal Question in Military Law in Florida
expunged
I am 22 and would like to join the military. Because when i was 19 i had a running with the law. Instead of heaving it go to court, i worked together with the police and helped them. Instead of having my case dissmissed, they had it as nolle prossessed. Because of the nolle processed the army would not take me. Now i am
having this case expunged.My question is this: i know when i have to fill out the forms to join, there will be a question asking if i had ever had a case expunged, than they ask me please explain.
Do i have to explain that? It defeats the purpose why i had it expunged to begin with. If anything, what are my legal rights as far as the military is concerned? Will this still be against me? Can they stil keep me from joining?
2 Answers from Attorneys
Re: expunged
I understand your concerns having served in the military for 22 years. However, expunged does not mean that you did not do something that violated the law. When you join, the military wants information on you. Later, as you move up the ranks, you may require a security clearance or a higher security clearance. Therefore, the military wants to know what kind of person they are getting when you sign up. You would probably get a different answer from a JAG lawyer than you would a recruiter. There is a Staff Judge Advocate in Orlando at the 143D Transcom that could probably help you with this question. Unless you are talking about a heinous crime involving murder, rape, child molestation, the military will probably consider you regardless of the offense. You will find out many times in your future that "expunged" doesn't mean you don't have to disclose it (many jobs where you have a lot of responsibility will require it).
Bear in mind (and I say this again), expunged doesn't mean it didn't happen. Therefore, it raises concern for anyone who is going to place you in a position of responsibility (with valuable equipment and other people's lives and safety). Give the JAG in Orlando a call.
Re: expunged
Your question is a very good one and it is often asked. The guiding principle here is that you must answer every question on an enlistment application, and you must be totally truthful when you answer. It's that simple. It is legal for them to ask whether you have had a legal action expunged from your record. If you eventually get into a field requiring a security clearance, that information will be sought and obtained. Absolute truthfulness is required. You do NOT want to be in the position one day of having to explain to someone why you thought the better course of action was to lie or hide some fact about yourself from the service. You'll be on the losing end of that argument.
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