Legal Question in Military Law in Texas

I am a 24 year old male interested in leaving my career to pursue Army OCS. I have a minor blemish on my record as I got a DUI at 18, which was expunged in the state of texas when I turned 21. According to Texas all the information is sealed, and I was not arrested, so I am wondering if I am obligated to disclose this to the military. I am not trying to be dishonest, just want to know my legal rights as well as have the best shot at being accepted. I told the recruiter this, and he insisted I keep it quiet as they would not find out but I do not want it to come back and bite me.


Asked on 1/13/10, 7:56 am

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, you need to remember that recruiters are there to bring people into the military. The more recruiters bring into the military, the better that specific recruiter's evals will be.

As for the DUI at 18, you state two completely different items. First, you state that the crime was "expunged." Second, you state that "all the information is sealed." Expunction is a complete removal from the criminal databases. Non-Disclosure is a sealing of a criminal record.

There are specifc requirements under Chapter 55 of Texas Code of Criminal Procedure for expunction. Additionally, there are specific requirements for Non-Disclosure under the Texas Government Code.

You may want to consider doing a bit of background work yourself to see if there is any record out there before determining whether or not to disclose such information.

If my law firm can assist you with this legal issue or any other legal matter, please contact us [email protected] to arrange for an initial consultation.

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Answered on 1/20/10, 7:06 am


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