Legal Question in Military Law in Texas

enlistment advice

My son is trying to enlist in the Army. He has completed all requirements but has criminal history. Recruiter says only thing keeping him from being enlisted is a curfew violation that occured when he was 16. How do I get this removed or can we fight it?


Asked on 10/10/07, 4:30 pm

2 Answers from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Re: enlistment advice

Dependent upon what the curfew violation was, I will assume that it was a misdemeanor charge, will determine how to proceed. There is a process to expunge (remove) a criminal record, if certain requriements are met. Also, there is a process to seal criminal records, if certain requirements are met. Both of the possibilities are set forth within Texas Code of Criminal Procedure section 55.01. If my office can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

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Answered on 10/10/07, 4:55 pm
Philip D. Cave Military Law & Justice

Re: enlistment advice

I represent many recruiters accused of "malpractice" in getting recruits. So i've become fairly familiar with the recruiting requirements.

I doubt very seriously that this is the sole reason your son isn't being recruited.

Recruiters get promoted and paid based on "productivity." It's all about numbers -- how many did you get.

Have you had a talk with the recruiter, your son? There are waivers for certain types of "problems." I've seen people enlisted and/or waivered in for worse conduct than a curfew violation.

Sincerely, www.court-martial.com

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Answered on 10/14/07, 12:37 pm


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