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  • Expunged Record

    Hi, I am extremely interested in enlisting and have a question. Five years ago I enlisted in the Marine Corps. Celebrated before boot and got a Misdemeanor DUI. Served my days, paid my fine and went to classes. Had a valid Drivers License ever since. My probation was three years and recruitment office said I would have to wait a year after probation was up. I have a couple tattoos on my forearms and Marine Corps wont take me now. I spoke with Army and they said I need 15 college credits with my GED. (i have GED) I am in the process of getting my record expunged. Will that cause further complications? Im just trying to do the right thing and serve my country and do it now. Any information, advice and/or suggestions would be appreciated. Thank you.

  • #2
    Re: Expunged Record

    Originally posted by Jekyll&Hyde View Post
    Hi, I am extremely interested in enlisting and have a question. Five years ago I enlisted in the Marine Corps. Celebrated before boot and got a Misdemeanor DUI. Served my days, paid my fine and went to classes. Had a valid Drivers License ever since. My probation was three years and recruitment office said I would have to wait a year after probation was up. I have a couple tattoos on my forearms and Marine Corps wont take me now. I spoke with Army and they said I need 15 college credits with my GED. (i have GED) I am in the process of getting my record expunged. Will that cause further complications? Im just trying to do the right thing and serve my country and do it now. Any information, advice and/or suggestions would be appreciated. Thank you.
    Everything I've read here on this forum about the same topic (search DUI and you'll see) says that even if you are able to get it 'expunged', the FBI will still be able to find it when they do your security clearance check. DUI and drugs also seem to big a big no-go lately.

    Good Luck.

    Comment


    • #3
      Re: Expunged Record

      Originally posted by Chris36 View Post
      Everything I've read here on this forum about the same topic (search DUI and you'll see) says that even if you are able to get it 'expunged', the FBI will still be able to find it when they do your security clearance check. DUI and drugs also seem to big a big no-go lately.

      Good Luck.
      Technically speaking, yes it would still effect you and need to be disclosed, but in relaity this is where you really have to know how these systems work. This is not likely to come back on an FBI background check because you are generally not fingerprinted when you get a DUI and in some states, like New Jersey, DUI is only a traffic citation, it is not considered a misdemeanor or a vioaltion of the cirminal code.

      OP, what state was your DUI in?

      Comment


      • #4
        Re: Expunged Record

        Technically speaking, yes it would still effect you and need to be disclosed, but in relaity this is where you really have to know how these systems work. This is not likely to come back on an FBI background check because you are generally not fingerprinted when you get a DUI and in some states, like New Jersey, DUI is only a traffic citation, it is not considered a misdemeanor or a vioaltion of the cirminal code.

        OP, what state was your DUI in?

        Comment


        • #5
          Re: Expunged Record

          Hi, Thank you for your responses. My DUI was in California. 5 years ago. I have disclosed this with recruitment and will in the future. My main question was would the enlistment process be easier if my record were expunged or if I just continue leaving it on there?

          Comment


          • #6
            Re: Expunged Record

            It will have to be disclosed so I will say leave it as it is (I believe one of the security (SF) questions are stated as such ""For this item, report information regardless of whether the record in your case has been "sealed" or otherwise stricken from the court record."

            I recently submitted my top secret application via e-qip and that question is stated in that manner.

            Comment


            • #7
              Re: Expunged Record

              Originally posted by fmcityslicker View Post
              It will have to be disclosed so I will say leave it as it is (I believe one of the security (SF) questions are stated as such ""For this item, report information regardless of whether the record in your case has been "sealed" or otherwise stricken from the court record."

              I recently submitted my top secret application via e-qip and that question is stated in that manner.
              To add on to what he is saying, for enlistment purposes if you are disclosing it really wont make any difference if it es expunged or not, but if you have the cash and are concerned it could effect any civliain oppurutities I would say do it. I am not sure on California law, however in most states DUI is a charge that is not eligible for expungment, so be prepared for that to be the answer from your antorney. Also, like city slick is saying above, on top of the enlistment standards there are also security clearance standards. This is a process with seperate forms and seperate guidlines. It should be noted that 90% of jobs only need a secret clerance, and for things like this the security clearnce requirements only require you to disclose the last 7 years. Just FYI. So if this happened 7 years and one day ago, you're good.

              Comment


              • #8
                Re: Expunged Record

                To add on to what he is saying, for enlistment purposes if you are disclosing it really wont make any difference if it is expunged or not, but if you have the cash and are concerned it could effect any civliain oppurutities I would say do it. I am not sure on California law, however in most states DUI is a charge that is not eligible for expungment, so be prepared for that to be the answer from your attorney. Also, like city slick is saying above, on top of the enlistment standards there are also security clearance standards. This is a process with seperate forms and seperate guidlines. It should be noted that 90% of military jobs only need a secret clearance, and for things like this the security clearnce requirements only require you to disclose the last 7 years. Just FYI. So if this happened 7 years and one day ago, you're good.

                Comment


                • #9
                  Re: Expunged Record

                  Originally posted by ParalegalNCO1 View Post
                  I don't "think" im right, I always am right.
                  Yeah...umm...about that....


                  Originally posted by ParalegalNCO1 View Post
                  It should be noted that 90% of military jobs only need a secret clearance, and for things like this the security clearnce requirements only require you to disclose the last 7 years. Just FYI. So if this happened 7 years and one day ago, you're good.
                  I'm reading from the e-qip right now and it asks have you "ever" been convicted of (felony, firearms offense, alcohol or drug offense) whether it is sealed or stricken from the record or not. Then in a seperate question it asks about just the last 7 years. So, either way it has to be listed.
                  Last edited by HR NCO; January 22nd, 2012, 07:53 AM.

                  Comment


                  • #10
                    Re: Expunged Record

                    Originally posted by RSP NCO View Post
                    Yeah...umm...about that....




                    I'm reading from the e-qip right now and it asks have you "ever" been convicted of (felony, firearms offense, alcohol or drug offense) whether it is sealed or stricken from the record or not. Then in a seperate question it asks about just the last 7 years. So, either way it has to be listed.
                    You are correct. Seems there were some changes in the 2008 and on requirements.

                    Comment


                    • #11
                      Re: Expunged Record

                      I cannot believe my eyes on what I just read

                      Comment


                      • #12
                        Re: Expunged Record

                        Originally posted by fmcityslicker View Post
                        I cannot believe my eyes on what I just read
                        The difference between me and others is I admit when I am incorrect. I speak from factual information, and if my facts are wrong then I am wrong. Others want to convince people why their OPINIONS are right.

                        In this particular case that question has not always been worded that way. It just reminds me that I am getting old.

                        Comment


                        • #13
                          Re: Expunged Record

                          Originally posted by ParalegalNCO1 View Post
                          The difference between me and others is I admit when I am incorrect. I speak from factual information, and if my facts are wrong then I am wrong. Others want to convince people why their OPINIONS are right.

                          In this particular case that question has not always been worded that way. It just reminds me that I am getting old.
                          That is what all the regulars and servicemembers try to do when providing advice is to use facts. But your views on federal law enforcement and MPs sounded like opinions to me. All my remarks were based on actual experience in both areas and that is why I was adamant about my views. But that is what healthy debate is about.

                          Also, I did not have to show courtesy or respect when I PMed you in private from the information I received about the CW5 about the former Colonel. If I interpreted information wrongly after I disseminiated, I do make a concerted effort to get the facts right.

                          Like I said, we all are human and I do not think less of anyone who tries to provide insightful advice if their intentions are in the right place (if their facts or opinions are off mark).

                          Like you said, information changes all of the time and that is sometimes the main reason for inaccurate information. I do enjoy reading your posts because I have had learned a lot of information.

                          Comment


                          • #14
                            Re: Expunged Record

                            Originally posted by fmcityslicker View Post
                            your views on federal law enforcement and MPs sounded like opinions to me
                            Views are opinions..I provided facts. "Sounding like opinions to me", is an opinion. Hence, my statement.

                            Comment


                            • #15
                              Re: Expunged Record

                              I am trying to enlist with a DUI on my record and am from CA, I have been going through this enlistment for the past 7 months its a very lengthy process and if your lucky enough to get a recruiter that will even help you thats a plus, recruiters dont have the time to do all the paperwork that is associated with suitability reviews and waivers. FYI my recruiter told me that when we look for jobs it will be very limited, **** it, Cook it, or fix it were the options..lol..also he said not to expect to ever get a rank higher then an E-6, do to security clearence issues. My DUI was over 11 years ago, 10 years is the timeframe that a DUI will fall of your driving record in CA. I was told when I spoke to the interviewer at MEPS that it looked favorable, but not certain, Drugs were a definite disqualifier. Good Luck

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