can i join if...

[justme2]

I am 30yo and about 10years ago I got arrested for aggrivated assault. After several years of diversion it was dismissed. I can get it expunged but an attorney wants $500 to do so. Am I still eligable to join the military? Do I have to have my record expunged first? The attorney said it could take months to do so. Thanks in advance

[SF Hunter]

The Army National Guard currently is not accepting anyone charged or convicted of aggravated assault.

It will not matter if the record is expunged, sealed or dismissed through diversion.

See following link: http://www.nationalguard.com/guard-b...-have-a-felony

[justme2]

Thanks for the info... I will just pay the attorney to expunge my record and then apply to the military... after the expungment there should be no trace of the charge

[SF Hunter]

Even after the expungment, it will most likely still show up when they do the FBI Fingerprint check. At which time you still wont be able to join. I wouldn't waste your 500 if I was you.

+1 That is correct. justme2: You misunderstood me when I said that it would not matter. All of those terms mean nothing with a Federal background check. It will STILL show. Basically, you are NOT eligible to enlist with a felony.

[LRSU_Dog]

Just out of curiosity, where does the current Lautenberg fall into this - and wouldn't that ultimately be the major affect on any action in the military - like I said out of curiosity, I do not know the fine points of all of this, just what the paperwork I sign every year says...

[ParalegalNCO1]

Just out of curiosity, where does the current Lautenberg fall into this - and wouldn't that ultimately be the major affect on any action in the military - like I said out of curiosity, I do not know the fine points of all of this, just what the paperwork I sign every year says...

Good question.

If it was dismissed in any way shape or form AND/OR it was expunged, this person would not be in violation of the Lautenberg Amendment.

Also, you can get charges with aggravated assault inside the relms of domestic violence or outside. In other words, if I beat up Chaplain4me, since I have never had a relationship with this person, I would not be in violation of lautenberg even if convicted of agg assault HOWEVER for civilian purposes I could still have a firearms restriction if it was a felony, but in of itself by law wouldn't prevent military service. It is the service's individual regulations that prevent joining in that scenario.

The purposes of expungments are to restore civil rights. Even if you are already in, and get a Domestic Charge pursuant to AR 600-20 the command can authorize you a reasonable amount of time to seek expungment or pardon.

Personally I hate the Lautenberg Amendamant and the Domestic Violence laws in this country. They are rediculous, and there are way too many frivilous cases.

[ParalegalNCO1]

We are all going to have to agree to disagree on this one.

And my gun ownership post was in a direct answer to lautenberg, which is gun ownership.

[SF Hunter]

Here it is straight from AR 601-210, 8 Feb 2011:

4–12. Court disposition definitions
a. Applicants who have entered a plea of nolo contendere that was accepted by the court despite later processing in
the same case to permit dismissal, expungement, amnesty, pardon, or clemency based on any of the following are
considered to have a conviction:
(1) Absence of later violations.
(2) Evidence of rehabilitation.
(3) Satisfactory completion of a period of probation or parole.
(4) Any other legal appeal that does not change the original finding on its own merit.

[7011USMC]

Bravo not only a silent professional but a peace maker!