Expunged Record

[Jekyll&Hyde]

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.

[Chris36]

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.

[ParalegalNCO1]

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?

[ParalegalNCO1]

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?

[Jekyll&Hyde]

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?

[Chief Kemosabe]

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.

[ParalegalNCO1]

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.

[ParalegalNCO1]

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.

[HR NCO]

I don't "think" im right, I always am right.

Yeah...umm...about that....

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.

[ParalegalNCO1]

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.

[Chief Kemosabe]

I cannot believe my eyes on what I just read

[ParalegalNCO1]

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.

[Chief Kemosabe]

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.

[ParalegalNCO1]

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.

[Greg8778]

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

[ParalegalNCO1]

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

A single DUI 11 years ago probably isn't going to stop a security clearance assuming that is the ONLY negative thing you have to list. They work off the whole character concept.

[Greg8778]

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.

I should have stated my first post like this, You will have to disclose your DUI information, and let me say that every single piece of info from your DUI's that you can get you will need, Proof of finishing the DUI class, proof of payment of fine, proof you finished probation even if it was summary probation, being that my DUI was 11yrs old this info could have been hard to come by luckily my wife saves everything...lol...You have a 50/50 chance of getting in provided you get a recruiter that will do the leg work, be prepared to wait a while, and make sure your ready to go once you get to the recruiting office, the recruiter isnt going to like to see someone overweight and unwilling to help him out provided he is going to have alot of work ahead of him....just my 2 cents...GOOD LUCK

[RedLeg]

Views are opinions..I provided facts. "Sounding like opinions to me", is an opinion. Hence, my statement.

I'm sorry but you dump a lot of blanket opinions and call them facts. This thread is one of them.

[ParalegalNCO1]

I'm sorry but you dump a lot of blanket opinions and call them facts. This thread is one of them.

No, you just disagree with everything I say for the sake of it.

I clarify lautenberg and restraining orders for enlistment purposes....you state to seek local attorney advice (which is irrelevant and just plain wrong).

I say never give a statement if read your rights....you say that isn't a good idea (it always jams you up..ALWAYS..which is why the Trial Counsel/MP/IO wants you to write one).

I say always appeal an Article 15....you say I have never done Military Justice in in a title 10 enviroment and I am wrong and that you have given article 15's. (whippty doo. I am a freakin Military Justice NCOIC, I think I have that one covered). Not to mention you went as far as trying to correct me on the process and telling me that all of them get a legal review which is just blatantly wrong.

I could go on and on.....

If I can show you something in black and white and you still don't believe it then I am unsure how to overcome ignorance. I deal with it every day with officers who want to be more in charge then the regulations will allow. But its ok, because when they do their own thing and the documents get to me and do actually get a legal review, we just have a superior commander overturn the action. Then CPT Snuffy comes back into my office all huffy and puffy about how we need to "do something" and I look at him and say....Sir, I tried to tell you.

In this particular thread, I was wrong, specifically about the 7 year rule since it has apparantly changed some,..... but it was never an opinion.

[SSG_CONLEY]

1.) In the eyes of the recruiting command, expungement of any offence is still seen as GUILTY. One must be deemed guilty of something to later be granted an expungemnent from it. The same applies to "NO-LO".

2.) Each state is different, in Rhode Island, we still have a GED enlistment waiver in effect. If your home state doesn't accept GED's, look at any nearby state GUARD and inquire about their GED standards.

I hope this was a little helpful.