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Background Checks with the military.

Media, PA |

The Military does different background checks, they go much deeper than most people even deeper if i wanted to become a police officer. They do FDLE/NCIC/FBI/NAC/STATE CHECK and i've been told that it would be on the rap sheet. The Department Of Defense (DOD) will some how find away to get into my juvenile expunged record. Should i tell them the truth or just tell them i wasn't arrested for anything? Because they're not giving out waivers for my Possession Charge, or can i tell them i did the ARD program so my case is dismissed?

Attorney Answers 4

Posted

My advice on this question in its many forms is consistent. Answer all questions truthfully. I'm not in agreement with the recommendation to answer a question about whether you were ever arrested with an unresponsive answer that you were never convicted. The obvious follow up question would be something like, "Were you ever arrested but not convicted?" In my humble opinion, expungement does not change the answer to a question about an arrest or the filing of charges. You were arrested and you were charged, but you were not convicted. The accurate truthful answer depends upon the language used in the question. My advice is to answer all questions truthfully, so you don't have to worry about someone figuring something out later. Good luck.

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Posted

If they ask if you were arrested I would answer that I was never convicted. Under PA law even if you were adjudicated delinquent it is not a conviction of a crime. Also, under PA law an expungement nullifies legally the thing expunged as if it never existed.

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Posted

the recruiters will say what was you arrested for and what you do to not be convicted? than they going to have me sign a SF-86 background check that's a security clearance and if they find the record i can face a federal crime 10,000 fee and time in prison. I'm going to take your word because your lawyer i just pray and hope i don't get in trouble because of this.

Posted

I suppose you are filling out an SF 86. If you you ought to read the questions carefully. . The question is have you EVER been charged with an alcohol or drug offense. It is a yes or No. Does not matter if you were arrested expunged etc. You lie on the forms or during the enlistment process it is fraudulent enlistment. If it is fora civilian job you can be debarred for up to 3 years for misrepresentation on the forms......juvenile or not you were charged. You have to answer YES...justify it all you want based on semantics but at the end of the day you need to answer yes

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Posted

You are not eligible to enlist.

Waiverable? Depends, but as you appear to already know, unlikely.

Should you cover up information later discovered you could be charged with a fraudulent enlistment and get kicked out with a conviction on your record, no benefits, and find it very tough getting good jobs downstream.

Starting out military service with a lie is going to catch up with you eventually.

Recommend you come clean, work with recruiter on a waiver, and if it doesn't work out, move on. Military service isn't for everyone.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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