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I want to join the Airforce. I got a Zero tolerance DUI INFRACTION.

San Diego, CA |

I went with two lawyers .
The First one told me that I had to convert my infraction to misdemeanor to be able to get it expunged and I will probably could get to the military.
The Second one told me that If they ask If I have a criminal record to say no. Because is an infraction is not a misdemeanor and is not going to show up in my background check.
He said that the military only look up for misdemeanors and felonys.

I have 6 months left to get my llicense back. Should I wait the 6 months? or get a lawyer to help me with the infraction getting expunged.

Honestly I don't even know what am I saying and I need an advise.

YES I went to the 10 days DMV hearing but the only thing that I received is : NO NO SORRY YOU ARE A MINOR YOU CAN'T DRIVE SORRY.
I wenttwice in10 days... what should Ido

Attorney Answers 5


  1. Do not worry about expungement. Let the license suspension terminate in 6 months. An infraction is the same thing as a traffic ticket. It does not go on your criminal record. You probably don't need a lawyer for this. But I you want more specific answers or someone to look at th paperwork you have and possibly give a more certain answer, contact an attorney that has free consultations.


  2. The terminology your using for the DUI and how they were resolved may be critical in getting into the Air Force. I'd go back to the attorney who represented you for this and with his knowledge of what exactly the plea bargain was he should be able to give you a straight and simple answer. Otherwise you need to get a copy of the court order from the day you were in court and entered your guilty plea and have a competent criminal defense attorney take a look at it and presumably get some correct answers and accurate information.


  3. As an USAF JAG reserve officer I can tell you a few things. First the Air Force is going to be decreased to the smallest size in it’s history. The Air Force is making tremendous cuts in the force and is by far the most selective of all the military branches. Even if this is an infraction you should get it expunged via a 1203.4a, yes you can expunge infractions. Also be careful about what questions you are asked. If you are asked about more than just misdemeanors and felonies be honest on the application. You do not want to not get selected due to a lie or be caught down the road and be discharged from the USAF for fraudulent enlistment.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  4. The "lawyer" who told you to see if you can get a misdemeanor instead of an infraction should resign as an attorney, immediately.

    Infractions can be expunged, but for military purposes it likely will not make much of a difference as an infraction is not a crime and thus you were never placed on probation.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  5. Up until a few years ago, infractions could not be expunged. However, recent legislation has changed that and now infractions can be expunged. Whom ever the attorney was that advised you to convert the infraction to a misdemeanor was simply not current on the law. That is always unfortunate, but now you know better.

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