Will my Dismissed Disorderly Conduct affect eligibility to join one of the military branches as an officer?

Asked about 1 year ago - Atlanta, GA

I am interested in joining the military as an officer. Army, Navy, Coast Guard, and Air Force are all of interest. This past summer i was arrested in GA for Disorderly Conduct, use of fighting words and unnecessary risk. I went through the pre trial intervention program, completed my hours of Comm Service and had the charges dismissed. I have requested to have it expunged but was told it could take 3 weeks to a year to occur. Will this incident affect my eligibility to join the military with the officer track? Should I wait until it is expunged to apply?

Attorney answers (7)

  1. William Emil Cassara

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . It very well might. And expunging it might not be enough because the questions deal with arrests as well as convictions. A recruiter is the best person to answer your question.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney... more
  2. John Daniel Hafemann

    Contributor Level 12

    4

    Lawyers agree

    Answered . It could. Military recruiters evaluate potential recruits, and waivers are allocated, based on the underlying misconduct charged versus the actual outcome of the case. Unfortunately, in a lot of cases whether or not you are able to enlist may depend on how much effort the recruiter is willing to put forth. Recently, I had 2 clients who I assisted working through similar issues. Give me a call, I would be happy to discuss your options with you. The initial consult is always free. Good luck.

  3. Stephen P. Kelly

    Contributor Level 13

    5

    Lawyers agree

    Answered . It could. Expunging your state criminal record, only means that the most people won't have access to the criminal record. Your state courts, law enforcement, and some other agencies still may. It depends on your state law. Also, arrest records are maintained by the FBI and the military departments will check the FBI data base. Expungement will not affect any information maintained in Federal data bases. Finally, some pre-trial diversion dispositions, even though ultimately dismissed, are nevertheless treated as convictions by Federal agencies. This is especially so, if, as part of the negotiated disposition, you had to admit to sufficient facts.

    DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No... more
  4. Philip Douglas Cave

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . Maybe.
    And an expungement wont matter because officers usually need a security clearance, and the SF86 requires you list arrests and cases expunged and PBJ'd.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more
  5. Kelvin P. Green

    Contributor Level 18

    3

    Lawyers agree

    Answered . You have to disclose to your recruiter and it will be listed on your SF 86. It depends on what else is in your background. You may need a waiver... Depending on what happened and the service

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  6. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes it will interfere.

    Expungment MAY NOT impact the degree of interference in any way. FYI, the background investigation that will be part of your process WILL see the expungment--its doesn't simply melt away.

    See an officer recruiter NOW about what is and is not possible.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  7. James Evan Mackler

    Contributor Level 6

    1

    Lawyer agrees

    Answered . The military is, as you probably know, in the process of drastically reducing the size of the force. It is harder to get in, and harder to stay in. If everything else in your packet is good I do not think that the charges will be the deciding factor. Also, I would not wait to apply. If you are advised by a recruiter that there will be a problem, then wait for the record to be expunged.

    The use of the Internet or this form for communication with the firm or any individual member of the firm does not... more

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