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Can the military see an expunged misdemeanor ticket during a background check?

Fort Worth, TX |

I'm on an Army ROTC scholarship and got a Public Intoxication as a minor (a week before turning 21). If my detachment finds out, I will lose my scholarship and have to pay back about $40,000 for the 3.5 years they've been paying for my school. I've been told I have the option of doing deferred disposition and then getting the incident expunged from my records upon completion of the deferred criteria. If I do this, can they still see a record of the incident during a background check before I commission as an officer? I would hate to lose my future career and that much money because of one bad mistake, but I don't see another option right now.

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Attorney answers 3


I believe that the military will be able to see your NCIC records, which would list the offense for which you were arrested. I appreciate your concern that the military not know about this, but what keeps them from finding out about it now? If you have an attorney you should discuss this with him, and if you don't you need to get one immediately.


They'll be able to see it until such time as it's actually been expunged, and if you're successful with deferred disposition, you should be able to make that happen. The big problem there is that you may have to wait two years on that--you'll only be able to do it earlier if the prosecutor agrees to it, and you probably don't want to count on that happening. You really need to hire an attorney to handle this. It's possible under the circumstances an attorney could get the prosecutor to agree to an outright dismissal with completion of certain conditions (probably an alcohol awareness class and community service). More of a pretrial diversion type disposition. That way, you won't be convicted and won't even have to plead guilty or be on any kind of court-ordered supervision status, and those are the only things that should be able to trigger that scholarship revocation (you need to look very carefully at the specifics on that). For what it's worth, a PI may not show up on a TCIC/NCIC report anyway, but sometimes they do, so you do not want to assume that. Good luck.


They won't be able to see it once it's expunged. Because it's a class C, the two-year waiting period does not apply and you can expunge it as soon as the deferred period ends.

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