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Old 10-20-2018, 07:23 PM
 
Location: San Antonio
3,182 posts, read 9,221,015 times
Reputation: 4716

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Quote:
Originally Posted by PP2018 View Post
My son applied for officer candidate school in the air guard and was not admitted with revealing an expungement for unlawful arrest for DUI. He was not drinking, blew 0.000 and indicated he had amoxicilin prescription, which was written as a controlled substance in the arrest. Five years and $5000 later he applies to the military and is rejected over a farce of an arrest.
Office candidate school is INCREDIBLY selective. Often, those with no arrests are turned away.

I'm not sure what "was not admitted with revealing an expungement" means?

Are you saying he told his recruiter he had never been arrested, because he had an expunged arrest record? If so, then yes, of course he was rejected... because he lied about having been arrested.

If you're saying he was upfront and honest about a DUI arrest that was expunged, then I'm not sure why he couldn't get a waiver. Waivers aren't often given for legit DUIs, but with arrest and court records that show he had no alcohol in his system I would expect he could have gotten a waiver. I'd try another branch or another recruiter. The Air Force would give a waiver for him for this for enlistment, most likely, without seeing the court records I can't be totally sure. For Air Force officer programs, it would depend on GPA, his major, and if he was willing to be a pilot. If he isn't competitive, they might not take his application even without an arrest.

Maybe he got a waiver, but the selection board just didn't select him?

Many people don't get selected, even with perfect histories. Very sorry if this was the case. He can try again or try different branches.
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Old 10-21-2018, 04:30 PM
 
3 posts, read 331 times
Reputation: 15
Quote:
Originally Posted by Poncho_NM View Post
And what is your point? Your son may not have been qualified to begin with. Everyone who applies is not accepted.
My point is his arrest was thrown out. It was unlawful. Yet, it has dogged him for 5 years. I know very well everyone does not get into the military. However, all of us have been involved in something when we were young that we look back and think how stupid we were. Wrong place at the wrong time kind of thing.
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Old 10-21-2018, 04:32 PM
 
3 posts, read 331 times
Reputation: 15
He did not lie. He explained what happened to his recruiter.
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Old 10-22-2018, 07:06 AM
 
645 posts, read 339,418 times
Reputation: 752
Quote:
Originally Posted by PP2018 View Post
My son applied for officer candidate school in the air guard and was not admitted with revealing an expungement for unlawful arrest for DUI. He was not drinking, blew 0.000 and indicated he had amoxicilin prescription, which was written as a controlled substance in the arrest. Five years and $5000 later he applies to the military and is rejected over a farce of an arrest.
I sense were not getting the whole story. Who gets arrested for blowing an alcohol of zero?
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Old 10-22-2018, 07:34 AM
 
9,345 posts, read 15,780,146 times
Reputation: 17142
I would like to read the arrest report.
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Old 10-24-2018, 02:17 PM
 
Location: Newport Beach, California
31,385 posts, read 18,420,530 times
Reputation: 12142
Quote:
Originally Posted by jordan90 View Post
I'm currently a 26 year old graduated with my Doctorate in Pharmacy. I have been speaking with a army recruiter recently and he is starting to get my paperwork started for officer commissioning. However, I had a small misdemeanor 2 years ago with the local SEPTA police in Philadelphia. My phone fell down on the train tracks and I went and got it. Septa police charged with me with a trespassing for my action, but I had my records expunged.

My questions is how exactly will this affect my selection process? I full understand the consequences of my action and know I shouldn't have done that. Im scared that the army might see this as bad and not consider me. In my defense I didn't know that what I did was illegal and had such big consequences. I was just trying to save myself the cost of replacing an Iphone.
I think honesty is always the best policy in your case.

I know this to be true, "expunged" does not mean physically destroyed, it just means extracted and isolated. Military has access to the expunged records. I think it is required to disclose the expunged record when joining the military.

Plus, the good news is that you probably are eligible to obtain a waiver. Think about it, even if your expunged offense is not revealed during the recruiting criminal background check screening process for some reasons, it will most likely come up during a security clearance background check. If you are found to withheld information during your military service, you could be charged under federal law or military law, you might be dishonorably discharged and lose all the benefits.

Be honest about it and you probably will get a waiver.
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Old 10-24-2018, 03:50 PM
 
Location: Texas
6,412 posts, read 2,334,503 times
Reputation: 13753
Quote:
Originally Posted by jordan90 View Post
I'm currently a 26 year old graduated with my Doctorate in Pharmacy. I have been speaking with a army recruiter recently and he is starting to get my paperwork started for officer commissioning. However, I had a small misdemeanor 2 years ago with the local SEPTA police in Philadelphia. My phone fell down on the train tracks and I went and got it. Septa police charged with me with a trespassing for my action, but I had my records expunged. e.
Wow, I can't imagine they would hold that against you. Even getting a speeding ticket is worse than that.

Although I can't name names, I did know of someone with a record who became a member of Naval Special Forces (I think he was a SEAL?). In fact, I think he had a DUI before he turned 18.
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Old 10-25-2018, 03:35 PM
 
1,405 posts, read 2,147,937 times
Reputation: 1418
Quote:
Originally Posted by DrDog View Post
I sense were not getting the whole story. Who gets arrested for blowing an alcohol of zero?
Happens more than you think. I know two different people who got charged by the same Officer and they blew 0.0. The Officer eventually ended up getting fired for false arrests.
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Old Yesterday, 09:57 AM
 
645 posts, read 339,418 times
Reputation: 752
Quote:
Originally Posted by Pyramidsurf View Post
Happens more than you think. I know two different people who got charged by the same Officer and they blew 0.0. The Officer eventually ended up getting fired for false arrests.
You may be right, but 99% chance something else went down.
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Old Yesterday, 04:09 PM
 
Location: East Helena, MT
763 posts, read 478,094 times
Reputation: 2003
You have to put everything on the SF86, they ask if you were ever arrested, not if you were convicted. I had to have a waiver to join the Navy, even though I was found not guilty. Basically a girl lied and accused me of sexual assault. Because I was arrested, I needed the waiver. Even though I was found not guilty by a jury. Even though the so called victim was eventually charged with filing a false police report and perjury. It didn't matter. My recruiter had to get a complete transcript of the trial, and it had to go to a Captain to get approved. I still remember standing in the hallway in MEPS, shaking in my boots because I was so nervous that he would deny my waiver. Once I saw my recruiter come around the corner with a big smile on his face, it felt like a ton of bricks had just lifted off of me.


Later in life, it still comes up. I have a security clearance at work, and I still have to list this, even 20 years later. The records are gone at this point, so when I have my reinvestigation every 5 years, I have to provide a written statement. In Florida, all juvenile arrests that resulted in the charges being dropped, dismissed, or acquitted, are expunged and physically destroyed once the juvenile turns 24 years old and has no other arrest history. So when the investigator tries to find the records, they can't and I have to be interviewed under oath and provide a written statement. Not every state does this, some states keep arrest records for ever, even for juveniles.




And for the comment about a DUI for antibiotics. My father got a DUI because he said he took over the counter cough medicine before he went to work. The charges were eventually dismissed, but his lawyer advised him not to tell the police that you have taken anything, because it is up to the officers discretion, and some will abuse this to get their numbers up.
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