Expert: Howard Lorenz - 2/13/2008

Question
QUESTION: My son pled guilty to distribution of marijuana in juvenile court (age 17) in
Colorado.  It is listed as a Class 4 Felony.  He now wants to join the military
(marines 1st choice, army second).  Will this prevent him from enlisting? Would
expungment help?  Can and how could he apply for a waiver?

ANSWER: There are going to be several factors involved here. There is a sligh possibility, but how much time has passed since the felony was committed? The Longer the better...

They have a waiver for morals violations. The general attitude and your sons willingness to do what ever job they give him is key. If he is turned down right away, then he needs to enroll in college and get some education and then try again.... Self Improvement shows change and the military likes to see that.

HW

---------- FOLLOW-UP ----------

QUESTION: It has been six years - he is now 23.  He is in college now and will have
earned 18 credits by June - when he wanted to enlist.

Should he go ahead with expungement?

Is there a process to obtain a waiver?  (would the recruiters know about the
process)?

Answer
Yes you could go with expungement if you wish, it may be benificial to him in some things, but not when it comes to the federal govt. The DoD has full access to expunged records.

The fact that he has 18 college credits and has not been in trouble since??? they may allow for the waiver. I would suggest that he go to the service he plans on entering with all his documents (HS Diploma, College Transcript, Birth Certificate, Social Security Card and drivers license) and give it a shot...

HW