Expert: Cynthia Bedell - 8/9/2008

Question
Ma'am,
I am an E4, who last year reenlisted for 6 years.  I did this because of a bonus being offered.  I was also told that the ARNG would get my criminal record expunged if I resigned.  (I have a rocky past, but have now been drug free for over 3 years.)

Last fall, I was asked about volunteering for a deployment (with our headquarters unit, not the unit I was with at the time).  I explained that when our unit was deployed to Iraq I couldn't go due to my extensive criminal history (I have been convicted of 2 felonies and 8 misdemeanors).  They asked if they could get my record taken care of, would I go.  Of course, I said yes, opportunities like that don't come around often.  I transferred units and deployed.  

On my iPerms (AKO), it shows "No Criminal Record Found".  The problem is, when my wife checked through the court house, they still show a criminal record that is over 10 pages long!  

I have no idea how they managed to deploy me.  I surely have no idea how they managed to get a criminal report with my name on it, that says I have no record.  I was under the full understanding that all of the charges had been taken care of by the ARMY (which is what was promised to me).

What do I do?  I would have never volunteered to go overseas, had I not been told my past would be wiped clean.  For that matter, I wouldn't have resigned for another 6 years either.

What will this do to my military career?  Do I say anything?  If so, who do I go to?  Will they discharge me, or who does this fall on?  What kind of discharge would I receive and would I have to pay back the bonus?  

I thought this deployment would be good for me (having a clean slate when I got home) and my family (we're planning on using the bonus for a down payment on a house when I get back), but it doesn't seem like the ARMY has upheld their end.

Please help me.
SPC. Watts

Answer
Dear Ben --

The Army cannot clear your criminal record, unless it is a military record.  The Army can waiver your civilian criminal record to enlist you, which appears to be what they have done.

If you notified them about your existing record, your enlistment is not fraudulent.  However, you will not be able to get a security clearance for about 10 years, due to your criminal record.  That means the military occupational specialties (MOS) you can have, and the promotions you can get are limited.

However, if you have a good military record, and keep it up.  You can apply personally to have your criminal record either sealed or expunged.  In either case, it is likely that security clearance investigators, and others will be able to find old records of court appearances.  People will still be able to find out you had a criminal record.

If you get an honorable discharge, and it so states on your DD form 214 (discharge and service record), that will go a long way to proving that your criminal past is indeed in your past.  You will be eligible for your bonuses, and you will be eligible for Veteran's benefits, such as a low down payment on an insured mortgage.

Keep doing a good job, and when you return, take proof of your superior service to the court where your records exist and apply to have your record expunged.  That will go a long way to safe guarding your future.

Good luck to you and your family.  Please write back, if you have other questions, or if different issues arise.