Expert: MARK A. HOWELL - 10/19/2009

Question
QUESTION: I am an 18 year old male. About 6 months ago i received a drug paraphernalia ticket and was placed on a three month differed adjudication period, at the end of which the ticket was dismissed. I wish to join the air force. My asvab score was a 90, and I will graduate high school with about 12 college hours as well. Do i have a chance to be granted a waiver and be accepted to the air force? I wish to join this branch because of the community college benefits it entails. Thank you for your time.

ANSWER: Dustin,
Are you from Texas?  I'm just curious since Deferred Adjudication is commonly used in Texas where the jails are overcrowded.

Deferred Adjudication is a kind of probation in which the judgment (the adjudication) is put off (deferred).  If the probation is successfully completed, the case is dismissed.  Deferred Adjudication is NOT a final finding of guilt and it is NOT a conviction.  That does not mean, however, that the records of the arrest, or of the probation itself, disappear when the probation is over.  They are public records, and they will never go away on their own.   You need to file a motion for nondisclosure.  If the motion is granted, the records will be sealed.  Any criminal law attorney will be able to help you with it.  While it’s not as good as an Expunction, which complete erases the arrest from your record, it’s still a good option.  Basically, Motions for Non-Disclosure seal your criminal history in a way that allows the State to keep the record (and therefore knows about it if you are ever rearrested), but is prohibited from disseminating the information to the public.

Even though a successfully completed Deferred Adjudication will ultimately result in charges being dismissed by the criminal court, you must remember that two very important records will remain in existence and can be seen by the general public for the rest of your life.  These two records are:  (1) The ORIGINAL ARREST RECORD which contains the arresting officers notes, reports, photographs, confessions, or any other evidence seized or testimony taken during an arrest; and (2) The RECORD OF THE ACTION OF THE COURT.  This document is usually the order of probation that you signed in order to qualify for Deferred Adjudication.  This paper, with your signature on it, also contains your plea.

Even though Deferred Adjudication is NOT a conviction, employers, banks and lending institutions, insurance companies, schools, school districts, apartment managers, law enforcement agencies, etc. all treat Deferred Adjudication as if it were a conviction.  Even though Deferred Adjudication is not a conviction, and even though his/her charges has been dismissed with a final court disposition stating "NO FINAL CONVICTION" as well as "NO FINDING OF GUILT", the person is usually treated as if he/she had actually been convicted.

Deferred Adjudication is used by the courts to expedite cases, save money, and to keep the prison population down.  All too often attorneys advise their clients to take Deferred Adjudication because it's quick and easy for them and they collect a couple of thousand dollar fee for doing almost no work at all.  It's also a whole lot easier for you if you know you're guilty and don't think you can beat the rap.  All-in-all still probably a wise choice.

Your chance of being granted a waiver is excellent if this is your only legal or medical problem.  If you're sure you want to join, you should probably join now under the Delayed Entry Program (DEP) before something else happens.  That way you can enter the AF right after you graduate.  Those who wait until AFTER they graduate discover they may have a several month wait before actually leaving.  Under the DEP you waiting time is being burnt up while you're still in school.

Your ASVAB score of 90 is great.  The Air Force only requires a 36 on the Armed Services Vocational Aptitude Battery (ASVAB).  Sometimes called an aptitude test, the real reason it's called a "battery" and not a "test" is because it's impossible to pass it or fail it.  It's not a test like you take in school where 70% is passing, etc.  It's just a group of questions arranged together that help an expert determine what kind of work you're most likely qualified for.  The ASVAB is the most widely used aptitude evaluation in the world. It is designed to measure your strengths, weaknesses, and potential for future success.  The ASVAB provides you with career information for various occupations and is an indicator for success.Everybody is good at something, the ASVAB just helps determine what it is you'll probably do best.  Nothing is more miserable than being stuck in a job that you can't do, or hate.  They don't want to make you a cop when you'd really be happier and more productive being a jet engine mechanic.  Your score of 90 just means you do indeed have lots of ability and the Air Force would like to hire you.  If you know what career field you'd like to enter, you'll probably get it.  If you had ended up with a score of 12 or 15, it means you probably have no useful ability other than begging for change on a street corner.

You're right about the AF Community College.  It will help you get an Associate degree in no time.  If you want to pursue a Bachelor's Degree then you also have the American Military University at your disposal.

Since you will have about 12 credit hours when you join, you can enlist at the higher rank of Airman First Class (paygrade E-3) instead of Airman Basic (paygrade E-1), that is a difference in pay of $1399.50 vs. $1649.70 or about $250.00 more per month.

Thanks for wanting to serve in the AF.
Colonel H





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

QUESTION: I am from Texas as you previously asked. There never was an arrest made. Just the confiscation of rolling papers and a ticket issued. Does this change anything? The officer never filled out a report either. I also have two traffic violations, a speeding ticket and a wreck.

Answer
Dustin,
If the court granted you Deferred Adjudication then an arrest HAD to have been made and the officer would be required to fill out a report.  You probably just didn't see it, and that's not unusual.  The cops seldom show it to you.  Sometimes a judge signs the paperwork placing you on Deferred Adjudication and you never even have to appear in court.

You'll be asked to list all violations including the speeding tickets and the wreck.  It shouldn't hurt your chances of getting in, but still you have to list them.

Good guess on the Texas thing, huh?

Colonel H