Expert: MARK A. HOWELL - 2/25/2009

Question
QUESTION: My husband, who used to be in the airforce 4 years ago, is trying to get into the air national guard.  A few months ago he was arrested for "battery, no weapon, no substantial bodily harm".  Theres a possibility that the DA might drop the charges though. 1-If he ends up being convicted of this misdemeanor, can he still enlist? 2-Is he able to enlist with a pending charge?

ANSWER: Brooke,
No on both questions.
Sorry, but one of the first things they'll do is fingerprint him and run a background check.  His arrest, convicted or not will be reason for disqualification.  He can talk to a recruiter anyway and see how badly they want people right now, but I don't think he'll have much luck.  It never hurts to ask.
Colonel H

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

QUESTION: In regards to my previos question, there are more details to his situation.  My husband is planning on be upfront with them and letting them know what is going on, but currently, my husband does not have another court date set up, he only had his arrainment, which is when the DA said he might drop his case.  The lawyer told my husband that he currently has no charges against him,and says that we do not want to press the issue with the DA not quite sure how that works out. Does this change anything? The position that my husband is applying for is in dyer need of some to fill it, there are actually 4 opens that need to be filled.

Answer
Brooke, I understand your situation, but what happens if he joins and suddenly gets a court date while he's in the middle of his training?  Then all kinds of eyebrows will be raised and questions asked.  I speak from experience.  I was a prime witness to a crime when I joined the Air Force.  The crook's trial came up while I was in Basic Training and I was summoned to appear in court.  The way I was treated you'd have thought I was the bad guy.  His arrest is on the books, whether or not it was resolved, and that will probably keep him out.  He can talk to a recruiter and see what he thinks his chances are, there'll be no harm in that.

Above all, don't let him fill out paperwork improperly by trying to game the system saying it doesn't count because he wasn't yet convicted.  The government will get him for "lying on a Federal form" which is a federal offense meaning prison, not jail.  I've seen it happen to a good friend.

At this point I'll defer to the advice of the recruiter.
I wish your husband luck.
Colonel H