Expert: MARK A. HOWELL - 3/25/2009

Question
Mark,

I am 28 years old and I am coming up on the end of my 3rd year in a graduate program in Clinical Psychology. This means I currently have a Masters, and about 1 year of academics before internship and then a Doctoral degree.  I had some legal trouble a few years back, when I was 19 I was charged with a felony forgery.  The charge went to deferred adjudication and so was later dismissed. Will this automatically make me ineligible to join the Air Force?

Thanks

Toby

Answer
Toby,
Short answer is, it's possible.
Since your question is marked "public" and not "private" I'll explain so everyone knows what we're talking about.

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 of guilty or "nolo contendere" (no contest).

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 collects a couple of thousand dollar fee for doing almost no work at all.

So if you have your records sealed, then you can indeed join the military.  With your degree I'm assuming you intend to apply for OTS.  I'd say your chances of becoming an AF officer are good.
You need to hurry though before you're too old.  See your recruiter today!
Best of luck and thanks for wanting to join the military.
Colonel H