Expert: MARK A. HOWELL - 7/15/2009

Question
Salutations.  I recently was talking to a recruiter about joining the National Guard, and all was well until I told him that I had 2 misdemeanor theft and another misdemeanor charge that I'm not quite sure of from 2002.  He wasn't able to tell me for certain whether or not getting those expunged would allow me to enlist.  He told me at the moment they were not allowed to accept moral waivers due to the increased interest in the service.  (In more or less words)

I know getting these expunged is a good idea anyway, but after going through all the trouble, and spending all the money, is having my record expunged going to allow me to join the service?  Still seems slightly unfair, it was more than 7 years ago, and I haven't had so much as a speeding ticket since.  But I suppose that's just how things work.  Was my fault for being dumb in the first place.

I appreciate your time, and any advice you might be able to give me.  Thanks!

Answer
Vox,
Don't worry, we were all young and dumb once.  The military understands that and won't hold it against you unless you were in very serious trouble.

Expungement is a different animal.  If you can successfully get your record expunged, then you will have a chance because basically your record is wiped clean.  There are some attorneys who specialize in getting records sealed or expunged.  They may be somewhat expensive but it's usually worth the price because they know the process and have experience with what works, etc.

Different Branches of the Services differ in what they are willing to waiver, although they all have the same initial qualification requirements.  According to Army regulations you must admit to the Recruiter that you have an expunged record.  The Recruiter personally doesn't really care about the details.  The Army WILL accept a person with an expunged record if you apply for and receive a waiver.  The recruiter will help you through the waiver process and submit it for you.

With an expunged record, it cannot be seen by anybody except a federal government agency, so it will not come up on a regular police and court records check.  But guess who does background checks for the military...the FBI, a federal government agency.

So it's important you admit to it now and obtain a waiver.  It won't hurt your chances and it will even give you bonus points for being honest.

Your recruiter is right about them not accepting waivers right now.  It's close to the end of the military's fiscal year and they've met their quota for 2009.  So what you should do is go back and see him on October 1st 2009.  That's when the military releases the new quotas for 2010.  That way he'll be more willing to work with you because at that point he won't have anybody signed up so he'll bend over backwards to help you process a waiver.

Misdemeanors are quite often waived, it's felony convictions that cause people trouble.
I think you'll have a good chance.
Good luck,
Colonel H

PS.  Sorry for taking so long to answer but my computer has been in the shop for repairs.