Expert: John L - 8/5/2009

Question
QUESTION: Currently im trying to join the army,but last august i got into to trouble and recieved 2 felonies and a misdemeanor, the felonies were both 3rd degree.when i went to court instead of me entering any plea the prosecutor offered me pre trial intervention, in which i never plead guilty or not guilty.when i took the deal they told me i would still be able to join the military though. the deal consisted of about 4 months of probation and some fees,and when i finished all that the charges would be dismissed,nolle prosequi. i am not currently on any thing any more and have received my dismissal of all charges.the thing is that when i got off the probation immediately after getting off, like three days later i went to the recruiter and tried to join.i took the asvat and got an 85,but when the recruiter picked me up he said my charges were still there and under the disposition it said pre-trial diversion. i then explained a few days later that my probation officer told me i had went to quick and that she hasnt even filed the paper work to any other government agency's. the recruiter was then telling me that army law still says im guilty because i took the deal, and i should come back around the end of august and he could run my prints again.the final disposition is a dismissal of all charges.before i go back to the recruiter i would like to get an idea of what im up against. i am eligible for an expungment but i would prefer to have no blemishes on my record because before any one saw my record i was offered to  go in as intelligence, and offered a special forces contract, which i would probably have to have SECRET clearance for. Im 25 yrs old and half way through my A.A degree and extremely physically fit and healthy so i would have no other problems. if i haven't covered something u would need to know please ask and i will follow up.oh, and the charges were drug related but no trafficking or anything that serious.thank you sir in advance, michael

ANSWER: The felonies make you ineligible for enlistment into any military, ever.  He is right, anything but a nolle prosse or not guilty is considered guilty in the military.

Sorry.

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

QUESTION: i have a nolle prosse. for all the charges.he said something about WHY they gave me the nolle prosse, he needs a reason for it he said.but yes, i did recieve a nolle prosse for everything so thats not good enough???

Answer
As long as there was no deferrment, like you went to classes or something, you should be fine. All he needs to get are the court case papers, and if they are Nolle prosse with no conditions, then you are good to go to try and join.  keep inmind, medical can disquallify you for the charges even though they were nolle prosse, I have seen it happen.