Expert: Rod Powers - 9/21/2009

Question
Hello Mr. Powers,

Been reading your write-ups for a long time and thank you for your dedication to all of your readers.  I have a question regarding OCS and an expunged arrest record.

First, I'd like to tell you a bit about myself.  I'm 25, hold a Master's in Business Administration, am teaching myself Arabic and currently live modestly in a home I own and work as a Systems Admin at a data center.  I do not currently hold a clearance.  I have good credit (though not perfect - mortgages and student loans do that!), no debt outside of the house and minimal amounts of student loans.

I feel like I'd be a "shoe-in" for a slot at Officer Candidate School for Army or the Navy.  Which brings me to my concern.  Last year I was arrested for "Offensive Touching of a Police Officer."  Sounds worse than it is; an example of this would be the equivalent of poking someone.  Long story short, the whole thing was Expunged.  It has been wiped off the records at the FBI and the State Police (I have personally run checks on myself to confirm this).  However, the forms say I should list an expunged record.

This worries me to no end.  I feel like my applications would be tossed into the "B" pile immediately; even though the charges were wiped off the public record.  At the same time, I am concerned that if I don't list the charges, and they somehow were to resurface I could be stripped of rank or worse.

What would you advise to someone in this scenario?  I stress that I've gone 24 years without any problems with the law, and plan on not having problems with it again - is my desirability greatly diminished by this?

Thanks for your assistance,

Tom

Answer
Hi Tom,

In the military, there's no such thing as an "expunged" record.

You will likely require a "moral record" (see my article at: http://usmilitary.about.com/od/joiningthemilitary/a/moralwaivers.htm

You would have to get an approved waiver, before being allowed to process for a commission. However, if the waiver is approved, the selection board will not know that you have a waiver, so you would have an even chance with the other applicants.

For more information about the US Military, feel free to visit my US Military Information website at http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com