Expert: Jason Grabill - 1/25/2010

Question
Hello,
I am 29, and I have decided to change my life and become an officer in the military, hopefully.  I have a Bachelor of Science in Economics, and Masters in Business Admin. So I qualify there. The only blemishes I have on my record are these. When I was 18 PA had a zero tolerance law and so I recieved a DUI, blew a .021, while the adult limit at the time was .l, very unfair. This DUI was expunged a long time ago, more than ten years.So I believe it does not show on my record at least it has never shown up since I have never mentioned it on any applications without any problems. The second, a DUI after college, age 21, blew a .11 completed the intermediate punishment program because I had no priors, and completed alcohol rehab classes and saw counselors. It has almost been 10 years at which point it leaves my record. I do not drink at all today and have not for at least 6 years. I do not enjoy it, and I do not engage in it.  The third is what worries me, I was with my old roommate in the car, whom I kicked out of my house after this incendent. On my lunch break from work I picked him up to give him a ride home. I was pulled over for minor speeding. The police officer recgonizd him for prior offenses, and so ran both our licenses, I had no worries as I though it would all be fine.  Little did I know he tossed a bag in the back of my car, which had prescription medications in it, and a very small dose of heroin in it. Lucky for my he also had a Capius our for him, the police officer searched my car and naturally found these items. Since I was the driver, I was attempted to be charged with posession of only the heroin, and the rest was dropped thanks to my lawyer. I enrolled through the courts in a Drug Counseling program, as It offered the option to have the charges dismissed, even though i did not ever use drugs myself, and completed it sucessfully where I was required to meet with counselors, had attend 12 groups and give urine screens once each week. Upon completion after 9 months. The Judge Congratulated me, graduated me, and dismissed all charges.  Although on my record I am told a a note remains that states I had pending charges of this narcotic offense, and it was dismissed. According to the state of Delaware, I was told I had to wait 3 years to have it expunged. I desperately wanted to be an air force officer, but the DUI alone scratches that, unless the ten year rule applies and I wait until it is too old to be on my record. My next choices are the NAVY and the ARMY. Do you think I can obtain a career as a officer given my background? I was told by recruiters I spoke to that I may have a shot in the army, and they didnt have enough knowledge about the NAVY to answer my questions. What is your opinion. Can I get a waiver from the court to seal the records if I petition them or something. What options do I have. I don't think I am a criminal type that deserves to not have the opportunity to serve my country, Please let me know some advice.

Answer
Dean:

 I would contact the army at this point.   While you do have a record to speak of, it sounds to me like it's not as serious as it might appear at first glance.   With an MBA, you would likely be a desirable candidate.    One word of advice, and that's to go personally to the recruiters, after printing out your question (you are going to have to get even more detailed than you've done here) for reference.   Certainly check out the army's website (look for 'officer recruiting') prior to going, but I would encourage you to go.  The absolute worst that could happen is they tell you 'no'....but I don't think they will.  

 Worth looking into for sure.  FYI, the difference between yourself and someone else with the IDENTICAL issues is the degrees.   Most folks asking these questions don't have an MBA.   

Jason