Expert: MARK A. HOWELL - 10/18/2010

Question
My son was judicated when 16 for receiving stolen property.
A cell phone someone else had stolen at school he used it to
text a friend. Since he touched it they said it was
receiving stolen property. His paperwork says Class D Felony
"if committed by an adult". (he was not) Also a month later
had a misdemenor for criminal recklessness "if committed by
an adult" This time was a prank with tape across the road.
Since then he has had no issues and was able to have his
record expunged. The court has told him that he is to NOT
mention ANY of this to ANYONE including military because it
is as though it never happened. They say they contacted
every paper trail, etc... and legally he is clear. He is 19
now and trying to get into the military. Really wants
airforce PJ but open to other branches as well. We are
completely confused and scared as to what to do. I've read
things on internet that say he MUST tell but if he does
needs a waiver. And we've heard that waivers are very
unlikely here at this time. On the other hand he doesn't
want to go to prison either!!!
Thank you for your help!

Answer
Robin,
Congratulations on getting his record expunged, that's a wise choice and not easy to accomplish.

Everybody was young and dumb once and the military realizes that.  Very few people have led a flawless life before entering the military.  Therefore you're able to apply for a waiver.  If that's his only flaw then he'll have no problem getting a waiver.

Remember, just because his record is expunged doesn't mean the military won't see it.

According to military regulations you must admit to the Recruiter that you have an expunged record.  The recruiter doesn't need or want all the details.  The AF WILL accept him with an expunged record if he applies for and receives a waiver.  The recruiter will help him through the waiver process and submit it for him.  Be advised, some years the AF does not grant waivers for anything.

His expunged record will not be seen by the public, meaning it will not come up on a regular police and court records check.  Only a federal government agency can view an expunged record.  And guess who handles investigations for the military?  The FBI, a federal government agency.  Although your lawyer may have said at the time that he'll never have to admit to ever having a DUI, that's not true when you're dealing with the FBI.  The general public need never know, but not so with the FBI.

It's not going to hurt him any, so he should simply admit to it when asked by the recruiter.  So the military is not out of the question for him.  He should continue to plan on becoming a PJ.

Pararescue is an excellent choice for a career field.  It requires a lot of training, but it's worth it.  Trainees must attend the following training courses:
the Indoctrination Course (9 weeks in San Antonio, Texas#,  the AF Paramedic Course #22 weeks at Albuquerque, New Mexico#, Pararescue Recovery Specialist Course, #24 weeks at Albuquerque, New Mexico#,   
Paramedic School, AF Combat Diver School #6 weeks at Panama City, Florida#, Army Airborne School #3 weeks at Fort Benning, Georgia#, Army Military Free Fall Parachutist School #5 weeks at Fort Bragg, N.C., AF Basic Survival School (2 1/2 weeks at Spokane, Washington#, and the Navy Underwater Egress Training #1 day at Pensacola Naval Air Station, Florida#, and the Pararescue Apprentice course #in Albuquerque, New Mexico).

To be a PJ he needs to be in great physical condition.  If he is, I envy him.
I appreciate his wanting to join the military in any career field.
Colonel H