Expert: Aaron Shifferly - 5/24/2010

Question
October 2006 I was arrested for theft (larceny, felony) for an unspecified amount of money from a gas station I worked at. When the court indicted me, my lawyer informed me they had also increased the charges against me to fraud AND theft (both felonies) and were claiming I stole 17000 from the store over a period of many months.I didn't do the crime they accused me of, but after paying 10000 in legal expenses to my lawyer, I was broke and I settled the case with the prosecutor. Under the agreement, I initially plead guilty to a class 6 UNDESIGNATED felony, serve 12 months of probation, and was ordered to pay back restitution to the victim of $10,000. At the end of probation, the CLASS 6 BECOMES designated as a class 1 misdemeanor. I was tryin g to join the military back then too, as I STILL am. The only reason I accepted the judgement against me was that I was told by a recruiter then, that as long as it is designated a misdemeanor, I could still get into the military with a waiver, of course. My lawyer said that was his interpretation of the case as well, and I accepted the verdict. Trying to join the ARMY, I got 99 on my ASVAB, went to MEPS already, never done a drug in my life, I do have 4 traffic ticket, I also already have a college degree. I am trying to enlist, rather than go officer, in order to get my foot in the door.

Please tell me how it is that I can make my case to the general who would have to approve my application to get in. The recruiter thought I was fine, with a waiver, his commander did too, but now they are having second thoughts after some of the court paperwork came back.I don't understand why this is. I read the army regulations which state that if the fine is under less than $500 and I was not incarcerated, then I am fine, that a whole person concept is taken into account. I was even cleared by the psychologist at MEPS who I informed of all this.

Answer
Unfortunately all you can do is keep asking for the waiver. Check your things again, go back and make sure that all record of it as a felony was downgraded and then try again.  Sorry, but there's not really a ton that can be done. One good hope is that with the coming of the new fiscal year on 1 October it may reset quotas for waivers and you'll have a better crack at it. Sorry I can't be of more help, but that's really all there is.