Expert: Cynthia Bedell - 8/18/2007

Question
QUESTION: Hello Col Bedell,

I am currently a rising senior, who is very interested in becoming an army officer.  I am very competitive, and am also applying to the United States Military Academy.  About 3 years ago when I was 15, I "received stolen property" from a neighborhood kid who took a bmw hood ornament from a vehicle.  He basically handed it to me one day when he said that he was moving the following day and was tossing it in the garbage anyways.  I took it, and about 2 days later returned this item to the military police.  They so-called charged me for "possessing stolen property" and tried giving me 50 hours of community service.  The joke was on them because I got them to reduce it to 10 when I wrote to the base commander.  STILL, I know they kept a file on me about that incident because I called the law and order office and they requested my name, and they said they pulled out my record.  I couldn't believe it.  He said that they destroy the juvenile records every 3 years, but one copy is somewhere in the states.  (I have no idea where) I have discovered a process called expungement and sealed records.  That is the only option I have left I think...  My father told me that I should put "no" to my rotc application about this Juvenile fuss I got involved in because of its insignificance, and his feeling that it would never be detected.  I'm not so sure about the service academy though.  They do a basic Confidential Security Check from what I heard, and I'm not sure if that asks for a juvenile record.  My ROTC scholarship application does not say anywhere about "expunged or sealed records" so I'm think I should treat it the same.  Can you help me?  I'm also the mayor of my community and am on NHS, and am also an Eagle Scout.  HIghly moral ethical, yet It'll kill me if I have to live with something I feel I shouldn't of had even been charged with.

ANSWER: Dear Richard --

I recommend answering the questions honestly.  So if you are asked did you do something in the past so many years, and you did, say yes.  If it is a disqualifying activity, and you did it long in your past, you can submit a waiver to show why you are more mature and would never do such a thing again.  If it happened outside the timeframe in question, then say no.

If the question asks if you were convicted of a crime, I believe your answer could be no.  You never went before a juvenile court judge, you were just assigned community service hours by the military police.  Therefor you were never convicted, only charged.  

At worst you were guilty of a misdemeanor since the BMW hood ornament is of small value and you did no damage to the car yourself.  But again you were charged but not convicted.

It would be great if you can get your record expunged, because then you can confidently say no to all the felony/misdemeanor conviction questions.  But it is far worse to say no, and then have the enlistment or scholarship verification team locate your juvenile record, and ask why you lied on your application.  If there is a record still out there to be found, assume the background check team will find it.

If you have details of the questions you must answer, and of when your misbehavior occurred, I would be happy to review your response for you.

Good luck to you.


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

QUESTION: Col,

The JAG officer notified me that an expunged record is destroyed as if it never happened.  Does this mean that I'm free to claim "no" on federal documents?  Also, would that be considered as a misdeamor?  I thought it would have been more of an infraction since it was "citation of stolen property"

Answer
Richard --

If your record is expunged, you have no record of any crime, and can answer "no" to any questions concerning "charges or convictions."  

Stolen property usually has to be worth $2000 or more before it is considered a felony.  No matter what they called it, unless they convicted you of damaging the BMW, all your action was is a misdemeanor.

Good luck to you getting your record expunged.