Expert: Cynthia Bedell - 7/10/2007

Question
QUESTION: I want to be an officer and become a pilot but unfortunately my past has come back and haunt me.  Recruiter asked me if I have been arrested and Yes I have been, possession of "speed", the judge dismissed the case since i took this program, basically it wont even show up on my record.  But the recruiter said it is still a felony and I should try and drop it to a misdemeanor.  BUT how can I drop it into a misdemeanor when it was dismissed and not even on my record anymore?  I have graduated college and ready to take the AFOQT along with a clean record, not to mention the private pilot license I am soon acquiring.  Should I just not say that I have a felony since the judge has dismissed the case?

ANSWER: To adjudicate this situation, get your court record.  You were arrested but never convicted.  Therefor you are not guilty of a felony.  A dismissed case will make that clear.

If getting your court record shows that the court clerk did not file your case properly, then you should request that your record be expunged.  Then there is no record of arrest, and you will not have to discuss the circumstances of your arrest with your recruiter.

Good luck getting your record filed properly, and with your future enlistment.



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

QUESTION: I heard that even though you get your record expunged, you still have to talk about it with your recruiter or else i might get kicked out if i get in.

Answer
If your record is expunged, you have no record.  That should be better than having a felony conviction downgraded to a misdemeanor.  

Many people are arrested who actually did nothing wrong.  An arrest is not proof of guilt or even wrong doing.  Since you were not convicted, and the judge dismissed your case, you were not found guilty of a felony.  This should not disqualify you from enlisting.

You may be limited in the clearance you can get, but as long as you tell the truth on your security clearance application, you should still be able to get a clearance.

All the above advice only applies if you are not using drugs and are no longer trying to distribute drugs.  If you are in anyway involved in the drug trade, then -- yes you can be punished for fraudulent enlistment, if you do enlist under false statements.