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Careers: Military--Army, Navy, Airforce, Marines, Coast Guard/set aside; criminal record
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Question
hello, when I was a juvenile,I plead guilty to a felony.
I spoke to a lawyer who has told me that he can have my record SET ASIDE. Will this allow me to join the military and obtain a career with a security clearance?
Hi Versie,
Terms such as "set aside," or "expunged" have no meaning when it comes to eligibility to join the U.S. Military, or to obtain a security clearance.
When applying to join the U.S. Military, one is required (by law) to list any offense(s) in which one was arrested or convicted, regardless of subsequent outcome of the offense.
When it comes to eligibility to join the Military, or eligibility for security clearance, the officials are more concerned with whether or not available evidence indicates that the individual actually committed the offense, than what some judge may decide in mitigation at a later time.
That doesn't mean that a waiver wouldn't be considered for enlisting in the Military. It depends on several factors, including exactly what the offense was, the circumstances surrounding the offense, how long ago the offense was committed, the age you committed the offense, and what your criminal record has been since the offense. Having the offense "set aside" through subsequent legal action, most likely won't have any bearing.
In short, you're not going to get out of needing a "felony waiver," for a previous conviction, just because the offense is later "set aside" or "expunged."
Right now, in my experience, the best chance of receiving a "felony waiver" is for enlistment in the military is the Army, followed by the Navy, followed by the Marine Corps, followed by the Coast Guard, followed by the Air Force (actually, the Coast Guard and Air Force are kind of "tied," as neither services approve very many previous felony arrests or conviction).
For more information about the United States Military, feel free to visit my U.S. Military Information site at: http://usmilitary.about.com
Hope this helps!
Rod Powers
http://usmilitary.about.com
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Answers by Expert:
Rod Powers
Expertise
Rod Powers is considered one of the premire experts about U.S. Military career information on the planet. He has more than 30,000 articles about U.S. Military career information on the About.com U.S. Military Careers Information website at: http://usmilitary.about.com. Additionally, he is the author of "ASVAB for Dummies," "ASVAB AFQT for Dummies," (available in Dec 2009), and "Veteran Benefits for Dummies," all published by Wiley Publishing. He is also the author of "Barrons' Guide to Officer Candidate School Tests," published by Barron's Educational Series.
Experience
Rod Powers is a retired Air Force first sergeant, with 23 years of active duty service, 11 of those years as an Air Force First Sergeant. He has helped thousands of military members, recruits, and military applicants since he took over the About.com U.S Military Careers Information site in 1999. He has a reputation for "telling it like it is," so questions may not be answered based on "what you want to hear," but will be answered based of the bast available information, concerning the service/situation.
Education/Credentials
Rod is a distinguished graduate of the Air Force Noncommissioned Officers Academy, the Air Force Senior Noncommissioned Officer Academy, and the Air Force First Sergeant Academy. He also holds an Associates Degree in Personnel Administration from the Community College of the Air Force (CCAF).
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