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  1. #1

    Default Cleaning Up Your Record to Join the Military

    would a judge do anything to get rid of prosecutions if you are about to join the military and had gotten into a little trouble before you were about to sign the papers?

  2. #2
    Join Date
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    Default Re: Joining the Military and Cleaning Up Your Record

    You need to identify your state and provide the context. Laws are different in each state. But keep in mind, even with an expungement the military is going to ask about your criminal history, so you can't count on a judge making everything go away. You need to discuss your record with a recruiter.

  3. #3

    Default Re: Cleaning Up Your Record to Join the Military

    the state is north carolina


    i live in the jacksonville area which is a big military town. the current charges i have on me is a drinking ticket which im not so worried about and a misdemeanor larceny which im kinda worried for because of probation and community service which would postpon me going off when im wanting to.

  4. #4
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    Default Re: Cleaning Up Your Record to Join the Military

    would a judge do anything to get rid of prosecutions if you are about to join the military and had gotten into a little trouble before you were about to sign the papers?
    If your sentance is reduced for the purpose of joing the military,
    you will be disqualified from joining the military

    All legal obligations have to be completed (and then some)
    before you can join

    Plus . . . your recruiter can have no influence on the court
    regarding your sentance, if he does you are disqualified from
    joining the military

  5. #5

    Default Re: Cleaning Up Your Record to Join the Military

    thanks

    im getting a lawyer for this and i hope he can help me out on this whole thing

  6. #6
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    Default Re: Cleaning Up Your Record to Join the Military

    I don't know what PJ Weber is talking about, in suggesting that a reduced sentence will disqualify somebody from joining the military. Further, I don't see how a recruiter's reporting to a court that somebody was attempting to enlist would prevent that person from enlisting.

  7. #7
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    Default Re: Cleaning Up Your Record to Join the Military

    Quote Quoting Mr. Knowitall
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    I don't know what PJ Weber is talking about, in suggesting that a reduced sentence will disqualify somebody from joining the military. Further, I don't see how a recruiter's reporting to a court that somebody was attempting to enlist would prevent that person from enlisting.
    Then you should read the relevant DOD directives governing disclosure of information.

    I think he's talking about back in the day when people were given the choice to join the military or go to jail. That is now illegal. If one's charges are dismissed for the intended purpose of getting them into the military, it's disqualifying.

    Recruiters may solicit information from local authorities, but may not share what they learn as a result of collecting information for the purposes of determining eligibility to join a service.

  8. #8
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    Default Re: Cleaning Up Your Record to Join the Military

    I think he's talking about back in the day when people were given the choice to join the military or go to jail. That is now illegal. If one's charges are dismissed for the intended purpose of getting them into the military, it's disqualifying.

    Recruiters may solicit information from local authorities, but may not share what they learn as a result of collecting information for the purposes of determining eligibility to join a service.
    Thank you . . that is the point

    The days of jail or military went the way of the draft

    It still is done . . . but there can be no documentation
    indicating such an agreement, and if the recruit fails to join the
    military for whatever reason there's no recourse

    Recruiters walk the tightrope of legal/illegal, what was commonplace
    ten years ago can now cost a recruiter his career for one infraction of
    the rules

  9. #9
    Join Date
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    Default Re: Cleaning Up Your Record to Join the Military

    Quote Quoting ashman165
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    Then you should read the relevant DOD directives governing disclosure of information.
    Maybe you should as well, before lecturing others to do so.

  10. #10
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    Default Re: Cleaning Up Your Record to Join the Military

    Quote Quoting aaron
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    Maybe you should as well, before lecturing others to do so.
    I have, hence my statement. I'm confused why you're telling me to take my own advice when the information you've posted bears out the positions of PJ and myself.

    I see nothing in there which renders PJ's assertion invalid. My response was claryfing what I took his statement to mean. The link you provided seems to bolster his claim.

    I said, "I think he's talking about back in the day when people were given the choice to join the military or go to jail. That is now illegal. If one's charges are dismissed for the intended purpose of getting them into the military, it's disqualifying." This is, again, fully supported by the relevant services' regulations. But those aren't DOD directives; those are service regulations (which flow from DD directives), which aren't the same as DD directives.

    Of course, each command in its own right can go further to restrict the conduct of its soldiers, sailors and marines. But that's the bare minimum.


    The Army addresses this issue in the Army Recruiting Regulation, Army Regulation 601-210, paragraph 4-8b: "Applicant who, as a condition for any civil conviction or adverse disposition or any other reason through a civil or criminal court, is ordered or subjected to a sentence that implies or imposes enlistment into the Armed Forces of the United States is not eligible for enlistment.."

    The Air Force Recruiting Regulation, AETCI 36-2002, table 1-1, lines 7 and 8, makes an applicant ineligible for enlistment if they are "released from restraint, or civil suit, or charges on the condition of entering military service, if the restraint, civil suit, or criminal charges would be reinstated if the applicant does not enter military service."

    Applicants may not enlist as an alternative to criminal prosecution, indictment, incarceration, parole, probation, or other punitive sentence. They are ineligible for enlistment until the original assigned sentence would have been completed."



    Indeed it can, PJ. If the recruiter in question is in the military, which is becoming rarer and rarer in the services, then it can also cost said recruiter jail time inasmuch as most regulations propounded are punitive in nature and violating them subjects military personnel to trial by courts-martial for violating Article 92 of the UCMJ.

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