Criminal Record

[Flying Low]

FYI nothing is sealed ....

They gave me a list of people who still had access to it. national security, certain federal agencies, etc.

 

[Hair Warrior]

No its not. I just had some not guilty records expunged after it was sealed for 10 years. This does vary from state to state on what can be sealed/expuged.

If you are convicted (guilty) of a felony, then it gets expunged, then you get asked by the DoD/IC “have you ever been convicted of a felony?” - the answer to that question is yes.

 

[exNavyOffRec]

They gave me a list of people who still had access to it. national security, certain federal agencies, etc.

pretty much anything that deals with federal gov't, including anyone who get licensed and has to be accountable to Financial Industry Regulatory Authority, so anyone who works for any insurance company and obtains those licenses will have it pop on a check, nothing like a 60 year old guy trying to find a record of when he was arrested when he was 16 who then had it expunged/sealed only to have it show up years later.

 

[Flying Low]

If you are convicted (guilty) of a felony, then it gets expunged, then you get asked by the DoD/IC “have you ever been convicted of a felony?” - the answer to that question is yes.

Yes if you are convicted. But you don't have to be convicted to have it expunged. A not guilty judgment can still be expunged. Additionally not every guilty judgment can be expunged.

So a guy that goes to trial, is found not guilty can have his record sealed/expunged based off of that states guidelines. Now if he was found guilty he might be able to have it expunged depending on the charges and guidelines. For Florida you submit a certificate of eligibility to the FDLE. They review it and determine if you are eligibility to have it sealed/expunged. It must be sealed for 10 years before you can have it expunged.

 

[Hair Warrior]

Copy all. Help me understand: what’s the benefit of having something sealed/expunged? It sounds like a waste of time. What am I missing?

 

[insanebikerboy]

Copy all. Help me understand: what’s the benefit of having something sealed/expunged? It sounds like a waste of time. What am I missing?

Except for certain federal agencies who can access it regardless of being expunged or not, a normal employer cannot see or find out about expungements.

Think of it like this, a normal joe looks at your record and they'd see a big black sharpie marking everything out and you legally don't have to tell them shit about what is blacked out. Certain folks have the decoder ring and can see through it, and those folks mainly deal with security clearances, etc.

 

[insanebikerboy]

I recently fought in court to get a Reckless Driving Misdemeanor removed from my record. My lawyer, in the end, got the misdemeanor "dismissed" and instead I was given 2 driving infractions. I am worried about the meaning of "dismissal" and how this might affect my officer application. Does anyone have any insight on this? Originally, my recruiter told me I would need a waiver if I had a misdemeanor, but now I am uncertain as to where I am right now.

This was my experience in 1999, so times have probably changed. That said, I got in some trouble in high school, after I had turned 18. I got it dismissed, and even had the record expunged. When I originally enlisted I didn't understand what being expunged meant so I told them what happened. No big deal, I have no idea if the recruiter routed a waiver as I never heard anything else about it.

Fast forward to my first security clearance, I seem to recall the paper form of the SF_86 saying report everything regardless of outcome, so I did. Ever since then on my reinvestigations I've always gotten a question about it being on my record and all I've ever said is yup, it's there, and it's never been an issue.

Bottom line, if you're honest about it the DoD will typically work with you. If you try and hide it, they will eventually find out and you'll be in a world of hurt.

 

[exNavyOffRec]

Yes if you are convicted. But you don't have to be convicted to have it expunged. A not guilty judgment can still be expunged. Additionally not every guilty judgment can be expunged.

So a guy that goes to trial, is found not guilty can have his record sealed/expunged based off of that states guidelines. Now if he was found guilty he might be able to have it expunged depending on the charges and guidelines. For Florida you submit a certificate of eligibility to the FDLE. They review it and determine if you are eligibility to have it sealed/expunged. It must be sealed for 10 years before you can have it expunged.

I think my issue really on expunged/sealed is that there are so many judges and attorney's that don't understand who can still see this, we have had several that after the fact who were quite surprised that we found what they did in the past.

I also have an issue with the "ban the box" thing.

I seem to have several issues

 

[SickEmergency]

I recently fought in court to get a Reckless Driving Misdemeanor removed from my record. My lawyer, in the end, got the misdemeanor "dismissed" and instead I was given 2 driving infractions. I am worried about the meaning of "dismissal" and how this might affect my officer application. Does anyone have any insight on this? Originally, my recruiter told me I would need a waiver if I had a misdemeanor, but now I am uncertain as to where I am right now.

Late response but I was selected for OCS even with a DUI charge. Stuff happens, they understand that hopefully. They are looking for a whole person concept. One charge doesn’t define you.

 

[DanMa1156]

Late response but I was selected for OCS even with a DUI charge. Stuff happens, they understand that hopefully. They are looking for a whole person concept. One charge doesn’t define you.

While this may be true as an applicant, do not think this is the case once in the Navy. DUIs are career enders at a minimum in the Navy.

 

[exNavyOffRec]

While this may be true as an applicant, do not think this is the case once in the Navy. DUIs are career enders at a minimum in the Navy.

generally true as an applicant as well, the only people I saw picked up with a DUI were aviation applicants

 

[SickEmergency]

generally true as an applicant as well, the only people I saw picked up with a DUI were aviation applicants

Can a person with a DUI ever get a TS?

 

[HAL Pilot]

Can a person with a DUI ever get a TS?

Depends upon if you buy the investigator an expensive or cheap bottle of booze...

 

[SickEmergency]

Depends upon if you buy the investigator an expensive or cheap bottle of booze...

Helpful haha

 

[insanebikerboy]

While this may be true as an applicant, do not think this is the case once in the Navy. DUIs are career enders at a minimum in the Navy.

Not always true. I personally know a few people who got DUIs and are still in, and have promoted.