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Ely, Counselor at Law
Category: Criminal Law
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3 years ago I got a misdermeanor Possession charge for Marijuana

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3 years ago I got a misdermeanor Possession charge for Marijuana in North Carolina. I am trying to join the Army what can I do to get that removed from my record?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Do you remember if you were convicted, or if not, what was the outcome?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

Yes i was convicted and was held for two weeks with time served

Thank you, S. Were you under 18 at the time?
Customer: replied 3 years ago.

yes I was 17


Thank you, S.

A person can petition the court to expunge certain misdemeanors if they were previously convicted of a felony or misdemeanor other than a traffic violation under state or federal law and they have a conviction misdemeanor and were under age 18 at the time of pleading guilty or being found guilty.

This is to be filed with the Court that oversaw the conviction. The form may be found here.

However, the issue is that while this would expunge the record, the military would still see it because expungement erases the record for most civilian employers, etc, but allows government agencies and authorities to still view it. Ergo, I am afraid it would not be a "complete" erasure, although it would help.

However, one can apply for a waiver that the military generally provides for low-level misdemeanors such as the one you have. It is very likely that with a combination of expungement and the waiver (or either, actually), the military should have no issues with this matter. The waiver process may be requested from the recruiter.

I hope this helps and clarifies. Good luck.

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