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Juliana
Juliana, Attorney
Category: Legal
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Experience:  23 years of experience; former prosecutor, magistrate, child support attorney
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i am 19 and i have been charged with 3 dwis. i have done every

Customer Question

i am 19 and i have been charged with 3 dwi's. i have done every thing with the army except sign. is there any way i can get these charges expunged so i can still join?
Submitted: 7 years ago.
Category: Legal
Expert:  Juliana replied 7 years ago.
Hello,

In North Carolina, expungement may be available only in the following circumstances:

- A person was convicted of a misdemeanor before attaining the age of 18 years

- A person was convicted of misdemeanor possession of alcohol pursuant to G.S. 18B-302(b)(1) before attaining the age of 21 years

- A case was dismissed or there was a finding of not guilty, including there were multiple offenses within one year ("the I had a bad year" law)

- Charges were filed against the person, but were later dismissed on the basis of identity theft

- Charges were filed against the person, but he/she was pardoned

If you were found guilty of your DWI charges, they can't be expunged.

I'm sorry this is not the answer you were looking for. Good luck to you.

Juliana
Juliana and 6 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
well is there anything i could do so i would still be able to join?
Expert:  Juliana replied 7 years ago.
Hello,

Even if you were able to get your DWIs expunged, you would be required to tell the recruiter of any incidents that resulted in an arrest or in charges being filed. An expunged record doesn't exist, as far as the military is concerned. Failure to reveal these matters on enlistment documents is a felony.

However, some criminal offenses can be waived. The Army divides criminal offenses into four types. Applicants with six or more minor traffic offenses (where the fine was at least $100 for each offense), or three or more minor non-traffic offenses, or two or more misdemeanors, or one or more felonies require a waiver.

Here are some of the offenses that can be waived:

•Minor Traffic Offenses. Anyone who has six or more minor traffic offenses, where the fine was $100 or more per offense requires a waiver.

•Minor Non-Traffic Offenses. Anyone who has three or more civil convictions or other adverse dispositions for minor non-traffic offenses requires a waiver.

•Misdemeanor Offenses. Those with two, three, or four, civil convictions or other adverse dispositions for what the Army considers to be a misdemeanor offense require a waiver. Waivers are not authorized for individuals with more than four civil convictions or other adverse dispositions for misdemeanor offenses.

•Combinations. Those who have received three or more civil convictions or other adverse dispositions for a combination of misdemeanor or minor non-traffic offenses require a waiver.

•DWI/DUI. Two or more convictions or other adverse dispositions for DWI/DUI requires a waiver. There is a special waiting time of 12 months from date of conviction before one may receive a waiver for DWI/DUI.

•Felony. Any conviction or adverse disposition for what the Army considers a felony requires a waiver.

See this website for further information on the above: http://www.army.com/resources/item/2150

Good luck!

Juliana

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