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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23541
Experience:  Active member of the NYS bar since 1989
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I'm a civilian filling out a questionnaire to get beach access

Customer Question

I'm a civilian filling out a questionnaire to get beach access for recreation purposes onto a military base and there's a question asking "have you ever been convicted of a felony?" If I have an expunged felony can I answer "no" or because it's the military are the rules different. Keep in mind I'm not trying to join for service or anything but there is a clause at the end of the document that states lying may lead up to 5 years in prison.
Submitted: 7 months ago.
Category: Legal
Expert:  Zoey, JD replied 7 months ago.
Hello, What is the exact wording of the question on the application?
Customer: replied 7 months ago.
Full Form attached. I downloaded the form via the following link: http://pmrf.greatlifehawaii.com/programs/b7aca4c8-bdee-4462-bff0-34ee7970d868
The expungement was over 10 years ago FYI.
Thanks
Expert:  Zoey, JD replied 7 months ago.
Thanks for the reply. Let me look over what it says and I'll get right back to you.
Customer: replied 7 months ago.
Since this is only for potential beach access (so I can go surfing occasionally) I'm basically looking for your opinion on if I answer no to the felony question 1. what is the likelihood of that expungement coming up (are they doing a local background check- I'm in Hawaii but my felony was on Kansas 13 years ago or will they be doing a Federal one?) and 2. if the expungement did come up would they prosecute me or just reject the application. Obviously not worth going to jail or getting into trouble for a form regarding beach access to go surfing :)
From what I understand (with an expungement) I can answer no legally to that question for job applications and things like that but what I don't know is with this form being military (but not to join or anything "real-serious").
Expert:  Zoey, JD replied 7 months ago.
I wanted to see the form because usually, the form doesn't just ask whether you've ever been convicted of a felony. It tells you specifically to disclose juvenile matters, diversion dispositions, deferred adjudications, expungements and so forth. This one offers no guidelines. Under such circumstances, the general rule is that when in doubt, disclose. Check off yes, and then make a notation saying "Expunged, 2006" (or whatever date it was expunged). If this were anything other than a government application, you could check no. But you can't count on anything along these lines ever being hidden from the government. The whole truth is best. They will be using the FBI data base and when they find your inaccuracy they will deny your application. They would probably not prosecute you since legally, you have the right after an expungement to deny your conviction under most circumstances.