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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was on Oxycodone and Zolpidem and took an old bottle of

Customer Question

I was on Oxycodone and Zolpidem and took an old bottle of Hydrocodone instead. I ended up getting a positive UA stating I had both Hydrocodone and Hydromorphone in my system. I never took Hydromorphone and read that Hydrocodone metabolizes into Hydropmorphone so you can get a false positive. I never got a lawyer or did not sign the paperwork my commander gave me because I knew I did not take a lesser drug when I was on a stronger drug. So I wrote the sworn statement and they had to go through the process of ASAP and CID. CID ran my prints and sent them to the FBI NCIC. I was in the process of getting med boarded when all this went down and I was discharged with an Honorable and was not charged by my chain of command with any wrong doing. CID explained to me that they have nothing to do with the unit and because I waived a lawyer and signed that sworn statement saying I took the drug I was found guilty by CID. I do not know what to do at this point because CID HQ says that I was guilty because I signed the paperwork and so they will not expunge the record. Is that correct?
Submitted: 1 year ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to say that once you signed the statement and waived your attorney, I am afraid that the case is closed and CID is actually correct. In this type of situation there is no way to expunge or remove the record now, because you admitted to taking the drugs and legally they must report it as such and cannot remove it from your records. This is why we tell many customers to this site all of the time to get a private or JAG attorney immediately before they make any such decisions as you made. Once a person makes such a decision they are legally stuck with the outcome of their decision and it cannot change.

Customer: replied 1 year ago.
That is he same response from another lawyer on this site I had. I guess the question was if I was convicted of a crime?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you did not go to a courtmartial and were not convicted in a courtmartial, you were not convicted of a criminal offense.

Customer: replied 1 year ago.
I guess I was not sure how to go about this cause the last lawyer I talked to was telling me something different from your website. So, on applications do I write I was arrested but not convicted?
Expert:  Law Educator, Esq. replied 1 year ago.

You do not have to disclose arrests unless they ask specifically for arrests. If they are asking for convictions only and you were not convicted in a court martial, you do not have to report it as a conviction.

Customer: replied 1 year ago.
Sorry for all these questions. I'm still getting conflicting information because they are saying I was found guilty when I signed the paperwork and army regardless of the outcome has to go through with the admin sep and ASAP counseling. The CID Agent is telling me because I signed saying I did use it "illegally" regardless of the circumstance I was found guilty by CID regardless of what my chain of command did which was nothing.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It depends on what the paperwork you signed states. If the paperwork you signed was a plea agreement form, yes, you were convicted and there is nothing you can do about it. If all you signed was a confession admitting to the charges and you were discharged, then you were not convicted. So it depends on what your wording of the form you signed states.

Customer: replied 1 year ago.
Am I getting charged for every question? How many minutes do I get to speak with you for the $52.00?
Expert:  Law Educator, Esq. replied 1 year ago.

You are not being charged anything but a deposit at this point, you are not charged until you leave positive feedback for the expert as the expert is not an employee of this site and gets nothing until you leave positive feedback.

The phone call option gets you up to 15 minutes of phone time if you would like that.

You need to know though exactly what you signed with CID, whether it was a plea agreement or simply a statement confessing to the offense.

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