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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33092
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm looking for information. I had an other than honorable

Customer Question

I'm looking for information. I had an other than honorable discharge in 1990. I had an FBI fingerprint done a couple weeks ago to get a securities license and now FINRA is asking for documentation. There is a charge on the sheet but no record of a conviction, just the chapter 10 discharge.
JA: Are you overseas or stateside?
Customer: Detroit, MI
JA: Have you talked to anyone in the chain of command about this?
Customer: It was 26 years ago. I'm not sure who to contact
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's all i have :)
Submitted: 3 months ago.
Category: Military Law
Customer: replied 3 months ago.
Here's the pertinent data from the FBI report.1-ARRESTED OR RECEIVED 1990/04/26
AGENCY-USA-CRIME REC CTR BALTIMORE (MDCID0400)
AGENCY CASE-7990CID014
CHARGE 1-WRONGFUL POSS AND DIST OF COCAINE DRUG LAWS
CHARGE 2-UNLAWFUL POSS AND DISTRO OF COCAINE
COURT- ()
CHARGE-WRONGFUL POSS AND DIST OF COCAINE DRUG LAWS
COUNTS TO WHICH DISPOS AND SENTENCES APPLY NOT KNOWN
CHARGE-UNLAWFUL POSS AND DISTRO OF COCAINE
ON 15 JUN 90,
SOLDIER WAS ADMINISTRATIVELY DISCHARGED FROM THE US ARMY IAW AR
635-200,CHAP 10There was no court time. I never saw a judge, and the JAG officer told me the record should have been expunged 7 years afterward. This has never come up before recently and I'm wondering if this will destroy my chance at a securities license and if so how to get this expunged like they promised.
Expert:  P. Simmons replied 3 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 3 months ago.

What you are describing is considered an "administrative separation". It is NOT a criminal resolution (so there is no criminal conviction)

You have, essentially, a charge that was dismissed.

It is not possible to "expunge" this...whomever promised this was mistaken There is no expungmnet available under federal law.

But it is not a conviction...so should have no impact on your licensure.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.