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My son was arrested on a felony larceny charge in 2011. The…

My son was arrested on...
My son was arrested on a felony larceny charge in 2011. The charges were dismissed without leave by the Da and his record expunged. He is twenty two now and would like to join the Navy. Is that possible
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12/8/2014
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,869
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question. The only answer that I can give you is maybe it would be possible for him to enlist in the Navy. The reason I say that is because although it is good for him that his charges were dismissed and expunged, it is not absolutely determinative of whether he would be selected as qualified for enlistment. I say that because arrests are still considered when comparing candidates, even if they didn't result in a conviction. It wouldn't matter, for military purposes, that the record has been expunged.As he will see when filling out his application, the form will ask for any and all arrests or convictions regardless of whether they have been expunged.

Normally, arrests and convictions would result in the applicant needing a waiver to enlist. Waivers right now are very hard to come by because of the cut backs in all of the military services (other than the Reserves and the Guard). That said, there is a chance that since his charge was dismissed with prejudice (without leave) and expunged, and assuming he has no other arrests or convictions, the recruit command may not require a waiver.

The decision is a local decision if there is no conviction as to whether a waiver will be required. Another issue that would effect his enlistment would be if he has any special skills or intellectual ability that the Navy is really in need of at the time. With that situation, they are much more likely to take him.

It would be worth his while trying. Please feel free to ask follow up questions if you have them. I would be glad to assist you further if I can.
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,869
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
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Customer reply replied 3 years ago

Thank you.

You're very welcome and best of luck to your son and Happy Holidays!
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