If I have a record that is COMPLETELY expunged, and I do not admit to it, will the military find out?

Question

I'm talking, not dismissed or sealed, but actually EXPUNGED, where they manually go in and delete the records both from the state and local agencies, but also from the FBI and national agencies.

in my state (Virginia) an expungement means they have the FBI and national agencies also delete it completely, not just the state and local agencies.

This was a stupid crime too btw- my dad chased me with a bat when I had just woken up (my father was abusive) and he cornered me about to swing the bat, so I punched him once to stop him from swinging and then ran past him out of the room, out of the house, to school. no I am not "violent" I'm a good kid, good grades, did sports, etc. this happened at age 17 and was charged as an adult I think. I am 22 now. It was a misdemeanor assault/battery charge.

Anyway, the point is, it was dismissed with prejudice (anger management) and I am thinking about going to get it 100% expunged. I have no other criminal record so I think it would be a good idea.

Also: I KNOW THE MILITARY SAYS TO BE HONEST. But I know for a moral fact that I did nothing wrong. I simply saved my own life. He did this cuz I was 5 mins late for school... and hes now in jail on unrelated violent charges.


MY QUESTIONS TO YOU:

1) What are my chances of getting the expungement?

2) Will the military see if its totally expunged? How?

3) If I simply don't mention the charge after successful expungement, what are the chances it never comes up on their background check?

Answer 1

no such thing as expunged to the Federal government. they WILL see it. and no the FBI does not delete it, regardless of what your state says or you think. all expunged means is that every day civilians cannot access it and it cannot be used against you for NON GOVERNMENT employment or for future legal action against you.



1: it really doesn't matter as far as the military is concerned.

2: 100%

3: zero.



nobody in the military gives a damn about the circumstances behind the charge/conviction. as far as the military is concerned you were convicted of A/B.. and it will NEVER be waived.



if you persist in your delusion that you are doing an honorable thing and you are found out( and you WILL BE) you have just added a felony to your record and that will negate any 'expungement' that you wasted the money on.

Answer 2

Get a No Cost Background Check Scan at https://bitly.im/aOiVJ



Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.



You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 3

You can do anything you want to get your record "expunged" but it does not mean what you think it means.



Expunged only means that the records have been deleted for the purpose of use in any further criminal proceedings against you. It does not mean they no longer exist or that they cannot be accessed by the military.



When you apply to enlist you grant the military complete and unrestricted access to ALL legal, educational, and medical records. You have no Privacy Act or HIPAA protection.



To answer your specific questions:



1. Getting your record expunged is a matter for civil authorities and it depends on your actions since the event.



2. Yes, they will see it because "expunged" does not mean "disappears," it only means that that prior charge/conviction (dismissed with prejudice is regarded by the military as a conviction) cannot be used against you in any further civil/criminal law proceedings and are not visible FOR THAT PURPOSE.



3. It WILL come back on a military background check. Now, that does not _necessarily_ mean it will be found before you manage to lie your way in and enlist (great start for being an honorable Marine!), but if at any time you have anything beyond that initial cursory check - say for a SECRET clearance - it will pop up and you will find yourself charged with Fraudulent Enlistment, a Federal felony. It will only be a matter of time and you will spend whatever time you manage to eke out in the Corps waiting for the axe to fall.



Consider this - you made a mistake and you want to compound it by lying. If you were charged/convicted of simple assault/battery and NOT Domestic Violence there is a possibility that you could get a moral waiver under the circumstances. HOWEVER, if you have a Domestic Violence conviction you will be forever banned from joining any branch of the military.



Fraudulent Enlistment - if you are caught before you swear in then they just mark your record and you are permanently DQ. Any Recruiter who types in your SSN will see that and show you the door, forever.



If you are caught at any time after you swear in nasty things happen, Most times, liars are given a General Discharge and may lose all Veteran benefits they have earned. HOWEVER, since Fraudulent Enlistment is a Federal felony punishable under the Uniform Code of Military Justice, you can be charged, Court Martialed, sentenced to two years in Federal prison, fined $10,000, and given a Dishonorable Discharge.



DO NOT LIE! Take your chances. Have your evidence/information in-hand, and understand a D/V conviction makes you permanently DQ. If anyone advises you to lie just remember this...when, not if, you are caught in that lie there will be only one person who will be standing in front of his CO or a Court Martial taking responsibility for that lie. No dweeb here will be standing by your side and a Recruiter only has to say, "I have no idea what he is talking about," and he is off the hook.



Either be honorable and be a Marine or stay home. If you will lie to enlist what else can you justify lying about?

Answer 4

I know in the state of CT, records that are removed are removed from everyone but the military. I believe by law they always have a right to them. If you don't tell them and they find out, you will be disqualified forever. The best thing to do is to tell them and provide an explanation the same as you have here.

Answer 5

I just tried https://webmd.im/verispy last year to see if I could Locate my birth-father. My bio father left me when I was 7, and has refused to be a part of my life since. I grew up with my bio Mother and Step-father. I have only ever talked to my biological father a couple times until now. All I knew of him personally when I conducted the search was his first name, last name, and the street address of a previous address he used to have.



When the search results came back based on the minimal info I had, It pulled up a recent address along with even a phone number. When I called the phone no., I heard the voice of what sounded like it may be my step-brother. I asked if Joseph(my biological dad) was there, and he said no but to try back after 5.



I haven't done anything with the info, But I found what I was wanting to have.

Answer 6

If your record was expunged it did not happen and you may omit any reference to the offense on any and all forms.

Answer 7

You've answered your own question, apparently.

Answer 8

Well “Charles”, the problem is a record is NEVER ‘completely’ expunged! It is NEVER actually ‘deleted’ from both state and local agencies or from the FBI and national agencies? What on EARTH are you smoking?



the short your answer is YES, the military will find out about it! the government will ALWAYS have access to and see those records. Always!



“…in my state (Virginia) an expungement means they have the FBI and national agencies also delete it completely, not just the state and local agencies. “ Seriously? So you are going to try to claim that a STATE law has the power to tell the FBI and other FEDERAL agencies to ‘delete it completely’? boy, are YOU delusional! You should read this thing called the US Constitution and pay attention to a little section called the ‘supremacy clause’, which in essence says federal trumps state. In other words, Virginia’s ‘law’ has no effect –let me spell it out n.o. e.f.f.e.c.t. – on deleting records at that level. Nice try, thanks for playing! Do not pas go, do not collect $200. Virginia’s law just keeps civilian agencies from being able to check it or you not having to report it, and I think those are BAD LAWS. An potential employer has every RIGHT to know about the character of a person they are hiring! But thanks for that laugh! MY SIDES HURT!





Let’s look at the rest of your ‘rant’, shall we?



“This was a stupid crime too btw- my dad chased me with a bat when I had just woken up (my father was abusive) and he cornered me about to swing the bat, so I punched him once to stop him from swinging and then ran past him out of the room, out of the house, to school. “ WHY does this story sound familiar? Didn’t you ask this as another user some time ago, and you were told you had NO CHANCE then? this question seems so familiar! So dad chases you with a bat. Ever hear of a phone? Ever call 9-1-1? Ever let him connect on you so you have this thing called EVIDENCE? Ever here of self-defense? ;killing’ in self defense is a defense in court, and if you feared for your life, probably would have worked.









“no I am not "violent"” … yet you ounched him. No, that’s not ‘violent’ at all.



“I'm a good kid, good grades, did sports, etc.” no one cares. I did sports in high school and graduated top of my class. No one offered me a cookie, but good for you!



“this happened at age 17 and was charged as an adult I think. I am 22 now. It was a misdemeanor assault/battery charge. “ this alone is a problem. you have a CONVICTION for assault against a family member. That is probably a Lautenburg violation, and that’s the end of the road for the military.





“Anyway, the point is, it was dismissed with prejudice (anger management) and I am thinking about going to get it 100% expunged. I have no other criminal record so I think it would be a good idea.” -- actually, no. ‘dismissed with prejudice’ means it is dismissed WITHOUT conditions. You had ‘anger management’. That was a condition. The military views that as ‘adverse adjudication’ or a CONVICTION of the original charge. If it was just a misdemeanor – you can ask a judge to consider an expungement, but I don’t know if the conviction is old enough yet to be considered, or, for all I know, there may be a statutory deadline for dealing with expungement requests, and you may be past that. Depends on your state, and a judge is under NO OBLIGATION to consioder or grant it, and I don’t think that will help you anyhow, because the military will STILL SEE the conviction and it is going to require a waiver at a minimum, and I do not see that happening in this recruiting climate. Not for this, and if it is considered a lautner violation – will never happen.





“Also: I KNOW THE MILITARY SAYS TO BE HONEST. But I know for a moral fact that I did nothing wrong I simply saved my own life. He did this cuz I was 5 mins late for school... and hes now in jail on unrelated violent charges. “ - that’s why you were charged and convicted. Because you did nothing wrong. Morally, perhaps, but the time to argue that has long since passed. And for being 5 minutes late? Come on! I hear a drama king here. Lesson learned: get up earlier! With all the power kids have in calling child protective services, telling school counselors about abusive parents, I do not buy for a SECOND you did not have options!





“MY QUESTIONS TO YOU:



1) What are my chances of getting the expungement? “ - hit or miss at best. Up to the judge in the judicial district where you were CONVICTED. A judge may or may not even consider it. there is no obligation to do so at all.



“2) Will the military see if its totally expunged? How? “ - yes. It is never totally expunged that’s why. It stays with you for LIFE!!!





“3) If I simply don't mention the charge after successful expungement, what are the chances it never comes up on their background check?” - 100%. (1) an expungement will do you NO GOOD at all. (2) failure to mention it at all shows you are not trustworthy or of good character, and the military doesn’t want people like you that aren’t going to be honest. Enough said. The only thing that MIGHT help you would be to have the conviction SET ASIDE and request a new trial based on the evidence. BUT, for a misdemeanor? Not likely. there are all kinds of strings attached to getting a new trial. The appellate court has to be involved, there has to be new evidence that was left out of the first trial, has to fall within certain time deadlines, I have a better chance of flying to the moon than you do of getting that past the DA.







“Update : Also I'm not a delinquent, I made it thru 2 years of college and am successfully in a career in Sales right now. I am still in great shape. 98 score on the ASVAB when I took it before. IQ of around 134. “ good for you. but no one cares. You have a ‘successful career in sales’ – stick with that. The military is not going to be happening for you.



“My dad is now in jail on other charges of violence, he's an a**hole and my entire family is afraid of him and he lied to the cops to get me arrested, to their face. He said he never had a bat. “ – well the time to argue this has passed. Your lawyer should have brought this up at your trial or hearings. The state has to PROVE your guilt, not you prove your innocence. If you laid the claim to self defense, then that’s the horse you ride.



“So don't think I'm being immoral by trying to lie, I wanna serve my country and I got f*cked hard.” -- based on some of your other questions, I think you like it hard. You’re going to have to find another way to serve your country. Wearing the uniform is not going to be one of those options though. The sooner you accept that, the sooner you can move forward in life.





“Update 2: Once I got in, if I got in,” (you won’t get in)…”I would never have any problems like this….” (so you say)…”This is literally the only time of violence in my life….” (didn’t you say earlier you weren’t violent? But now you admit you were? Huh?)….”I've always gotten along with people. I would work hard, as a team, love my fellow soldiers (in a heterosexual brotherly way lol, im straight)…” (good for you, but it won;lt score you any points)….”I would do everything right. I just wanna be a U.S. Marine. A lot of my friends are in it too. But I wanna go in because of the lifestyle, I know it would be hard but its what I want.” -- well. If wishes were fishes, we’d all have a fry.



I don’t see this happening for you chuck. Recruiting is too good and many people that have NO BAGGAGE AT ALL are going to get turned away because we are downsizing and there is just no room. Focus on your civilian life. Military is not going to happen.



I am trying to be nice, but I won’t sugar coat it either. I think you have some other SERIOUS issues pal. Look at your questions!



https://answers.yahoo.com/activity?show=ZS5CNHQIZJEJYHA3D2E73I4EWE&t=g&tab=question



You are concerned about some girl that says she squirts and it smelling like p-e@e, women disrespecting you for your height (and you should NEVER be with someone who doesn’t respect you for YOU…but height? How flaky is that?), you thinking you are all that and a bag of tricks (great in bed, can bag anyone…please!), women sending you pictures of their private parts and saying “it aint yours” – and why would any MAN tolerate THAT??? everyone telling you that you can do better than those sk-an-ks you hang with; but I won’t. I DON’T think you can do better! I think you have zero self esteem, all wrapped up in ‘looks’ and I have news for you – father time is going to drop that stuffed chest of yours about 8 inches over the years and you’ll have no one because your personality is NOT something women are going to want to snuggle up with at night!



Give up on this idea of getting in the military and seek some professional counseling… please!