TX-POCS dismissed, need it expunged

[cfx75]

I'm in Texas, had a POCS (Possession of Controlled Substance) dismissed in 2001. They told me after 3 years I could get it expunged from my criminal record. Is this something I can do myself or do I have to get it done by a lawyer? If thru a lawyer, is a criminal lawyer the best at this type of thing? How long does the whole process take?

I'm trying to get into the Navy and need Security clearance. They don't want to give it to me if I have this type of charge on my record.

 

[DRTDEVL]

It doesn't matter if it is expunged or not... They WILL run your fingerprints at MEPS, so even if you had it expunged (and subsequently did not list the charge), it will show up on your NACLAC check. They just send your digital fingerprints to the FBI, and your "rap sheet" will be waiting for you before you ship out.

This is why the question is worded: "Have you ever been arrested, charged, cited, held, or convicted of ANY law violation (to include juvenile charges) by ANY law enforcement agency (to include Military Police, Dept of Natural Recources, Fish and Game Wardens, Juvenile Authorities, etc), even if the charges were dropped, dismissed, expunged, sealed from the record, or you were later found not guilty (do not list any charges previously listed)? This includes minor traffic charges."

Provided the charges were actually dismissed (not pre-trial intervention, first time offender or other diversion programs), you have a shot at the clearance. By not listing the charge, you will be discharged from the Delayed Entry Program, and barred from enlistment for 2 years. You will then require a waiver for the fradulent enlistment after the 2 years have passed.

Since you are inquiring about expungement, I am willing to bet on some sort of PTI in the case... Otherwise known as an OAD by the military (Other Adverse Disposition), and you are presumed guilty for waiver and security clearance purposes. The charges were never "dismissed," but adjudication was withheld.

Although I am not affiliated with the Navy in any way, feel free to ask me anything on the subject... I am an Army Recruiter, and I have a copy of AR 601-210 (Regular Army and Army Reserve Enlistment Program) by my side. This regulation defines the standards for enlistment in the US Army, and each service has their own equivalent (yes, they all say the same thing regarding OADs). You will require a waiver for enlistment as it is, so kiss the security clearance goodbye for now. If you fail to disclose the charge, I already told you what will happen.

 

[cfx75]

RE: TX-POCS dismissed, need it expunged Reply to Thread

DRTDEVL,

First, thanks for the detailed reply. Secondly, I basically need to know if I can enlist either in the Navy or any other Armed Forces branch on a security clearance with this on my record.

My reason for wanting to enlist aren't purely selfish. I already have a very decent job, but am looking for something new and exciting. I want to get into Cryptology and am already fluent in four languages. I believe I can be of some real use to our country (I've read many reports on the shortage of linguists).

The Navy recruiter did ask me if I was interested in any other jobs there, but I just turned 30, so at this point I'm not trying to "find" myself. I already know what I'm good at and what I want to do.

But I'm not interested in enlisting under false claims either. Yes, I was arrested for POCS (a stupid mistake which I will never commit again). I went through drug diversion court and the final disposition on the case was "DISMISSED". So are you saying, even if I do get it expunged I should report it, and hope to get a waiver (OAD), or is there NO way I'm going to get the security clearance, whether I report it or not?

I went through the Security questionnaire and it mentions the following:

" For this item, report information regardless of whether the record in your case has been "sealed" or otherwise stricken from the court record. The single exception to this requirement is for certain convictions under the Federal Controlled Substances Act for which the court issued an
expungement order under the authority of 21 U.S.C. 844 or 18 U.S.C. 3607. "

To what does this last sentence refer?

Thanks in advance for any advice you can give.

Regards,
Rudy

It doesn't matter if it is expunged or not... They WILL run your fingerprints at MEPS, so even if you had it expunged (and subsequently did not list the charge), it will show up on your NACLAC check. They just send your digital fingerprints to the FBI, and your "rap sheet" will be waiting for you before you ship out.

This is why the question is worded: "Have you ever been arrested, charged, cited, held, or convicted of ANY law violation (to include juvenile charges) by ANY law enforcement agency (to include Military Police, Dept of Natural Recources, Fish and Game Wardens, Juvenile Authorities, etc), even if the charges were dropped, dismissed, expunged, sealed from the record, or you were later found not guilty (do not list any charges previously listed)? This includes minor traffic charges."

Provided the charges were actually dismissed (not pre-trial intervention, first time offender or other diversion programs), you have a shot at the clearance. By not listing the charge, you will be discharged from the Delayed Entry Program, and barred from enlistment for 2 years. You will then require a waiver for the fradulent enlistment after the 2 years have passed.

Since you are inquiring about expungement, I am willing to bet on some sort of PTI in the case... Otherwise known as an OAD by the military (Other Adverse Disposition), and you are presumed guilty for waiver and security clearance purposes. The charges were never "dismissed," but adjudication was withheld.

Although I am not affiliated with the Navy in any way, feel free to ask me anything on the subject... I am an Army Recruiter, and I have a copy of AR 601-210 (Regular Army and Army Reserve Enlistment Program) by my side. This regulation defines the standards for enlistment in the US Army, and each service has their own equivalent (yes, they all say the same thing regarding OADs). You will require a waiver for enlistment as it is, so kiss the security clearance goodbye for now. If you fail to disclose the charge, I already told you what will happen.