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Disclosing certain information
Last Post 13 Aug 2014 09:35 AM by VicNaz1. 5 Replies.
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LillianUser is Offline
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Lillian

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03 Jun 2014 07:01 PM
    So I have an application to join the CGAUX and have a question. 

    I'm a twenty year-old college student and back when I was sixteen I got charged with a misdemeanor controlled substance possession. In return for a guilty plea, paying a fine, and a little bit of community service I had the charge dismissed. After the dismissal I had my attorney expunge the charge that was also sealed due to being a juvenile. 

    Nothing on the application asked about a criminal background, but there was the "authorization for release of information" part, which counts as the background check. Will this come up on the background check, and also will it prevent me from being able to join the aux? 

    I would ask my flotilla commander, but I remember back at sixteen after my expungement that my attorney told me to not ask or answer any questions regarding a criminal record unless I legally have to. So if it's something the auxiliary won't find out about, I am not going to blow it asking the commander. Also if the record shows up on the background check, and does not prevent me from joining, will the flotilla find out about it? 
    Old Guard2User is Offline
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    03 Jun 2014 09:12 PM
    I'm not sure the extent of the reach for the auxiliary. But the military can see sealed, juvenile, expunged, whatever records.
    Sector NY, Staten Island
    FLME3User is Offline
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    FLME3

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    05 Jun 2014 12:42 AM
    Your expunged and sealed record will be found. The expungement and sealing of a criminal record is more for non-mil/government employers.

    A drug possession conviction is a major misdemeanor, which the auxiliary will not allow. Sorry to be the bearer of the bad news. This can be found under The Auxilirary Manual COMDINST M16790.1, Chapter 3 A.4., A.4.b. Major Misdemeanor.
    AuxnoobUser is Offline
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    Auxnoob

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    05 Jun 2014 05:05 AM
    Lillian, I suggest you read the section FLME3 references. Read the remaining sections in A.4.  If your charge was dismissed as opposed to a conviction, there seems to be the possibility of a waiver.  You would have to do a lot of writing and explaining that you were young and have changed your life since then. Under no circumstances hide anything. I am not a lawyer, and I don't have any authority to say this will work for you, but it cannot hurt to try. They may well still say no, but you won't know unless you try. I have found being a member of the Aux worth it.

    If you can't find the manual FLME3 references (Google should be your friend), please post here and we'll come up with something.
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    NYBo

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    06 Jun 2014 08:37 PM
    Posted By Auxnoob on 05 Jun 2014 06:05 AM
    Lillian, I suggest you read the section FLME3 references. Read the remaining sections in A.4.  If your charge was dismissed as opposed to a conviction, there seems to be the possibility of a waiver.  You would have to do a lot of writing and explaining that you were young and have changed your life since then. Under no circumstances hide anything. I am not a lawyer, and I don't have any authority to say this will work for you, but it cannot hurt to try. They may well still say no, but you won't know unless you try. I have found being a member of the Aux worth it.

    If you can't find the manual FLME3 references (Google should be your friend), please post here and we'll come up with something.

    She stated the charge was dismissed. Would that change the situation? I thought only convictions were a problem.
    VicNaz1User is Offline
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    VicNaz1

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    13 Aug 2014 09:35 AM
    If this was a probation before judgement circumstance and she got it dismissed it may only need a letter of explanation. The essence of this is that it is not a conviction and the fact that she is forthcoming with the truth. That all shows character and 'adult' moral judgement. I think she has a perfectly good chance of getting into the Aux.
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