Article 15 from 2003

[dustin33]

Here is the situation. In 2003 while attending Army basic training, we were all sent home for Christmas where I then smoked some Marijuana. When we came back to training I failed the urinalysis and was given an art 15/general discharge. In 2007 I enlisted in the Marines. I was given a waiver for the charge and was allowed to enlist. In 2009, I became an Embassy guard and was given a T.S. clearance. I was discharged honorably from the Marines in 2015 and was given an honorable discharge with separation pay due to the drawdown. My problem is I am currently trying to get a real estate license in the state of FL and my application is under review for the 2003 charge. I called the Army to inquire about this and the guy I talked to said this was a felony in regards to UCMJ. Any thoughts on this and my main concern is getting this expunged from my record due to my exemplary record since 2003. Thank you.

 

[FlyingRon]

Your options to do anything about this expired long ago. You are way past the appeal deadline for the article 15 itself and set aside/remission is not available once you leave the unit that you got the art 15.

 

[adjusterjack]

Any thoughts on this and my main concern is getting this expunged from my record due to my exemplary record since 2003. Thank you.

Obviously it's not going to get expunged.

That the board has your application under review means it already has the information about the conviction so there's no way of making it disappear.

If it'll make you feel any better, read this article:

http://www.tampabay.com/news/business/personalfinance/criminal-record-not-often-an-impediment-to-getting-a-florida-real-estate/1204596

All you can do is wait for a decision. You might get the license in spite of the Article 15.