prior service reenlistment

[blaine.p]

What is the name of your state? Michigan
I have had charges that have been set aside as non-public records for domestic violence. I have since applied for and received a concealed weapons permit to carry a pistol. Is there any way i can renlist to serve my country again?

[fozzy2]

Do you mean that you have a "conviction" that has been set aside? Or were you charged but never reached a verdict (no trial or guilty plea)? In either case it appears that you should not be excluded from the military due to the "Lautenberg Amendment", since Michigan law says that "the applicant, for purposes of the law, shall be considered not to have been previously convicted..." [with a few apparently non-applicable exceptions].
M.S.A. 28.1274(102)

However, just because you won't be excluded based on Lautenberg does not necessarily mean that the military will let you re-enlist. What was your re-enlistment code and status? Why did you leave the military the first time? If you were dismissed for a Lautenberg violation prosecuted in state court, but later had that charge 'set aside' and tried to re-enlist ---- that could pose some interesting legal questions. Also, although your records may be "nonpublic" the federal government isn't usually considered "public." In other words, the government will almost certainly have access to your record as part of background checks, etc. The Michigan statutes, for example, specifically say the records are releasable to "a law enforcment agency" which means dollars to donuts the FBI knows all about you.

Thus, you should not be excluded from re-enlisitment by 'Lautenberg' but be careful about denying any "criminal history", be ready to explain what happened, and keep your personal copy of the "set aside" order handy.

[blaine.p]

"conviction" under the "spouse abuse act" as far as my RE code I can renlist. This was an incident that happened after i left the service. I have no other factors that would stop me from enlisting. Thanks for your time and help.

[mlane58]

Originally Posted by blaine.p

"conviction" under the "spouse abuse act" as far as my RE code I can renlist. This was an incident that happened after i left the service. I have no other factors that would stop me from enlisting. Thanks for your time and help.

Then why did you ask the questions if your RE code is one that doesn't bar you from re enlisting? As Fozzy stated, the FBI has complete access to any criminal file regardless of whether it has been sealed, expunged, set aside, etc.....

[fozzy2]

There were really two different factors at work here. First is the re-enlistment code the military gave him when he left service, which was apparently fine. The second is whether he has subsequently fallen afoul of the "Lautenberg Amendment", which means that by policy he would not be enlisted regardless of his re-enlistment code. Since his conviction has been "set aside" the Lautenberg Amendment no longer applies to him, and so the military will consider re-enlisting him. They may decide not to based on his particular circumstances, but he is not barred by policy.