Applying to Military as Officer - past possession charge, with ACD?

I believe this is a rather complicated set of circumstances:

(New York State) 5 years ago, age 18, I was arrested for smoking pot outside of the mall, and was hit with possession charges. We were taken in, printed, and charged. Our lawyer worked with the DA and judge, we plead guilty, and the judge gave us a 6-month ACD, Adjournment in Contemplation of Dismissal, with certain obligations. We fulfilled the obligations, and as far as I knew, everything was dismissed.

Now, age 23, I wanted to join the Air Force as an officer. The incident 5 years ago was the biggest mistake of my life, and I learned dearly from it. I have since earned 2 degrees and straightened up - no drugs, no drinking, no smoking. However, according to the recruiters I have spoken to, an ACD - as far as the military is concerned - is a guilty plea, and anything pertaining to the drugs automatically makes you ineligible.

I called my lawyer. He seems to think that with an ACD, my record would be clean, since it's after 6 months. I'd still have to admit that I was arrested to the military, but as far as security clearance went, there would not be a record of it in my background check. But every military personnel I talk to says otherwise. They explicitely tell me "You are ineligible" as an officer; some say I can't even enlist.

*So my next question to my lawyer was: Can we reopen the case, and plea to have it completely dismissed (is expunged the right word?). He said he could talk to the DA and judge, and it'd be a possibility, up to their judgement. But would this be any different? Would this even help in terms of the military? Thank you for any help or advice - I've wanted to serve my country for a long time, and this problem has arose very suddenly.

If a recruiter is telling you that you are not eligible, then it isn't going to happen.

Did you talk to a recruiter for officers or just some guy at the mall?

I first called Air Force, Navy, and Army recruiters, who all asked if I was arrested - and I said no (my lawyer told me when all this happened, that it would be like nothing happened, and I wouldn't have to tell them). I then spoke to a National Guard recruiter, the one in charge in my area, and told him I was arrested but explained the ACD. He told me he'd have to look into it, and called me the next day, saying it disqualifies me to be an officer but can still enlist.

I then spoke to my lawyer, who told me it may be possible to reopen the case and dismiss it completely - but he couldn't guarantee that would do anything to change the mind of the military. I have a meeting with the recruiter tomorrow, and will ask him if it means anything.

I understand why this may work against me (in terms of the selection process), but I don't understand why it makes me ineligible. I regret doing this, sure, but don't regret the lessons I've learned from it. I wouldn't be who I am today if I didn't make that mistake, and was forced to spend my life savings on a lawyer. All I want is an opportunity to apply, based on my current merits. Am I fighting a losing battle?

jsicurella said:

Am I fighting a losing battle?

Click to expand...

Probably.

The officer selection process, they can afford to be super selective, because they already have way more than they need.

The lawyer you used was worthless. This should have been a simple matter. It does not matter if it was dismissed or you were found guilty it will still show up on a backround check unless it is expunged or sealed. Some states do not allow this for a felony but have never heard of a misdeamenor (1st offense) not being expunged or sealed after dismissal. The exp/seal process takes one more hearing that in your case would most likely be very informal and quickly granted. My only suggestion would be to get the whole affair removed and than try again. It might not work but it's worth a try. That lawyer really left out important info. goodluck.

Thank you for the replies - this is very important to me.

You mentioned that my lawyer did not "expunge/seal" the incident after it was dismissed. Is it too late to do so now? And even if it is expunged/sealed, I would still have to disclose the fact that I was arrested to the military, and would have to explain that it was in fact a drug charge. Since the military has adopted a "zero tolerance" policy against any drug use, would it even matter if it was sealed?

Again, thank you for the advice. Today, I contacted an Air Force recruiter who explained that I may, in fact, be able to ENLIST, but cannot enter as an officer. This means a drop in base pay of about $1000/month to begin, and an even larger difference after 4 years, but at least I can serve. Just have to decide if that's something I'm willing to do; with 2 degrees, I could likely find a job that pays twice what I'd be making as an enlisted Airman, but with nowhere near the same level of personal satisfaction...

It is not to late, actually regardless what you choose to do you should have it removed. As far as the military goes the cat is out of the bag. If this was taken care of prior to you trying to enter as an officer you may have been able to do so. There should not even be a disposition entered or a case #. The only record that would still exist is from the arresting p.d. Maybe they would have found that but I believe that would have taken an extensive investigation. The whole reason for the exp/seal is so that single incident does not effect your future. If this is something you want to do, give it a shot. goodluck.