jsicurella
Junior Member
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.
(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.