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Criminal Record

I recently fought in court to get a Reckless Driving Misdemeanor removed from my record. My lawyer, in the end, got the misdemeanor "dismissed" and instead I was given 2 driving infractions. I am worried about the meaning of "dismissal" and how this might affect my officer application. Does anyone have any insight on this? Originally, my recruiter told me I would need a waiver if I had a misdemeanor, but now I am uncertain as to where I am right now.
 

Hair Warrior

New Member
Contributor
Dismissed is good. It means the prosecution charged you with an offense, then decided not to pursue it (based on lack of evidence or whatever their decision was). Your lawyer was worth every penny. Expunged means you were charged, convicted of an offense, and then got it removed later (but not completely). Dismissed is not a conviction. Expunged is still a conviction. You can safely say you were never convicted of a misdemeanor (though it sounds like you were charged with one). Extra lucky if you were never placed in handcuffs or arrested, just because people ask those questions.
 

DanMa1156

Land of the rising sun. Literally. There's no DST!
pilot
Contributor
Dismissed is good. It means the prosecution charged you with an offense, then decided not to pursue it (based on lack of evidence or whatever their decision was). Your lawyer was worth every penny. Expunged means you were charged, convicted of an offense, and then got it removed later (but not completely). Dismissed is not a conviction. Expunged is still a conviction. You can safely say you were never convicted of a misdemeanor (though it sounds like you were charged with one). Extra lucky if you were never placed in handcuffs or arrested, just because people ask those questions.
When did you get your law degree?

OP - contact your Officer Recruiter. Don't hide things.
 

RecruitingGuru

Making Recruiting Great Again
To add what the majority said, ask your OR. If your OR doesn’t know, he or she can ask their officer processor who would certainly know.
 

azguy

Well-Known Member
None
OP, I can't speak to the recruitment process and waivers; but more broadly (and in terms of the security clnc process), nothing legal is truly sealed/expunged/etc with Uncle Sam. Best policy is to be completely transparent and forthcoming.
 

FlyinSpy

Mongo only pawn, in game of life...
Contributor
I recently fought in court to get a Reckless Driving Misdemeanor removed from my record. My lawyer, in the end, got the misdemeanor "dismissed" and instead I was given 2 driving infractions. I am worried about the meaning of "dismissal" and how this might affect my officer application. Does anyone have any insight on this? Originally, my recruiter told me I would need a waiver if I had a misdemeanor, but now I am uncertain as to where I am right now.
Convicted? No, never convicted...
 

ATIS

Well-Known Member
OP, I can't speak to the recruitment process and waivers; but more broadly (and in terms of the security clnc process), nothing legal is truly sealed/expunged/etc with Uncle Sam. Best policy is to be completely transparent and forthcoming.
Shack

Make sure you put this all down on your clearance paperwork.

ATIS
 

NavyOffRec

Well-Known Member
No its not. I just had some not guilty records expunged after it was sealed for 10 years. This does vary from state to state on what can be sealed/expuged.
FYI nothing is sealed when it comes to the federal gov't, even in my role at a civilian company because we have people that become federally licensed I get reports that include expunged/sealed/charged but not convicted/etc......

We also have to treat all those records and get documents as if there was a conviction, the difference is that a person who was found not guilty would be able to move forward, where the other would not.
 
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