For these purposes, it often doesn't matter if the record was expunged, sealed, etc., or any number of other various terms that can vary from state to state. If the event occurred, it needs to be waivered based on Department of the Navy guidelines. This is from the Navy Enlisting Recruiting Manual (COMNAVCRUITCOMINST 1130.8H), but it is still a good reference for the way the Marine Corps looks at things as well:
d. Expungement. Some states have established procedures for the subsequent "expunging of the record", "dismissal of charges", or "pardon" upon evidence of rehabilitation of the offender. Such action has the legal effect of extinguishing the initial "conviction" or "adverse juvenile adjudication" so that, under state law, the applicant has no record of conviction or adverse juvenile adjudication. In spite of this action, the record must be revealed and a waiver of the applicant's disqualification(s) is required at the proper enlistment decision level.
e. Felony
(1) A "felony" is defined as a conviction or adverse adjudication by civil authorities (foreign or domestic), or action taken which is tantamount to a finding of guilty of an offense for which the maximum penalty is confinement under state or local law exceeding one year. Refer to offenses listed in Exhibit 020802 for general felony offenses.
(2) An offense is classified a "felony" without regard to the offender's age when the offense was committed, or whether the offense was disposed of by juvenile or adult criminal proceedings. A felony charge that is adjudicated as a felony which is amended later to a lesser offense classification shall be considered a felony for enlistment waiver purposes. Any applicant arrested, charged, cited, or adjudicated with a felony offense regardless of final offense disposition/adjudication rendered by any court or civil authority must be referred to COMNAVCRUITCOM (00J) for a mandatory COMNAVCRUITCOM offense classification determination.
Even self-admitted activity where there has never been a conviction must still be waived in accordance with the guidelines. If your waiver has been denied, you might be done -- for now. The passage of time is a good mitigating factor. If you really want this, continue to stay out of trouble, better yourself, and try again in the future.
d. Expungement. Some states have established procedures for the subsequent "expunging of the record", "dismissal of charges", or "pardon" upon evidence of rehabilitation of the offender. Such action has the legal effect of extinguishing the initial "conviction" or "adverse juvenile adjudication" so that, under state law, the applicant has no record of conviction or adverse juvenile adjudication. In spite of this action, the record must be revealed and a waiver of the applicant's disqualification(s) is required at the proper enlistment decision level.
e. Felony
(1) A "felony" is defined as a conviction or adverse adjudication by civil authorities (foreign or domestic), or action taken which is tantamount to a finding of guilty of an offense for which the maximum penalty is confinement under state or local law exceeding one year. Refer to offenses listed in Exhibit 020802 for general felony offenses.
(2) An offense is classified a "felony" without regard to the offender's age when the offense was committed, or whether the offense was disposed of by juvenile or adult criminal proceedings. A felony charge that is adjudicated as a felony which is amended later to a lesser offense classification shall be considered a felony for enlistment waiver purposes. Any applicant arrested, charged, cited, or adjudicated with a felony offense regardless of final offense disposition/adjudication rendered by any court or civil authority must be referred to COMNAVCRUITCOM (00J) for a mandatory COMNAVCRUITCOM offense classification determination.
Even self-admitted activity where there has never been a conviction must still be waived in accordance with the guidelines. If your waiver has been denied, you might be done -- for now. The passage of time is a good mitigating factor. If you really want this, continue to stay out of trouble, better yourself, and try again in the future.
