PTI and joining the Army.

[Jay J Alex]

I haven't talked about this until now, but a few years ago I was arrested for a misdemeanor. I wasn't convicted and I end up doing a program called Pre Trial Intervention and the arrest got expunged. My question is how does Army recruitment treat diversion programs such as pre trial intervention? Is it viewed the same way as a conviction?

 

[AWP]

You have to notify a recruiter if you were arrested, convicted, detained, etc. An expunged record still qualifies as one of the above. You answer the question yes, state what happened...then wait for the results.

 

[Arf]

If you are wondering whether or not it is a good idea to tell the recruiter, you need to tell the recruiter. You can’t hide that. They are the only ones that will be able to do the legwork for you to see what can be done to get you in. If not then try again in a few years if you are serious about joining. Time helps most things.

 

[Kraut783]

Remember, the arrest isn't expunged, the charge is.

 

[Jay J Alex]

From my understanding the arrest was expunged including the charge. I didnt even plead guilty and I didn't end up going to jail. Does that make a difference atleast?

 

[RabidMongrel]

From my understanding the arrest was expunged including the charge. I didnt even plead guilty and I didn't end up going to jail. Does that make a difference atleast?

Hey man,

I've had to deal with similar legal issues and with your situation it sounds like you had an arrangement in order to avoid taking it to trial. According to the Army, this is the same as a conviction because if you take an agreement it means you are pleading guilty without verbally pleading guilty. Any deal is a guilty plea whether you are aware or not.

Also, expunged stuff still is visible by Uncle Sam. Crazy, I know but that will show up on a background check eventually before you go in and if you havent told them they will DQ you when they do.

At the end of the day, its better to tell them because it WILL NOT prevent you from enlisting. You'll just have a moral waiver and that's it.

 

[Jay J Alex]

This is what I found. This is regarding pti in South Carolina since this is where I'm from.

The Pre-Trial Intervention (PTI) program is a diversionary program in South Carolina. The PTI program also allows individuals to avoid a criminal prosecution. The program is available only to first-time offenders. As stated above, to be eligible for the PTI program, you do not have to plead guilty. Once you enter the program, you cannot enroll in it again. If you meet these requirements, a court will dismiss the criminal charges against you. In other words, you will not have to go to trial. Also, you will have no conviction on your record. As part of the PTI process, you may even elect to have the record of your arrest expunged upon completion.

 

[RabidMongrel]

It's really up to you. I would just say don't be surprised if charges or an arrest somehow show up when they run backgrounds.

 

[Jay J Alex]

What I meant was since I didn't plead guilty and was not convicted does that make a difference when applying for a waiver?

 

[RabidMongrel]

Oh absolutely. It's much better that you don't have a conviction on your record. Like I said, you really won't have any trouble getting the waiver if it comes to that. For me, the waiver process was easy it just was annoying how long it took.

 

[AWP]

Section 22 of Standard Form 86:
For this item, report information regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or the charge was dismissed. You need not report convictions under the Federal Controlled Substances Act for which the court issued an expungement order under the authority of 21 U.S.C. 844 or 18 U.S.C. 3607. Be sure to include all incidents whether occurring in the U.S. or abroad.

 

[Jay J Alex]

What does that mean exactly?

 

[Kraut783]

It means, tell them you were arrested for (Whatever) and did PTI. Let the recruiters do their jobs with all the information.

 

[Arf]

From my understanding the arrest was expunged including the charge. I didnt even plead guilty and I didn't end up going to jail. Does that make a difference atleast?

Your recruiter isn’t going to rat you out unless he has to. Those guys want to put bodies in the military. YOU HAVE TO TELL YOUR RECRUITER. Let the recruiter decide whether or not to tell MEPS about it like @Kraut783 said.

MEPS are the big bad guys that you have to be careful with. Your recruiter is there to be on your side. Tell your recruiter man, don’t worry about it. Don’t keep things from your recruiter.

 

[Jay J Alex]

I talked to an Army recruiter briefly today. He told me that all he would do was just send in the paperwork saying how the arrest was expunged.

 

[Jay J Alex]

But a background check still needs to be done to see if anything shows up still form what he told me.

 

[Kraut783]

Yep, let the system work for you.