SF or 75th eligibility

[thall3143]

Hello,

I am interested in enlisting in the Army and trying to get an Option 40 or 18x contract.

When I was 12 I received a juvenile non-violent felony for B&E, which was your typical instance of dumb kids messing around near the neighborhood old abandoned house. Unfortunately they deemed it necessary to throw the book at us.

My record is neither expunged nor sealed, but I haven't been arrested in the 11+ years since this occurred. No traffic violations, never done drugs, was never suspended from school, graduated with a 3.4 GPA and a certificate of completion in music performance. I also have a near complete tattoo sleeve on my right arm, but no more than 4 both above and below the elbow.

I've spoken to a number of recruiters, including a family member who is a recruiter, but I've been unable to get much information besides "it might be a problem, it might not."

So I am deferring to the expertise of the fine gentlemen who inhabit this forum. Any and all help is greatly appreciated.

Thanks

 

[AWP]

"It might be a problem and it might not" is very true. If you've disclosed this to one or more recruiters and they haven't flat out run you off, then you probably aren't "auto disqualified." You may need a waiver or two and those may or may not be granted. You'll have to pay your money and take your chances. Do the paperwork and see if the reply is "you need a waiver." The reality is as budgets draw down the military may be less inclined to grant a waiver, but you won't know until you've tried.

 

[thall3143]

I see, that makes sense. Thanks for the reply! I'll meet with the recruiter again and start the process.

 

[Diamondback 2/2]

Technically, unless the record is fully expunged and civil rights are restored, you're ineligible. It's based upon your ability to legally possess firearms and ammunition. The military will not except a sealed record, and they do not differentiate between juvenile and adult criminal records.

That said many states offer some form of a expunging process for juvenile records, specifically for situations like yours. You will need to research the laws of your state, and find out if you are eligible and if you are, it should outline the process in how to go about it. Another option is a governors pardon, these are highly unlikely but are still an option. Basically research the laws, or hire an attorney.

What state was the conviction in?

 

[amlove21]

Technically, unless the record is fully expunged and civil rights are restored, you're ineligible. It's based upon your ability to legally possess firearms and ammunition. The military will not except a sealed record, and they do not differentiate between juvenile and adult criminal records.

That said many states offer some form of a expunging process for juvenile records, specifically for situations like yours. You will need to research the laws of your state, and find out if you are eligible and if you are, it should outline the process in how to go about it. Another option is a governors pardon, these are highly unlikely but are still an option. Basically research the laws, or hire an attorney.

What state was the conviction in?

Great input here. Thanks, @Diamondback 2/2

@thall3143 , make sure to thoroughly explore these questions with your recruiter.

 

[thall3143]

Technically, unless the record is fully expunged and civil rights are restored, you're ineligible. It's based upon your ability to legally possess firearms and ammunition. The military will not except a sealed record, and they do not differentiate between juvenile and adult criminal records.

That said many states offer some form of a expunging process for juvenile records, specifically for situations like yours. You will need to research the laws of your state, and find out if you are eligible and if you are, it should outline the process in how to go about it. Another option is a governors pardon, these are highly unlikely but are still an option. Basically research the laws, or hire an attorney.

What state was the conviction in?

The conviction was in Ohio. I've actually called around some local gun shops/shooting ranges that I frequent and been told I probably wouldn't have any trouble purchasing a firearm. Would it be as simple as contacting the sheriff's office to see if I get "flagged"?

Thanks for the help!

 

[Diamondback 2/2]

The conviction was in Ohio. I've actually called around some local gun shops/shooting ranges that I frequent and been told I probably wouldn't have any trouble purchasing a firearm. Would it be as simple as contacting the sheriff's office to see if I get "flagged"?

Thanks for the help!

By your own admission you have been convicted of a felony. I already told you what you need to do, read the law and follow the process or hire an attorney. If you would rather listen to the wisdom of a gun shop/range monkey, then I've got no more advice to give.

FYI: it is a felony punishable up to ten years in federal prison, for a convicted felon to possess firearms or ammunition. It is also a felony to knowingly give access to firearms or ammunition to someone you know has been convicted of a felony. If i was running a gun shop and you walked in with that story, I would tell you to leave, based solely on the fact that if you pick up a box of ammo in my store, I am now breaking the law.

ETA: according to this link, you should be eligible for expungement of your juvenile record.
Lawriter - ORC - 2151.358 Expungement of sealed records.

 

[Hillclimb]

I'll give you a little insight about what you may be getting yourself into. It's a different branch, but the process may be similar.

Hire a lawyer.

My brother was in the same ordeal/different charge at the age of 14, and had to pay an attorney to work magic to get his right to bear arms reinstated and do some other paperwork magic. What that process entails: I have no idea. I can ask if you really want to know, but you're better off asking an attorney/asking the recruiter.

He's also been actively trying to join the service for 4 years now with no luck. He's put in a waiver, with several character references, written congressmen, displayed above the standard PT scores (30+ pull ups/110+ pushups/sub 6 min run times, been to the crossfit Games for team events, and was 9th in regional individual men's this year) 2 years of college, captain of the wrestling team for 3 years, and had an interview with the admiral of recruiting. The admiral denied his waiver for no reason. In her eyes, he was a risk/Pablo Escobar. That's all she saw.

He's waiting for the current admiral to change out so he can go through the process again (I think it took 6 months to get the waiver fully submitted and an interview set up). He's committed and dead set on this.

My only advice is to commit, and make yourself marketable to you recruiter. Why should he go through the painstaking process of doing extra work for 6 months for 1 person?