Recovering an Expunged Record

[nguyen12]

I was 16 when I got arrested for possession of marijuana. I went to court and after I finish with all of my community service, I got the record expunged. Now I am trying to join the Marines Corps and they will need an incident report. I call the County Police Department, Sheriff Police Department, and Juvenile Department, but none of them has any record of it at all. My question is how can I get a copy of that record. Anything would work like my community service, fingerprints, etc....
BTW this was down in Escambia County of Pensacola, Fl.

[Kimble]

I was 16 when I got arrested for possession of marijuana. I went to court and after I finish with all of my community service, I got the record expunged. Now I am trying to join the Marines Corps and they will need an incident report. I call the County Police Department, Sheriff Police Department, and Juvenile Department, but none of them has any record of it at all. My question is how can I get a copy of that record. Anything would work like my community service, fingerprints, etc....
BTW this was down in Escambia County of Pensacola, Fl.

Have you actually been told by a USMC recruiter or another Marine involved in your enlistment process that you need to provide a copy of the incident report, or is that an assumption on your part?

[nguyen12]

I have been told by my recruiter that I need a copy of the incident report in order to file for a waiver.

[GoDirectly2Jail]

What did you do with the paperwork copies you were given at the time of arrest? Have you contacted the attorney that handled your expungement to see what their office might have?

[nguyen12]

I was at school when I was arrested, and the sheriff just took me to the Juvenile Department and he just took my fingerprints and call my gaurdian to come and pick me up. I never had an attorney for my case, because the judge put me in a "Second Chance" program. The only paperwork I had in my possession was the community service paper, but I had to mail that back to the director of the program to show that I completed the program.

[retdetsgt]

Must be a new recruiter. By definition, expunged means gone, unavailable. Explain that to him.


expunged - ex·punge   
[ik-spuhnj]
–verb (used with object), -punged, -pung·ing.
1. to strike or blot out; erase; obliterate.
2. to efface; wipe out or destroy.

[nguyen12]

At first that is what I thought too, since the judge told me no one can find it. But I have went to Marines forum, Military forum, and different recruiters, but everyone only has one answer that the military will still be able to see it so I will need a waiver and in order to file a waiver I need an incident report. And at MEPS you have to disclose everything even if its expunged, so that will also lead to a waiver.

[retdetsgt]

Good luck. In Oregon, there would be no incident report so I don't know what the Marines do here. No one can see what doesn't exist. And I know for a fact that expunged means that all traces of the record are destroyed, not sealed.

[nguyen12]

Yeah because this is making me go nuts. Recruiter told me if I can not get any information about that arrest than I can not enlist. I should have just lie at MEPS, but I didn't want to get caught for fraudulent enlistment down the line.

[Kimble]

I should have just lie at MEPS, but I didn't want to get caught for fraudulent enlistment down the line.

So you're saying you'd rather take the risk of committing a crime (a federal felony) than not being able to enlist? You'd rather risk being sent to a court-martial and charged with violation of Article 83 of the Uniform Code of Military Justice, where the maximum penalty is a dishonorable discharge, forfeiture of all pay and allowances (i.e. you don't get to keep the money you've already spent that you've been paid up until the time you get caught), and confinement in a military prison for 2 years?

If your recruiter is "making you go nuts" it's probably time to explain your situation - professionally - to his supervisor, but I would STRONGLY caution you against making ANY false official statement, with your enlistment or any time during your enlisted career. I've seen a good number of otherwise good Marines and sailors lose their careers and go to jail over matters that would have played out much better for them had they not lied in an official statement.

[nguyen12]

No offense sir, but if you read my statement correctly you could have seen that it was written in past tense and that I also stated that I did not wanted to get caught for fraudulent enlistment. Secondly, I have already went to MEPS and they know everything about me from medical to criminal.

[Kimble]

No offense sir, but if you read my statement correctly you could have seen that it was written in past tense and that I also stated that I did not wanted to get caught for fraudulent enlistment. Secondly, I have already went to MEPS and they know everything about me from medical to criminal.

I didn't misread your statement, I can see you're speaking in past tense. You wrote (and I'll quote), "I should have just lie at MEPS." You need to realize that if you're going to go into the military, law enforcement, or any government job that requires public trust that lying has consequences, often severe ones. I understand you didn't do it this time, but if you're thinking now that that would have been worth the risk to making becoming a Marine easier, I'm laying out the consequences of getting caught in plain black and white for you.

If you're going to sit at the adult table you've got to act like and adult, or face adult consequences. Just some friendly advice.

[mcsap]

So tell your recruiter that you have spoken to ....

Officer/Deputy Jones at the ________________ Sheriffs Dept and they have no record of this. See if they will give you any documentation that shows that they destroy any and all records of such a case so you can then show that to your recruiter.

[tcop733]

The intent of juvenile law is to remove the taint of criminality of juvenile offenders. That's why most juvenile records go bye bye. I can't understand why the Marine Corps would need a record of something most agencies don't keep a record of? The desired outcome of juvenile law is to correct undesirable behavior, if that's done, no juvenile record should follow a young offender and cast a dark shadow on their ventures into adulthood.

[marinepilot]

I was 16 when I got arrested for possession of marijuana. I went to court and after I finish with all of my community service, I got the record expunged. Now I am trying to join the Marines Corps and they will need an incident report. I call the County Police Department, Sheriff Police Department, and Juvenile Department, but none of them has any record of it at all. My question is how can I get a copy of that record. Anything would work like my community service, fingerprints, etc....
BTW this was down in Escambia County of Pensacola, Fl.

nguyen, when I read this post I thought, hey, I'm an Escambia County Sheriff's Deputy so I may be able to help. You also hit a special note about going in the Marine Corps because I also happen to be a Retired Marine Officer.

I was at school when I was arrested, and the sheriff just took me to the Juvenile Department and he just took my fingerprints and call my gaurdian to come and pick me up.

Wasn't your guardian given a Juvenile Release form when they signed for your release? Ask that person if they still have a copy of that, it should have your offense number on it. If you were printed then you were definitely arrested and an arrest report was completed.

I should have just lie at MEPS, but I didn't want to get caught for fraudulent enlistment down the line.

Now, unfortunately for you, as I stated above, I'm a Retired Marine Officer, and this bolded section of your statement really upsets me. So much so that I truly considered NOT attempting to help you with your problem.

No offense sir, but if you read my statement correctly you could have seen that it was written in past tense and that I also stated that I did not wanted to get caught for fraudulent enlistment.

I definitely did not misread this, and as Kimble told you, this type of attitude is completely unacceptable if you're looking to go into my beloved Corps! Yes, you stated you didn't want to get caught later, but that doesn't mean that you didn't consider doing the wrong thing. And if you considered it before, it's more than likely you'll consider it again. So I'll tell you now, if you can't get rid of this penchant to lie your way through, just give up on the dream of earning the title Marine! Or of ever achieving anything worth meaning, for that matter, because that which is based on a lie is nothing.

Now, rant and lesson over. I do not say these things to upset you, but to teach you that you must speak the truth and be more honorable should you wish to get ahead in life.

I will send you a PM requesting some information that may help me figure out how you can get the information you need, should it still exist. If I am unable to help, we will figure out how we can proceed after that.