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Questions about appealing a court case in order to join army?
Ok so i have wanted to join the military my whole life but i screwed up when i was a kid and i want to know if there is anyway to fix it. what happened to me is i stole a dollar amount off 900 dollars which is a automatic disqualifyer for the military. I'm wondering if there is any way i could appeal this case to get it dropped to maybe less than 500 dollars or off my record completely. Idk if getting it expunged would help at all but i could do that or just appeal the whole thing. like i said i was dumb as hell and just got in with the wrong crowd and i just want to know if there is anyway that i can get around this
3 Answers
- retired AFLv 79 years agoFavorite Answer
was it a felony count? what was the charge? how long has it been? how old were you then? how old are you now? wer you FOUND guilty, or didy plead guilty (there s differene)
in any case,your odds are not that good.
if it was a felony, forget it. i don't think there is any way this happens for you.
an 'appeal' is an option, but in most cases like this, there is a statuatory deadline (like 2 years) in which an appeal can be filed. if you go beyond that time line, you are S0L. evev if you are within the time deadlines, filing an appeal doesn't mean your case will be heard. an appeals court is an entirely different baby than the original court. generally,you must have some legal basis in which to file an appeal . you'd have to argue the original evidence was flawed, the jury (if there as one) was given inadequate instructions, or the judge errored in some way, or some excalpatory (key word) evidence was not considered that would have proven your innocense. if you plead guilty, appeal options are even more limited. if an appeals court even reviews it (not likey), and they determine your new claims would not have changed the outcome, they will deny your motion for a new trial. .
options? not many. you can file a brief wih the court where you were sentenced and ask for a reconsideration, cite you were young and dumb, explain and demonstrate how you've lead a stellar life since, have no run ins withthe law since, submit reference letters from minister's, the mayor, etc, and sk the verdict be expunged from your record, "as doing so may give me the oportunity to pursue a career with the army i may not otherwse get". and maybe the judge will find sympathy. you are still convicted, but it can remove it from general record searches. a judge may not have that power under law, and if he does, there is no obligation to do anything.
.the only other option i can see is ask for a pardon from the governor. that is tough. in most states, that alleviates you from the crime, but does NOT remove it from your record.
trying to talk it down to under 500 will do no good. you are already convicted. that would have been a pre-trial motion.
even if you are successful, it may do you no good, as the military would look at it as 'adverse adjudication', a conviction of the original crime, and they frown on 'deals'. but at least you could say, "but a judge expunged the record".
in today's recruiting climate, where they can fill all slots without this hassle, i just dont see it working out for you
sorry. good luck
Source(s): 23 years air force, retired special operations - Anonymous9 years ago
1. Expunged/diverted/sealed means two things to the military...jack and sh*t
2. Getting the legal process changed in order to enlist is an automatic DQ
- ?Lv 69 years ago
Not going to happen . if convicted , you are convicted , expunged means nothing to the Military
? is correct when he says it means jack and **** . you have no chance
Source(s): US Army Retired E - 8