Current policy on Recruiting when recruitee has a "criminal mischief charge

Good point but I doubt many would be interested in this. The short version provided to me by SFC Gannon was that if the judge had downgraded the conviction to Criminal Mischief prior to court, then the Army views it as criminal mischief. However if the judge intervened after the case was adjudicated, then the Army would see the original conviction and that would create a problem. Based on what the parent told me and what SFC Gannon advised, this kid should be good to go. However, I also since learned that the kid is home schooled which leads to other problems, but that issue has already been worked out.

Sir,<br><br>I have been in recruiting for over 12yrs and I do not know who SFC Gannon was speaking to at USAREC, but you can check out the regs on this issue, If you would like to send me an email. I can get to the bottom of this matter quickly. If it has not already been taken care of. One thing I do know. Even if the judge downgraded the charge based on the atty's recommendation still amounts to a OAD (Other Adverse Disposition) which is still considered guilty in the eyes of the Army. Now if the DA was to dismiss because of "Prosecutorial discretion/not enough evidence" then he would be good to go. Hopes this helps.<br>

Thanks but already resolved. He is in DEP and departs next month.

Actually these are both correct, there is only one federal data base the NICS The National Instant Criminal Background Check System which is connected to the FBI and the DOJ.  When your recored is expunged a judge actually sends a court order to have the infraction/misdemeanor removed from your record, paper copies are shredded and electronic copies are deleted.  There is no more record, period.  As far as sealing a record that information is not discoverable either "unless the person signs a form allowing someone to look at it" these have been in act for decades.  And yes they do run your finger prints and all arrests  and convictions show up, unless they have been sealed or expunged.  The law that is is under is the Code of Federal regulations (Privacy Act).  

I beg to differ.  I had a stupid mistake after I was already 18...and because I went to pre-trial diversion, I got it expunged after two years.  Never showed up again.

at the end of the day you will still need to state if you have ever had a case thrown out, expunged, or sealed. If you fail to do so you can be held for fraudulent enlistment. 

if you have addressable concerns take a look at the reg. AR 601-210.