Legal Question in Criminal Law in California

misdemeanor expungment verses clearing a charge with a determent program. Whic

My son wants to join the Navy in a position needing security clearance. He got a misdemeanor for possesion of marajuana but completed a determent program and got his case dismissed.My question is whether this is adequate to satisfy the Navy or if he will need to have it expunged and how to go about that.


Asked on 2/03/05, 2:14 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: misdemeanor expungment verses clearing a charge with a determent program.

Expungement will help with private employers, but not with security clearances, govt agencies, etc. He should do expunge the record, but it won't solve his issues with the Navy. He has to disclose it and see whether it will bar him from what he wants to do.

Contact me if interested in doing it now so the record won't hurt him for private employment.

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Answered on 2/03/05, 2:26 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: misdemeanor expungment verses clearing a charge with a determent program.

You should ask a Navy recruitment officer about this. Lawyers can tell you how the law works, but few of us know how various government entities will respond to a person's record. The Navy, not the courts, will decide whether your son gets the opportunities he wants. A recruitment officer will know a lot more than would a lawyer about how these decisions are made.

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Answered on 2/03/05, 3:23 pm


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