I am currently in the process of enlisting into the army. I had a dwi in which I paid a fine and am aware that I will need a waiver. However the sentence that I was given was conditional discharge. Which means that my case was closed but not completely. I don't not have any court appearances in the future and am not on any type of probation. According to my recruiting the conditional discharge for the dwi is considered an open charge and prevents me from enlisting until the period of conditional discharge is over. Is this true and what actions need to be taken to correct it.

Hello d:

Conditional discharge means there ARE conditions. Consequently, you are NOT free from supervision due to your conviction. The military is correct in refusing to enlist you, and you are not free to make the commitment they require.

I don't know if there's anything you can do to have the court release you. I'd write the judge a letter telling him exactly what you said here. Ask him to consider your letter to be a motion for early release. Send your letter certified, return receipt requested. Send a copy to the prosecutor too, and let the judge know you did.

Otherwise, you're going to have to wait.

excon