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Waiverable Offenses
Last Post 16 Mar 2018 07:30 PM by eirikr1. 7 Replies.
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Wrcld1User is Offline
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Wrcld1

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23 Feb 2018 01:32 AM
    Greetings! I have a question that I hope can be answered. I would love to volunteer and give back in some way, to a nation that has been so good to me and my family. My question would be, can someone with a felony conviction from over 20 yrs ago, join the US Coast Guard Auxiliary? I have a conviction from 1996, from when I was a young and dumb kid, that I would hope could be waiverable. Not drug or sex related, and with a 30 day sentence. Would this keep me out of the Auxiliary? I had heard that the US government only considers a crime to be a felony if the sentence is for more than 1 yr. I need some advice on this. FYi:  I am beginning the expungement process in the State of Missouri where the offense occurred.
    Old Guard2User is Offline
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    Old Guard2

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    23 Feb 2018 06:15 AM
    First, getting the charge expunged won't remove that from your record, the military can always see it. So unless you have other reasons to go through that and the expense, don't bother if it is for the Aux only. Because Auxiliary is non-paid, volunteer, it is less scrutinized. That doesn't mean there isn't some scrutiny into a persons background and history. You'll have to talk to the flotilla nearest to you, be honest, see what happens. You said it was a one time, young and dumb thing. We were all young once and all did some pretty stupid stuff. Yours was just a touch more stupid to catch a felony charge. That doesn't mean you will be persecuted for all your life. Go, sit, talk, ask... I'm certain they will be reasonable and decide fairly. Best of luck!
    Sector NY, Staten Island
    AuxnoobUser is Offline
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    Auxnoob

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    26 Feb 2018 07:55 AM
    I am going to copy the exact wording of the Auxiliary Manual for you, and it does state there is an opportunity for a waiver. What Old Guard2 has said if right. Go, sit, talk, ask. Note the part about a waiver. It is not a given, but possible. Here is the exact wording (I don't have the additional wording from the recruiting manual):

    Application for Auxiliary membership should be denied by the Director if
    the applicant indicates any conviction, particularly those related to drug
    possession or use (including trafficking, trading, selling), sexual deviation, or
    aggravated assault, as set forth in the Coast Guard Recruiting Manual,
    COMDTINST M1100.2 (series). Paragraph A.4.e below provides additional
    details. Such denial shall be regarded as final. However, the Director may
    forward an application to the Coast Guard Security Center (SECCEN) for
    normal PSI processing with a recommendation to waive the felony
    conviction as a reason for an unsuitable for service determination if the
    Director determines that reasonable circumstances exist for such waiver
    consistent with provisions of the Coast Guard Recruiting Manual,
    COMDTINST M1100.2 (series).

    Additional Sec A.4.e

    A.4.e.
    Disclosure of
    Felony, Major
    Misdemeanor, or
    Minor
    Misdemeanor
    Conviction
    The following provisions deal with the requirement to provide notification
    and information regarding conviction for a felony, major misdemeanor, or
    record of minor misdemeanors when applying for Auxiliary membership.

    A.4.e.(1)
    Required
    Conviction
    Information
    Applicants with a conviction for a felony, major misdemeanor, or record of
    minor misdemeanors shall submit the following with their enrollment
    package:
    (a) Any records regarding the conviction(s).
    (b) Letter briefly explaining the background and mitigating circumstances.

    Any applicant who fails to provide such notification and information as part
    of their enrollment package shall be disenrolled by the Director upon
    confirmation of these missing elements. Such disenrollment shall be
    regarded as final and will not be subject to appeal.

    A.4.e.(2)
    Waivers
    If the conviction is for a waiverable offense, and the Director determines that
    a waiver is appropriate, then the Director shall submit the applicant’s PSI
    package to the SECCEN with a notice of intent to waive the felony. If not a
    waiverable offense, the Director shall reject the application in accordance
    with paragraphs A.4.a thru c above.

    A.4.e.(3)
    Information
    Retention
    Copies of all correspondence associated with these aspects of Auxiliary
    membership shall be kept in the individual’s file in the Director’s office.
    eirikr1User is Offline
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    eirikr1

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    08 Mar 2018 10:44 PM
    " I had heard that the US government only considers a crime to be a felony if the sentence is for more than 1 yr."

    Were u charged and convicted by the US Government or by the state? It makes a difference as to whose rules apply, and thus whether it was recorded as a felony or not. You state that you were given 30 days, but were you exposed to more than one year? most states consider a possible sentence of more than a year to be the definition of a felony. An expungement means as far as the state is concerned, it never happened. If the feds can find it, they might not see it that way. (depends on the commonsense and anal retention of the fed official involved.)
    Wrcld1User is Offline
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    Wrcld1

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    13 Mar 2018 03:35 PM
    Convicted by State of Missouri, not federal government. I know Arizona, where I currently reside, only considers it a felony if over 1 yr sentence, hence, I was permitted to be licensed as a Security Officer in Arizona.
    eirikr1User is Offline
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    eirikr1

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    14 Mar 2018 12:44 AM
    "First, getting the charge expunged won't remove that from your record, the military can always see it."

    Expunge is the fancy legal word for erase. A charge that has been "expunged" from the state database (and thus NCIS) has been erased, removed, and is no longer there. If a cop pulls you over for a ticket and does a radio check for warrants and past arrests, it will not show up.

    That being said, an expensive federal investigation for a security clearance, *if* it goes far and deep enough, would still be able to find it thru several different methods.
    Old Guard2User is Offline
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    Old Guard2

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    14 Mar 2018 07:01 AM
    A local cop, even a statey won't be able to see it, that's correct. But the feds can always see it. How hard they look for it, I don't know. I'm just letting the OP know that there is a greater chance than not that even an expunged record can be found, by the Feds, if they are looking for it. If he/she is going through all that expense just to join a volunteer organization, it probably isn't worth the time and money. I really didn't need an English lesson or definitions provided. I'm a pretty smart cookie and already understood the meaning of the word.
    Sector NY, Staten Island
    eirikr1User is Offline
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    eirikr1

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    16 Mar 2018 07:30 PM
    =-> "But the feds can always see it. "

    incorrect; thus my post clarifying the information. The feds can always FIND OUT, and can always find out *IF* they try hard enough. Which actually highlights your point about whether spending time and money for an expungement is worth it, especially if one can be a security guard in spite of it. Others, I'm sure would spend whatever just to over it and "move on".

    =-> How hard they look for it, I don't know.

    There are three levels of looking for it. The superficial level is a radio check. Just like a cop on the side of the road, a park ranger on the side of the road, or a clerk typing in the information from an application and receiving the results on a screen from the same database.

    The second level is the "knee grabber" (as in bend over and grab your knees). At this level, an applicants fingerprints are compared to prints on file at NCIS against all applicants, all employees, all criminals, and all open cases. The address given is also searched in the database for anything significant. All professional licenses are checked with the licensing agency for disciplinary actions that may be relevant. This level is fifty-fifty on finding any expungements, and is more likely to NOT find one that is not obvious for some reason.

    The third level is the ankle grabber. This is an actual investigation, but can be database checking only or actual go out and speak to the former ex-wife, the ex-neighbor, and court clerks, etc.

    At both of the bend and grab levels, it should be known that you still have a court record of your expungement on file to prevent one from claiming "first offender" status every other year and getting an expungement every even year. Or claiming first offender status while on inactive probation in another case, etc. Such files are sealed - but have exceptions. Every application (to anybody) that you listed your expungement to is another lead an investigator can follow up on. Your local newspaper/TV station might be aware and have records. Bonding agencies, bail agencies, ditto.

    =-> If he/she is going through all that expense just to join a volunteer organization, it probably isn't worth the time and money.

    anything that is truly worth anything, isn't worth doing merely for a volunteer organization. Agreed 100%


    =-> I really didn't need an English lesson or definitions provided.

    Then you recognize rhetorical questions or other rhetorical devices when u see them?

    =-> I'm a pretty smart cookie and..

    don't mind bragging about it, apparently.
    Just keep in mind that others on the internet may be of lower/higher/comparable intelligence/experience/expertise on a particular subject on a given day or subject. Since the internet is global, (yes, I know u know that..) and the set of possible subjects a person can be the absolute top expert on is rather small, the odds are what they are.
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