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Old 11-01-2018, 08:04 PM
 
Location: Eastern Washington
13,572 posts, read 43,338,659 times
Reputation: 11823

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Quote:
Originally Posted by yellowboy06 View Post
Sucks need a waiver even though i was not convicted at all and the judtice system wrongly chatged me by retrying the grand jury til they could get the indictment aka corrupt

Anyways id rather not get into speciifcs about the case online but i did not attempt to kill or kill anyone. Only to stop the attacker from possibly killing my family member as they intended.

Really sucks i thought the waiver process was if you were convicted of a crime which i have never been. Does it make a difference if its expunged at all and or what can i expect with the waiver process? Also my credit isnt very good either.

You might think that the military would look favorably on a guy who will fight when he needs to. But, apparently not so much anymore.



Seems to me that you were wrongly charged, and your actions were commendable, provided of course you didn't get into this situation as a result of gross bad judgment.
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Old 11-01-2018, 08:29 PM
 
Location: San Antonio
3,262 posts, read 9,411,514 times
Reputation: 4937
Quote:
Originally Posted by PriscillaVanilla View Post
That's contrary to the way our legal system operates: you are innocent until proven guilty in a court of law.
No. Legally being "no guilty" is not the same as being actually innocent. Courts of law do not declare anyone innocent, only "not guilty."

Being legally not guilty doesn't meant that you actually didn't commit the crime, just that you're not criminally or legally guilty.
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Old 11-01-2018, 08:30 PM
 
Location: San Antonio
3,262 posts, read 9,411,514 times
Reputation: 4937
Quote:
Originally Posted by M3 Mitch View Post
You might think that the military would look favorably on a guy who will fight when he needs to. But, apparently not so much anymore.



Seems to me that you were wrongly charged, and your actions were commendable, provided of course you didn't get into this situation as a result of gross bad judgment.
The waiver is just to make sure this is actually the case. Anyone can proclaim their innocence, but arresting officer records can show insubordinate, disrespect, combativeness, and the dismissal can show that there was a lack of evidence of guilt (vs evidence of innocent) and the Coast Guard gets to decide if they want to hire someone based on the totality of all the documents submitted and full picture of the events as they went down.

Joining the Coast Guard is not a right. The Coast Guard retains the power to decide who to hire.
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Old 11-01-2018, 11:35 PM
 
10,629 posts, read 7,744,357 times
Reputation: 18851
OP you should go through the process! There are a lot of good military people who had to get waivers. Life happens! Don't give up without a fight!
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Old 11-02-2018, 06:35 PM
 
Location: San Antonio
3,262 posts, read 9,411,514 times
Reputation: 4937
Quote:
Originally Posted by yellowboy06 View Post
Sucks need a waiver even though i was not convicted at all and the judtice system wrongly chatged me by retrying the grand jury til they could get the indictment aka corrupt

Anyways id rather not get into speciifcs about the case online but i did not attempt to kill or kill anyone. Only to stop the attacker from possibly killing my family member as they intended.

Really sucks i thought the waiver process was if you were convicted of a crime which i have never been. Does it make a difference if its expunged at all and or what can i expect with the waiver process? Also my credit isnt very good either.
- You will need the arrest records so the commander can see how you treated the responding police officers and their assessment of the situation
- You will need the full court records
- You will need a personal statement explaining everything about the situation
- A letter from the family member you saved corroborating your story may help
- If your credit shows delinquencies that can create a whole second waiver. Needing two waivers probably means the Coast Guard is out for you. It is the hardest branch to join. Fix your credit first!
- You will need a letter of recommendation from a teacher or employeer
- You will need to impress your recruiter with dedication and ethics

Good luck!
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Old 11-02-2018, 07:27 PM
 
Location: New Mexico U.S.A.
24,472 posts, read 39,601,425 times
Reputation: 28564
Quote:
Originally Posted by PriscillaVanilla View Post
That's contrary to the way our legal system operates: you are innocent until proven guilty in a court of law.

Military Law
What is military law?

Military law is the body of law that governs the members of the armed forces. The application of military law to members of the military reflects a recognition that such individuals are subject to different duties and expectations than civilian citizens.

What is the system of military law?

United States military law is found in the Uniform Code of Military Justice (UCMJ), Title 10 of the United States Code. It establishes military legal rules and procedures applicable to individuals in the military. The military law embodied in the UCMJ applies to the armed services at home and abroad, active and non-active. The coverage of the law is extensive, ranging from insubordination to theft. Additionally, the UCMJ implements many international laws of war which apply during an armed conflict.

The UCMJ establishes a separate military court system, the "courts-martial," in which trials involving military service personnel take place. Executive orders published in the Manual for Courts-Martial implement the provisions of the UCMJ on courts-martial. Various forms of military tribunals and commissions comprise the courts-martial system. The three most common forms of military tribunals are found in the UCMJ: General Courts-Martial, Special Courts-Martial, and Summary Courts-Martial.

Entire Article: https://www.justia.com/military-law/
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Old 01-01-2019, 04:43 PM
 
175 posts, read 571,887 times
Reputation: 123
Quote:
Originally Posted by dmarie123 View Post
Yes it will.

The question will be have you ever been arrested. Expunging something doesn't take you back in time and erase the event from reality, it just changes the way the event is recorded in the court system.

Page B-1 of the Coast Guard Recruiting Manual shows you need a waiver even if not convicted: https://media.defense.gov/2018/May/1...IM_1100_2F.PDF

If you were truly innocent and the charges were dismissed, waiver should be easy.

However, page A-6 says,
"Conviction
An adjudication of guilt by a criminal or civilian authority, either domestic or foreign, including
actions taken tantamount to a finding of guilt, e.g., adjudication withheld; deferred prosecution;
entry in adult/juvenile pretrial intervention programs; or any similar disposition of charges such as
imposition of fines, probation, community service, etc."

This means, if you paid 1 single dollar in fines, they'll treat you as if you were convicted. If you did one single hour of community service, they'll treat you as convicted. If you had deferred prosecution pending a year of good behavior, it is treated as a conviction.

If it was dismissed WITH NO CONDITIONS, zero strings attached, you should be good to go.
https://www.google.com/url?sa=t&sour...7iRqELEc5OkthP

This link mentions since I had paid no fines did nothing basically but had it dismissed i may not even have to mention it? Can confirm this is true?
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Old 01-01-2019, 08:19 PM
 
421 posts, read 479,649 times
Reputation: 273
Quote:
Originally Posted by joe from dayton View Post
For the military, expungement really doesn't mean anything.
It actually really does. It just depends on whether or not your situation is worthy of a waiver.

IE I had two friends who tried to enlist with expunged records. One got a waiver and the other didn’t... mostly it was due to how and why the expungement happened. This was last year.
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Old 01-02-2019, 09:00 AM
 
Location: San Antonio
3,262 posts, read 9,411,514 times
Reputation: 4937
Quote:
Originally Posted by M3 Mitch View Post
You might think that the military would look favorably on a guy who will fight when he needs to. But, apparently not so much anymore.
Not as much as they look favorably on someone who will follow orders they don't like. Not even following laws of our Nation is not a good sign that someone is a compliant order follower.
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Old 01-02-2019, 09:04 AM
 
Location: San Antonio
3,262 posts, read 9,411,514 times
Reputation: 4937
Quote:
Originally Posted by yellowboy06 View Post
https://www.google.com/url?sa=t&sour...7iRqELEc5OkthP

This link mentions since I had paid no fines did nothing basically but had it dismissed i may not even have to mention it? Can confirm this is true?
Completely not true.

The legal document you sign says have you ever been arrested? Have you ever been cited? Have you ever been ticketed?

It doesn't say "have you ever had a charge that wasn't expunged or dismissed."

It happened, you were arrested, or ticketed, or cited... so you must disclose it or risk a fraudulent enlistment or denial of enlistment. You might not need a waiver if there were legitimately zero consquences and it was dismissed WITHOUT a single condition.

I'm not sure what you mean by you "basically" had it dismissed. What it deferred adjuduction, meaning it was dismissed after a certain amount of time without you getting in trouble? If so, still counts. Or was it dismissed because they judge was like "Whoa, you obviously didn't do this crime, so case dismissed" because if that's the case, you might not need a waiver. If the judge was like "Looks like this is your first offense, so I'll be nice and dismiss it" then you need a waiver. Dismissed for a lack of guilt is way different than dismissed for mercy, at least in the eyes of the military.
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