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Old 10-31-2018, 10:45 PM
 
172 posts, read 564,236 times
Reputation: 123

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I was falsely initally charged with att. murder while defending myself and family from a violent drunk. The case was dsimissed before trial and i am in the process of expunging it, just waiting on the state.

Will this affect me from joining the coast guard and or prohibit me? Also does it matter if its expunged or not even though im not convicted of anything in my history?
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Old Yesterday, 07:17 AM
 
Location: San Antonio
3,199 posts, read 9,243,155 times
Reputation: 4745
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.
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Old Yesterday, 07:23 AM
 
Location: San Antonio
3,199 posts, read 9,243,155 times
Reputation: 4745
The reason for this is:
Not being convicted does not mean you were not guilty- in many cases it just means there wasn't enough evidence. Guilty people can often avoid conviction.
The recruiting commander will want to evaluate the situation. Why were you in a situation in which you had to kill someone in self defense? Was it irresponsibility or bad decision making that led you to the decisions that put you in the situation (maybe not, but they will evaluate it).
Do you have PTSD from it?
Etc
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Old Yesterday, 09:38 AM
 
Location: Texas
6,570 posts, read 2,377,384 times
Reputation: 14039
Quote:
Originally Posted by dmarie123 View Post
The reason for this is:
Not being convicted does not mean you were not guilty- in many cases it just means there wasn't enough evidence. Guilty people can often avoid conviction.
Etc
That's contrary to the way our legal system operates: you are innocent until proven guilty in a court of law.
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Old Yesterday, 11:19 AM
 
Location: New Mexico U.S.A.
24,152 posts, read 38,928,795 times
Reputation: 28129
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.
And you left out some important points to dmarie123 's comment....
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Old Yesterday, 11:22 AM
 
Location: Newport Beach, California
31,508 posts, read 18,468,957 times
Reputation: 12187
Quote:
Originally Posted by yellowboy06 View Post
I was falsely initally charged with att. murder while defending myself and family from a violent drunk. The case was dsimissed before trial and i am in the process of expunging it, just waiting on the state.

Will this affect me from joining the coast guard and or prohibit me? Also does it matter if its expunged or not even though im not convicted of anything in my history?
Yes and Yes.

But the good news is that you might be able to get a waiver. Be 100% honest about it and talk to a recruiter.
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Old Yesterday, 11:54 AM
 
Location: Wasilla, AK
5,892 posts, read 3,164,394 times
Reputation: 11924
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.

The military is not a court of law.
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Old Yesterday, 01:14 PM
 
172 posts, read 564,236 times
Reputation: 123
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.
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Old Yesterday, 01:30 PM
 
Location: Newport Beach, California
31,508 posts, read 18,468,957 times
Reputation: 12187
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.
The waiver process is a filter to prevent enlistment of persons whose social habits are a threat to unit morale and cohesiveness while allowing those who may have made a couple of prior indiscretions, but still have a good potential to serve.

Just be 100% honest about it.

This is a good article for you to read,

"Remember, a waiver is only required because the circumstance being waived is disqualifying. Many people do not make it through the conduct waiver process – in my experience, most of those disapproved were a result of the person being disrespectful; they almost seem to think the process to be a waste of time. Also, during the conduct waiver process, many applicants would blame someone else for the charges. They refused to take ownership of their past indiscretions. My best advice; be humble and man/woman-up."

https://www.navycs.com/blogs/2010/05...for-enlistment

100% honesty + being truthful and humble and respectful, I think you would have a good chance of getting a waiver.

Best of Luck
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Old Yesterday, 05:50 PM
 
9,360 posts, read 15,818,519 times
Reputation: 17166
For the military, expungement really doesn't mean anything.

Last edited by joe from dayton; Yesterday at 06:02 PM..
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