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Old 02-21-2019, 06:26 PM
 
4 posts, read 400 times
Reputation: 15

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A little background.... I just recently joined the Navy and (partially) went through MEPS. I was medically cleared, but was not able to sign a contract because of a pending bankruptcy. Once it is finalized and all is taken care of, I will be able to join (it had something to do with having an outstanding civil court date).

Anyways, I have not taken oath, and with all the paperwork Iíve been doing to finalize my bankruptcy, I managed to remember something from my past that I did not disclose to my recruiter. A few years ago I was charged with a UPM (long story short: I was in a friends car with three buddies, one of which had weed on him. when we got pulled over he ditched it in the car and did not Ďfes up to it being his, so we all got the charge.) After I went to court the judges dropped my charge. it was nothing special which is why I completely forgot about it)

I have to go back to MEPS to complete the background check and pick my rate, and swear in, but I donít want my background to get flagged. Is it too late to disclose this information to my recruiter or am I screwed? Any advice would be great, as I am very excited to join and donít want to jeopardize my chances of getting in.
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Old 02-21-2019, 09:45 PM
 
Location: Wasilla, AK
6,564 posts, read 3,608,241 times
Reputation: 13628
I'm thing you're screwed. But dmarie123 should be weighing in soon.
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Old 02-21-2019, 10:34 PM
 
16,012 posts, read 9,294,444 times
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Sorry but I doubt you 'forgot' about the incident. It happened two years ago and being charged with a crime and having to go to court is a nerve wracking experience. You should have been upfront about this from the beginning.

Most certainly you should be upfront about this now, but don't be surprised if you would be given conflicting advice if you do. I'm not saying all recruiters are bad, but there might be some that would tell you to keep it on the downlow since charges were dropped, without carefully analyzing the circumstances of the court's decision. You're pretty far into this enlistment process, that's why.

Remember, even if this doesn't come through on any background checks, once you take that oath, if something happens in the future and you get in trouble for not being open about the charges, it's all on you. Up to you whether you think that's a risk worth taking.


How Criminal History Affects U.S. Military Enlistment


Quote:
Even if an offense is not found during the recruiter criminal background check, it is likely to come up during a possible (probable) security clearance criminal records check. If an applicant fails to disclose criminal history and it is later discovered, the individual may be charged under federal law, or the Uniform Code of Military Justice for False Statement, and/or Fraudulent Enlistment.

Any offense which resulted in a conviction or "adverse adjudication" counts. Usually, if the charges were dismissed (without conditions), or resulted in an acquittal (finding of "not guilty"), they don't. However, sometimes the military will "count" an offense which resulted in a dismissal. For example, if you were caught shoplifting, and the charges were dismissed because the store owner didn't want to press charges, the military might count it.

On the other hand, if the charges were dismissed because the DA determined there wasn't enough evidence to prove you committed the crime, the military probably wouldn't count it. When determining whether or not an offense "counts" for enlistment purposes, the services are primarily interested in whether or not the applicant actually committed the offense, not whether or not a "legal" conviction resulted.
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Old Yesterday, 10:16 AM
 
Location: San Antonio
3,302 posts, read 9,538,756 times
Reputation: 5064
Quote:
Originally Posted by AlaskaErik View Post
I'm thing you're screwed. But dmarie123 should be weighing in soon.
Thanks!

I'm not a Navy expert. For the Air Force, you'd be disqualified despite the charges being dropped, and you would need the police AND court records (contact both, request records from both).

If charges were dropped with NO NO NO conditions, you might be good to go. That is to say, no fine, no classes, no "if you don't get in trouble for 60 days we'll drop it," or other conditions. They have to be unequivocally dropped, with NO CONDITIONS.

Any other scenario, and you would need a waiver (if Air Force). Most recruiters would be willing to do this waiver (in the Air Force), but I can't speak exactly to the Navy.

You NEED to disclose this or risk it being found out in an investigation later, and causing more problems. Talk to your recruiter. He/she will know how to advise.
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Old Yesterday, 10:33 AM
 
4 posts, read 400 times
Reputation: 15
No, I truly did forget. In New York, a UPM in not a crime, it is a violation. Similar to that of a traffic ticket. Not only that, but it was the judge that dismissed the charges. My public defender talked to him for a minute and that was that. Never paid a fine or anything, so no charges were given to me.

Technicially I have not lied on any official documents, I even went back over the NASIS background check and given the literal wording of the questionnaire, I have no failed to disclose or falsify any information.

As I have yet to have the background interview at MEPS I still the have to opportunity to disclose the information.
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Old Yesterday, 10:46 AM
 
10,890 posts, read 7,943,654 times
Reputation: 19412
If you're disqualified by disclosing it then don't. As you said you submitted paperwork in good faith. It didn't even occur to you. The wheels are already turning.
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Old Yesterday, 10:50 AM
 
Location: USA
808 posts, read 292,072 times
Reputation: 2140
Quote:
Originally Posted by hunterseat View Post
If you're disqualified by disclosing it then don't. As you said you submitted paperwork in good faith. It didn't even occur to you. The wheels are already turning.
What happens if/when he needs a higher clearance and this is discovered at that point? I'm sorry - I think your advice is bad.
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Old Yesterday, 11:39 AM
 
4 posts, read 400 times
Reputation: 15
Quote:
Originally Posted by k7baixo View Post
What happens if/when he needs a higher clearance and this is discovered at that point? I'm sorry - I think your advice is bad.
I really have no problem disclosing the information. And honestly, since I’ve only gone through medical, I don’t think I was ever given the opportunity to disclose the information. Maybe I will just discuss it with my recruiter and see what he says. I have intentions of going into the EOD program so I know at some point I will need higher clearance.
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Old Yesterday, 11:44 AM
 
Location: USA
808 posts, read 292,072 times
Reputation: 2140
I don't think that truthfulness, enthusiasm and readiness to serve are ever underrated. Your recruiter should see these qualities in you and hopefully, support you. Do us a favor, let us know how this shakes out. Best wishes.
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Old Yesterday, 12:48 PM
 
Location: New Mexico U.S.A.
24,740 posts, read 40,080,612 times
Reputation: 28863
Quote:
Originally Posted by gnarlybuns View Post
Anyways, I have not taken oath, and with all the paperwork Iíve been doing to finalize my bankruptcy, I managed to remember something from my past that I did not disclose to my recruiter.
I suggest you read this article completely:

Navy Criminal Disqualifications for Enlistment Requirements: https://www.thebalancecareers.com/na...ements-3354815
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