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  • Question regarding minor aged misdemeanor for possesion

    okay simply put, when i was a minor i was arrested for possesion of marijuana. i opted for probation before judgement or deferred adjudiaction, which basically means that if i complete the checklist of what the state i live in wants from me in the time after my arrest (ie; sign myself into a drug rehab class, not violate any further laws, and basically submiss myself if asked to so) then the charge will not go thru, hence therefore not be on my criminal record. which i did no problem. that was 10 years ago. i recently applied to be in the national guard and going thru their list of eligibilty questions we come to the arrest record area. now, in the policy of honesty, when he asked if i had ever been arrested, i said that i had as a minor and that i had opted PBJ (probation before judgement) and that even tho technically i WAS arrested, that my record would be clean. to which he responded ineligible. period. point blank. thank you, goodbye.

    okay so my next move was to go to college to which i would be needing governmental financial aid. now, anybody who knows anything about anything knows that if you have drug charges on your record that the federal government absolutely WILL NOT give you financial aid. so after applying i was successfully granted federal and state financial aid. to which i was extremely confused.

    so my question is, if the government will give me financial aid for college can i, for a lack of better words, omit that arrest when speaking to an eligibility questionnaire? like i said, i tried to be honest about it the first time and got the proverbial bitch slap. but i also know there is a fine line between omission and perjury, and id like to not risk my current freedoms over a maybe existent or maybe nonexistent charge.

    the other thing i have a question about is that, if i paid the 20 dollars to the FBI to run my criminal background to see if the charge is in fact nonexistent, could i take that paperwork in with me to talk with a recruiter? as an american, i feel it is my duty to stand up for my country and my people. quite honestly i feel as tho military service should be a requirement. please share your inputs people, im dying here!
    Last edited by thedon051586; December 1st, 2012, 01:30 PM.

  • #2
    Re: Question regarding minor aged misdemeanor for possesion

    For the purposes of enlisting The military does not accept deferred prosecution for any type of Enlistment purposes. Federal financial aid is only concerned with true convictions. In theory you may be able to squirt by omitting the arrest it depends on how are your state reports such convictions or dismissals into NCIC. There is very high likelihood the criminal record you and other nongovernment agencies receive would not be the same one that a government agency would see when they run your background sometimes and more times than not those types of scenarios are still reported but sealed and only released to certain entities. It is a complete crapshoot and your decision but understand the higher the security clearance you go after the more digging that is done any job that requires a top secret security clearance 100% will find out about that scenario because they will also run background checks in your hometown.

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    • #3
      Re: Question regarding minor aged misdemeanor for possesion

      thank you for that bit of clarification... so basically what i need to do is become a citizen of another country and go join their military.... that sucks.... i mean the guy told me that you know, things are always happening and that when we get into it with another country that is usually one of the first policies to go. but thats a load of **** in my opinion. i want to join when i want to join, not when its convienent for you or when your scrambling to fill the ranks. clearly getting arrested that one time straightened me up, hell my record shows that. i mean i get it, i would be getting paid by the gov and the taxpayers and theyre not gonna stick their necks out for someone who in their eyes is questionable. but i mean i WANT to lay down my life for my country. well, i wanted to at least. from what i hear from my people in the services theres not a lot of people with that way of thinking. but so be it. whats the old saying, it is what it is.

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      • #4
        Re: Question regarding minor aged misdemeanor for possesion

        Originally posted by thedon051586 View Post
        thank you for that bit of clarification... so basically what i need to do is become a citizen of another country and go join their military.... that sucks.... i mean the guy told me that you know, things are always happening and that when we get into it with another country that is usually one of the first policies to go. but thats a load of **** in my opinion. i want to join when i want to join, not when its convienent for you or when your scrambling to fill the ranks. clearly getting arrested that one time straightened me up, hell my record shows that. i mean i get it, i would be getting paid by the gov and the taxpayers and theyre not gonna stick their necks out for someone who in their eyes is questionable. but i mean i WANT to lay down my life for my country. well, i wanted to at least. from what i hear from my people in the services theres not a lot of people with that way of thinking. but so be it. whats the old saying, it is what it is.
        The thing you are struggling to understand is That serving in the military is a privilege and not a right. We do not have to take you.

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        • #5
          Re: Question regarding minor aged misdemeanor for possesion

          no you all have made me understand that very clearly. i just think that its a crock that violent crime offenders can get a waiver (i know more than a few who dodged jail by enlisting) but someone who smoked a little pot as a kid and got caught for it once can not. but thats my problem, ill get over it. its just a shame thats all, i feel as tho i would be a good soldier. but they dont want me, they dont want me. in the mean time ill just have to hope for a draft! thanks for your professional input, thats what i was after

          Comment


          • #6
            Re: Question regarding minor aged misdemeanor for possesion

            Originally posted by ParalegalNCO1 View Post
            The thing you are struggling to understand is That serving in the military is a privilege and not a right. We do not have to take you.
            @ thedon051586;
            Everything that you have said should be directed to the one that will push it to the meps station. ( A recruiter). Also, serving is not a privilege unless it is a cost factor. In States (Nation States) that view military members as an asset that should be recruited and retained with monetary reward/compensation or benefits of a nature that are appealing, serves to circumvent a draft solution. (See the U.S. Military draft statistics that ended in 1973.) As of today serving in the U.S. military is dry oil in the trigger mechanism of the 'fiscal cliff'. So yes, today it is a privilege. In 2004-2008 it was great pay to catch a bullet and all were welcome with all waivers. On January 2, 2013 we will see what is comparable to civilian pay, the economic situation, and what the end strength for services is set for. Is it a privilege or an economic allowance? Just my opinion.

            Comment


            • #7
              Re: Question regarding minor aged misdemeanor for possesion

              Originally posted by j.c. View Post
              @ thedon051586;
              Everything that you have said should be directed to the one that will push it to the meps station. ( A recruiter). Also, serving is not a privilege unless it is a cost factor. In States (Nation States) that view military members as an asset that should be recruited and retained with monetary reward/compensation or benefits of a nature that are appealing, serves to circumvent a draft solution. (See the U.S. Military draft statistics that ended in 1973.) As of today serving in the U.S. military is dry oil in the trigger mechanism of the 'fiscal cliff'. So yes, today it is a privilege. In 2004-2008 it was great pay to catch a bullet and all were welcome with all waivers. On January 2, 2013 we will see what is comparable to civilian pay, the economic situation, and what the end strength for services is set for. Is it a privilege or an economic allowance? Just my opinion.
              It is not being pushed anywhere by any recruiter because he doesn't meet the requirements and ineligible for a waiver. Post you opinions all you want, as ridiculous as they may be, but stay in your lane.

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              • #8
                Re: Question regarding minor aged misdemeanor for possesion

                ParalegalNCO1 has spoken......

                Comment


                • #9
                  Re: Question regarding minor aged misdemeanor for possesion

                  Originally posted by ParalegalNCO1 View Post
                  For the purposes of enlisting The military does not accept deferred prosecution for any type of Enlistment purposes. Federal financial aid is only concerned with true convictions. In theory you may be able to squirt by omitting the arrest it depends on how are your state reports such convictions or dismissals into NCIC. There is very high likelihood the criminal record you and other nongovernment agencies receive would not be the same one that a government agency would see when they run your background sometimes and more times than not those types of scenarios are still reported but sealed and only released to certain entities. It is a complete crapshoot and your decision but understand the higher the security clearance you go after the more digging that is done any job that requires a top secret security clearance 100% will find out about that scenario because they will also run background checks in your hometown.
                  Nah.....there is only one background check the FBI, where do you think they get their information from? The local police.

                  If it ain't in the FBI background check there is no record of it.

                  In a top secret clearance investigation, they do field interviews...and they start asking people....

                  I commend the OP's honesty....there are other things out there than the military...honesty is always the best policy....you did the right thing....take care.
                  Last edited by Chaplain4me; December 1st, 2012, 05:47 PM.

                  Comment


                  • #10
                    Re: Question regarding minor aged misdemeanor for possesion

                    Originally posted by Chaplain4me View Post
                    Nah.....there is only one background check the FBI, where do you think they get their information from? The local police.

                    If it ain't in the FBI background check there is no record of it.

                    In a top secret clearance investigation, they do field interviews...and they start asking people....

                    I commend the OP's honesty....there are other things out there than the military...honesty is always the best policy....you did the right thing....take care.
                    That's not true chap. Not everything is reported to the FBI/NCIC. When they do a SSBI for a TS, they do in fact send investigators to your local police for records checks. They will see all the minor bs stuff such as the OPs situation that wasn't reported the the Feds.

                    Comment


                    • #11
                      Re: Question regarding minor aged misdemeanor for possesion

                      Oh and also sealed charges generally are not released on record checks to the general public even to the person requesting their own record but they are still there and Would be seen which is the other point that I was trying to make I know I posted the words confusing way

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                      • #12
                        Re: Question regarding minor aged misdemeanor for possesion

                        @ Para
                        So, if the OP is not going for a Secret/Top Secret, the NACLC would still reveal what ever is on record;disqualifying the candidate without any adjudication? (Para...I am not being slick, just asking.)

                        Comment


                        • #13
                          Re: Question regarding minor aged misdemeanor for possesion

                          Originally posted by j.c. View Post
                          @ Para
                          So, if the OP is not going for a Secret/Top Secret, the NACLC would still reveal what ever is on record;disqualifying the candidate without any adjudication? (Para...I am not being slick, just asking.)
                          Honestly, I don't know. Every state runs there diversion programs differently. 50/50 chance. Not everything is input into NCIC, which is where the criminal part of a NACLAC.

                          Comment


                          • #14
                            Re: Question regarding minor aged misdemeanor for possesion

                            To get a diversion charge, means it's went through the Court/Law Enforcement. It'll show up. A background investigation will show it whether it has been sealed/expunged or not. Sealed/expunged at best means no one can get access to the original documents depending on your jurisdiction. At worst, it means they crimes cannot be used as past criminal history.

                            None of which changes OP's case. In OP's case, he was probably arrested and charged with a crime which he would have to admit on the SF-86.

                            OP, yes I get your frustration but it would be the same is if you applied to be a cop. Many agencies will not employ you if you have had a past drug charge. Remember as the force begins to draw down, the military has the ability to be more picky.

                            Comment


                            • #15
                              Re: Question regarding minor aged misdemeanor for possesion

                              Originally posted by RedLeg View Post
                              To get a diversion charge, means it's went through the Court/Law Enforcement. It'll show up.
                              As much as I agree with what you are trying to say, to say something this specific...you need to be more specific. Reality is not every arrest shows up....and if they are not after a security clearance the SF 86 means exactly diddly poo poo.

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