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Am I need of a waiver?

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  • Am I need of a waiver?

    Note: The title of this thread was supposed to be "Am I IN need of a waiver"

    I asked online with the "chat with a soldier option"(I believe that's what it was) once last month and the answer seemed too good to be true so I wanted to double check If I'm still good to join with this "criminal" history.

    To make a long story short, in September of 2012 I was involved in a self-defense related shooting. I was given two charges.

    FIREARM: RECKLESS HANDLING VA Code Section 18.2-56.1 Class 1 Misdemeanor.
    &
    SHOOT IN PUBLIC PLACE: NO INJURY VA Code Section 18.2-280 Class 1 Misdemeanor.

    I was found innocent of the Reckless Handling charge, but found guilty of the charge of Shooting in Public.

    It's the only charge I have ever been found guilty of in my entire life aside from a few traffic infractions (under 5 infractions). Am I going to need a waiver for the shooting in public charge?
    Last edited by kpericin; May 5th, 2013, 08:41 AM.

  • #2
    Re: Am I need of a waiver?

    I'd also like to add that for the charge that I was found guilty of, all fines have been payed and I was not given any form of probation. I also would like to add that I do have a GED if that is of any matter.
    Last edited by kpericin; May 5th, 2013, 08:41 AM.

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    • #3
      Re: Am I need of a waiver?

      First of all, we need to determine what the level of offense you were convicted of is. My guess is SHOOT IN PUBLIC PLACE is considered a non-traffic offense which would not require a waiver. Read below and tell us what your charge falls under.

      According to AR 601-210:

      (1) If the maximum confinement under local law is 6 months or fewer, the offense should be treated as a other non
      traffic offense. If the maximum confinement under local law exceeds 6 months, but does not exceed 1 year, treat the
      offense as a misconduct offense. If the maximum confinement exceeds 1 year, treat the offense as a major misconduct.
      If the local law considers the offense a felony, then treat as a major misconduct.

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      • #4
        Re: Am I need of a waiver?

        I very much appreciate your service and the time you are taking to answer my question. I hope this information will help clarify exactly what kind of penalty the charge I was convicted of holds.

        "For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both."

        Quoted from the code of Virginia.

        Is the charge that I was found innocent of or my GED going to be a factor?
        Last edited by kpericin; May 6th, 2013, 02:44 PM.

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        • #5
          Re: Am I need of a waiver?

          Good luck with the GED..........thats another beast you got to deal with.

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          • #6
            Re: Am I need of a waiver?

            Originally posted by AIRBORNE View Post
            Good luck with the GED..........thats another beast you got to deal with.
            Are they not accepting people with GED's now or something?

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            • #7
              Re: Am I need of a waiver?

              I now understand that ominous statement. I will have to take the AIMS/TAPAS Psychometric personality tests and score well on them in order to move on. Well, good thing both tests have a nice big pdf file explaining exactly what they are and how they work courtesty of the DOD it's self.

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              • #8
                Re: Am I need of a waiver?

                Check the forums on GEDs. There are new special rules regarding them and getting into the Guard.

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