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  • Arrest Record Eligibility

    Hello, my name is Dylan. Age 20, Male from New Jersey.

    I'm going to be as brief as I can but provide all details. Since age 11 I've sought to join the Military and then obtain a career in law enforcement. From 11-17 I was a police explorer in my home town. At 17 I got an internship with a local police department. During my police internship I met and became romantically involved with my first girlfriend. By March 2011 our relationship had ended and I immediately began screwing up. 3/31/2011 I left a stupid note on my ex's car seeking reconciliation and all it landed me was arrested the next day at my internship charged with Domestic Violence (hate those two words) Harassment, a disorderly persons offense in NJ. No restraining was issued, just a No contact order. Fast forward two weeks and I stupidly drove past her house trying to cure whatever uncalled for obsession I had. Just my luck her father was just driving by too and proceeded to follow me. Police initiated a motor vehicle stop and I was detained, interviewed by detectives and subsequently charged with a slew of felonies including 1. knowingly violating a judicial order 2. 4th degree stalking (by far bullshit charge) 3. Another Disorderly harassment charge 4. a Summons for a 4th degree weapon possession- there was a hammer in my car, as it was used for a job of course during the time her father chased me it fell on the floor and the police understandably felt I was possessing it to do harm, even though during my interview it was clear there was zero physical threat ever in any of this. So I was transported to county jail on $28K bail (her father is friends with the police so he made sure it was guaranteed I'd be visiting jail to get the point across to leave his daughter alone). I bailed out the next day and immediately went to my local department of human services to discuss the rough times from my first breakup. Stupid young man not using his brain I was.


    So that night a TRO was issued and the next week was the FRO hearing. I went without an attorney, botched my testimony and a Final restraining order was issued and in NJ they never go away until a petition reaches the court and it is dismissed. I retained a criminal defense attorney and long story short all charges were dropped under NJ's Pretrial Intervention program which I completed problem free. The restraining order is still in effect which obviously prohibits my owning of a firearm. The girl made her point and I assume plans on keeping it in effect because she knows I can never then work in Law Enforcement and she even told me via text message that that was her goal. I plan on eventually hiring an attorney and trying to have this vacated which would then leave me available to own and possess a firearm. The initial harassment charge was brought up with the later charges and all were adversely adjudicated. Total of 3 or 4 "felony" charges and 2 misdemeanors. No convictions.



    Going back in time now though just after the girlfriend problem- it sent me into a short downward spiral and tension grew in my home between myself and my two alcoholic parents. I ended up being arrested three different times for petty family bullshit. After my father has a few drinks hes a violent man and ended up chasing me one day and while running away I grabbed the back windshield wiper of his PT Cruiser to throw at him and while doing so the pressure on the wiper arm broke the window. Mind you at all three of these arrests I was the one who called the police but managed to be the one ending up in handcuffs. It happens. All three of these incidents were dropped by the first appearance on motion from the prosecutor, no probation.


    Now today July 19 2013. No problems in over a year and a half, like I said that restraining order is in effect but all circumstances accounted for I should be able to get it vacated without a problem, unless this girl plays her fake fear game again. There was never any physical altercation with her, never threats to do any physical harm, not a bone in my body would ever hurt her. She was and is rightfully pissed off at me for blowing up her phone for over 3 weeks and I got what I had coming. Legally though I was not truly guilty of any of the charges (which I know at least the USMC uses to determine waiver eligibility). All charges were based on an intent that I intended to make her fear for her safety when really I was trying to get back with her. Is there even a chance the NG or any branch would even touch me? Amazing how I allowed a girl to control me and put myself in several icky situations. Is this something I should even bother trying or just forget about it? When I think about how I've been arrested 5 times I feel like a complete fool and feel thats definitely a no even before the entire story is heard. Any personal advice is greatly appreciated.

    I'lld edit and add that currently none of this is expunged. Don't have $1500 right now but as soon as I do, ALL of this (except the FRO) will be expunged. I know I obivously still have to disclose, thats why I'm here.
    Thank you for your time, stay safe!

    God Bless
    Last edited by DucatiDCF; July 19th, 2013, 09:59 PM.

  • #2
    Re: Arrest Record Eligibility

    First off, you need to take a step back and realize you're a huge part of your problem. Re-read your post, driving by her house with a NCO, leaving notes, blowing up her phone ect are not good signs. Her dad being friends has nothing to do with your arrest, DV is an automatic arrest in probably every state.

    Second, you're probably going to have issues with the diversion program. The Army will look at it as the same as a guilty plea.

    Third, the NCO. It's the same as a restraining order. Some states just call them a different name but they are the same. You would probably have to get this removed or at least modified so you can legally posses a firearm.

    All of this would show up on a background check.

    Go talk to a recruiter and see what your chances are and if they will even work with you.

    Comment


    • #3
      Re: Arrest Record Eligibility

      Originally posted by RedLeg View Post
      First off, you need to take a step back and realize you're a huge part of your problem. Re-read your post, driving by her house with a NCO, leaving notes, blowing up her phone ect are not good signs. Her dad being friends has nothing to do with your arrest, DV is an automatic arrest in probably every state. DV is only an automatic arrest if there is bodily harm to a person upon police arrival. The automatic arrest is a result usually from actual "violence" per the common definition of the word. However, OP was still not on his A game by acting this way.

      Second, you're probably going to have issues with the diversion program. The Army will look at it as the same as a guilty plea. You got one.

      Third, the NCO. It's the same as a restraining order. Some states just call them a different name but they are the same. You would probably have to get this removed or at least modified so you can legally posses a firearm. A NCO in New Jersey is NOT the same as a restraining order. A NCO is a court order issued in conjunction as a condition on bail and is not domestic violence related. The NCO went away once the criminal charges were disposed. The TRO and FRO in new jersey are domestic violence restraining orders and only have firearms prohibitions for CIVILIANS....

      2C:39-7b Certain Persons Not to Have Weapons(3)A person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned, or who is subject to a court order prohibiting the possession of firearms issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.


      All of this would show up on a background check.

      The TRO and FRO does not show up on a criminal background check as those are CIVIL orders. They are not criminal.



      Go talk to a recruiter and see what your chances are and if they will even work with you. They wont, he is still DQ.
      ............

      Comment


      • #4
        Re: Arrest Record Eligibility

        OP....you need to wait at least another two years and file what is called a "carfagno application" in NJ. That is assuming you stay our of trouble. Time is your friend in these event, but the court case carfagno vs carfagno heard at the NJ Supreme court lays out the factors to consider to dissolve the order.

        divorcelawyerofnj. com/wordpress/2009/01/29/dissolving-a-domestic-violence-restraining-order/

        NJ has the most ridiculous DV laws in the country. Its almost criminal what they do to you.

        Comment


        • #5
          Re: Arrest Record Eligibility

          Originally posted by realitycheck View Post
          OP....you need to wait at least another two years and file what is called a "carfagno application" in NJ. That is assuming you stay our of trouble. Time is your friend in these event, but the court case carfagno vs carfagno heard at the NJ Supreme court lays out the factors to consider to dissolve the order.

          divorcelawyerofnj. com/wordpress/2009/01/29/dissolving-a-domestic-violence-restraining-order/

          NJ has the most ridiculous DV laws in the country. Its almost criminal what they do to you.
          I also forgot to add that before you do this, you will want to get everything expunged. One of the areas in the carfagno petition talks about criminal history and violations of the order. Once expunged you will be able to legally declare on that petition that none of this ever happened, which will increase the chances of it being dissolved.

          Comment

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