I've got a problem

[BR34]

Background:
I was arrested 6 years ago. Most of my charges were dropped but I went to court for 1 ct. simple burglary (felony). My conviction was suspended on grounds I complete 2 years probabtion, and 100 hours of community service. After being released from probation I recieved a pardon from the Governor. My conviction was dismissed (article 893) and I began the process of getting my record expunged. My record is now completely clear of any felony. I know this because I have since bought hanguns, rifles, and a shotgun. And also because the Marine Corps can't pull the conviction...or the arrest up on any background check.

My delima:
I was 100% honest with my recruiter and the SSgt that used to be in command of the RS. I even showed them my paperwork stating that my expungement was complete, and what charges were expunged. They did mulitple background checks and found nothing. They told me to just not say anything about it at MEPS and there would be no problem. Since I was still very uneasy about doing this, they sent me to the Parish Prison where the Sherrif runs civilian background checks for 10 bucks. After paying the money they too found nothing on my record. I still wanted to tell the guys at MEPS about this but my recruiter and his SSgt. warned me of something I hadn't thought of. If I were to tell the MEPS people this, or my recruiter documented it, I wouldn't be able to get a waiver for it because there is no paper trail to show the command for waiver consideration. I'm due to ship Jan. 8th for boot camp and I'd really hate to have this hanging over my head for my entire time in the Corps. I'm wondering is there any way for the Marine Corps to get these records so that I can come clean and go through the waiver process?

I'm worried because even though they can't find them now, I read that on the security clearance questionnaire there is something that must be signed to release expunged records. Is there a way I can release these records BEFORE going active?

Also, I already lied during my enlisting by not coming forth with this information, so does this disqualify me if I tell the truth now, because of fradulent enlistment?

[rktect3j]

Here is the thing of it. It happened. The courts recognised it. You finished the probation and the community service. Your records were then expunged of the matter in their entirety and the military acknowledges the courts rulings on this. As of that day it was expunged it really no longer exists. Don't make any more waves if you do not have to . And you do not have to. Go through with this reckless plan of yours and they may end up keeping you out permanantly. Seems like the only person with a hang up on this one is you. The phrase "honesty is the best policy" needs to be tempered with a bit of common sense here. Nobody is trying to screw you on this issue. Let it go.

I just looked at your profile. You are 22 right now and this happened 6 years ago when you were 16. Drop it. Don't never bring this up again. Never. Your past ain't there to haunt you into your grave.

[BR34]

Well the reason I'm making a big deal about this is because I'm thinking of maybe making a career in the Marine Corps. The fact that I may need a security clearance and will then have this information become available to the investigators is bothering me. I don't want to go from a possible 20 year career as a good Marine to a 2 year career of a jailed/dishonarably discharged Ex-Marine.

This is already having an impact on my future in the Corps. I already had to remove Security Forces from my contract because of the TS Clearance for that job. I...just don't know!

Also, my profile should have said 82, not 84. I was 18 when this happened. Don't know what happened on my profile.

[Echo_Four_Bravo]

Just listen to rktect3j. You really should be good to go.

[SgtHMH]

Go to the Sheriff office and get a copy of the record check that shows your clear. Make copys of this and give one to your recruiter and one to meps. Don't have to say anything then because it shows clearly in black and white about it.

Marine Sgt. Veteran And California State Police Officer Retired in the line of duty, S.J. Hoss

[rhino1delta]

I'd follow up with the Sheriff too, BRO. And don't worry about anything "hanging over you" when you're in. You'll have much more to concern you. And hey, you get absolution before you get into battle . . .

[BR34]

I already had a check done with the Sheriff, it was blank...nothing there. But then I've been reading about these people...

A recruit had a felony conviction, as a juvenile, but the records were sealed. The recruiter performed a local criminal background check and it came back clean. The recruiter instructed the recruit to lie at MEPs, and the recruit was enlisted in the Delayed Enlistment Program. Months later, the recruit returned to MEPs to process for shipment to basic training. He was informed at that time that the FBI criminal background investigation discovered the juvenile felony conviction. He was discharged from the DEP, and can never enlist again (had he reported this originally, a waiver could have been granted)
An Air Force recruit was arrested as a juvenile, and the record was later expunged. A lawyer and his recruiter told him that he didn't have to report the arrest. The recruiter did a check with the local law enforcement agencies and found no record of the arrest. Based upon the advice of the recruiter and the lawyer, the recruit did not disclose the arrest on his enlistment documents. During the final week of basic training, he was removed from his flight and processed for a discharge for fradulent entry. A record of the arrest was found when conducting his security clearance background investigation. (The military requires that you report *ALL* arrests, regardless of the final outcome).
I almost joined the Army a few months before joining the Marine Corps (Marine recruiter told me I couldn't join because of screws in my ankle so I settled for second best...almost). They also found nothing on my record but they somehow got records from the jail I was held at that stated I was incarcerated there, but not for what. They then had an FBI check ran and found my charges listed on their database. That's pretty much exactly what happened in this case above.

These people were in damn near the same situation as I am. They thought all would be fine...and now they're probably working at McDonalds because of a less than honarable discharge. I don't need the headache. I'm 24 years old and if I get ****ed in Bootcamp I will be too old to start over with my life...especially with that on my record.

I've been to jail once. It ain't a fun place, and I don't intend on going back. Also, I love to shoot/collect firearms, and this will take that away if I'm caught.

I'll just confess my sins and if I'm not allowed to join I'll live with it. I can live with that easier than I can live the rest of my life with a fraudulent enlistment on my records.

Thanks for all the responses, Marines. I appreciate the advice, but I just think I'm too old, with too many responsibilities to take this kind of risk. I'll report back tomorrow and let you all know how ****ed off my recruiter and the MSgt are, and what, if anything I can do to right my wrongs.

[SgtHMH]

Make copys of the record that shows your clean and it is clear and give them copys. You are not telling anything, it shows it there in black in white to them. What is more clear than that, than paper work.

Sgt. Hoss

[Echo_Four_Bravo]

You have to report that you were arrested. But, the conviction doesn't exist. You are not a convicted felon. Be honest about the arrest- speeding tickets, and everything else. But if you say you're a convicted felon you would then be falsifying the documents, because you are not.

[BR34]

Make copys of the record that shows your clean and it is clear and give them copys. You are not telling anything, it shows it there in black in white to them. What is more clear than that, than paper work.

Sgt. Hoss

Sgt. Hoss, the problem is that I've already been to MEPS and am already in the D.E.P. I already lied on my paperwork when I said I was never arrested.

You have to report that you were arrested. But, the conviction doesn't exist. You are not a convicted felon. Be honest about the arrest- speeding tickets, and everything else. But if you say you're a convicted felon you would then be falsifying the documents, because you are not.

So people who have recieved expungements are no longer considered felons?

My goal right now is for the Marine Corps to know any and all run-ins I've had with LE. I've already documented a simple battery charge (fight in high school) and speeding tickets I've got. They have no clue, however (yet) of my felony arrest record. It may not ever come up during my time in the Marine Corps but I'd like to cover my ass just in case.

[ErikHeiker]

Geez. When I was in bootcamp we had a guy who was given two choices on a manslaughter charge...go to jail or join the Marines. He decided the Marine Corps wasn't such a bad deal.

[GySgtRet]

I for one appreciate your honesty. You had merntioned in one of your posts that you think that you are too old and have to many responsibilities. What are those responsibilities exactly? From what I have read you have been given some very sound advice. I can understand your apprehension though, you want to be honest and that is a mark of intergrity exactly what the Marines Corps looks for. When I recruited back in the 80s the Marines Corps worked on "the whole person concept", your entitled to mistakes in your life that is how we learn to be who we are. I had some people that were questionable but made the grade, it isn't up to recruiter make sure that you are qualified only that you do. Recruiters are not doctors or lawyers unless that is their MOS and the Corps has no doctors.

ErikHeiker, mentioned that there were felons in his boot platoon so did I have them in my platoon. Back then things were a wee bit different though not that the standards were a whole lot lower the criteria were different. I know that this bugs you it would most people. I am not advising that you do or don't tell anybody anything you have to do that. It is a tough descision to make no doubt.

Good luck and let us know how things go.

[SgtHopperUSMC]

I just saw two co workers walked out of a very good gov't job because they failed to tell all. Even the small stuff. They had been working for three years here. The same people do the military background checks. I don't want to ruin your chances but someone stated that honesty is the best policy but temper it with common sense? Well why do you think they do the check anyway? They are looking for honesty. If you lie now you will probably lie later in their view. Get the paperwork and give them the copies for proof.

Keep in mind you also payed your dues. You don't forget the past but you can learn an awful lot from it.

Semper Fi, God Bless,
Hop

[BR34]

I for one appreciate your honesty. You had merntioned in one of your posts that you think that you are too old and have to many responsibilities. What are those responsibilities exactly?

I have a 4 year old and I will be married Jan. 5th. I feel that possibly getting kicked out of the Marine Corps will have such a bad impact on my life that their lives will also be negatively effected. At the time of graduating boot camp I will be 25, married for 3.5 months, with an almost 5 year old child. That's not a good point in my life to have to start from scratch. I know that the Marine Corps doesn't need me, nor will I have a huge impact on the Marine Corps. The Marine Corps will go on with or without me. My family on the other hand will suffer if I take this gamble and loose.



I just saw two co workers walked out of a very good gov't job because they failed to tell all. Even the small stuff. They had been working for three years here. The same people do the military background checks.


This is why I want to go into the Marine Corps with everything in the open. I don't want to feel that the axe can come down at any moment. I may want to stay in and retire, and I know that in a 20++ year career there will be AT LEAST one security clearance.



And to update the situation for everyone. I talked to my recruiter earlier this morning. He tried to talk me out of but I had to insist on going this route. He told me he's going to brief the MSgt and give me a call this afternoon to let me know what steps we need to take. I also have an appt. with them both tomorrow morning to sit down and discuss the things that will need to be done.

The odd thing about our conversation..even though my recruiter is probably facing a serious ass chewing, he seemed to be more worried about the stressful tone in my voice than his own well being.

Something that made me just a little bit hopeful (at this point I'm not trying to get my hopes up) is the last words my recruiter said to me; "I don't think it's going to be as big of a deal as you and me or making it out to be."--In reference to the process to get a waiver.

So...that's where I am now. Hopefully all goes well. Thanks for all the words of wisdom.

[David Jameson]

You do not have a record.

[GySgtRet]

You are now a dependent waiver too. Does your recruiter know this? Again I for one appreciate your honesty. Its is up to you.

[jinelson]

Robin you have made the right decision.

[BR34]

You are now a dependent waiver too. Does your recruiter know this? Again I for one appreciate your honesty. Its is up to you.

Yes, he had my fiance' and I fill out some paperwork and have it notarized. I should be okay there.


Thanks, jinelson.

[GySgtRet]

There is only one thing left to do.

Getr done.