PDA

View Full Version : Please: Need Serious Advice on my situation



Yam50thR6
12-26-09, 08:58 AM
Good morning Marines. I am a 26 year old currently in college for Criminal Justice with a good career and completely self sufficient. I wanted more with my life and did EVERYTHING for enlistment except swear in and sign a contract.

THE PROBLEM:
I was arrested and convicted of what I THINK was a Burglary and a felony at the age 16. I disclosed ALL information to my recruiter. My recruiter then contacted another recruiter in that state, did background checks for the ENTIRE state including the other two states I lived in the past 8 years (military family). NOTHING has turned up. The recruiter even called Juvenile hall, court, and D.A. and was told the same thing.. "if he has a juvenile record, you cant have it without obtaining a court order in this state". Three recruiters have tried to find any trace of my record that I know SHOULD be there.

THE HARD DECISION:
I was told by my recruiter that they cant find ANYTHING other than a few minor traffic tickets so there must be nothing on my record! He then said it is my choice to go back to MEPS to sign my contract and swear in if i so choose to do so.

Should I risk it eventually turning up and getting kicked out? I am getting old and time is running out. I think this may be the one chance I get in my life. Your thoughts and Opinions please! My father, Air Force Captain, said I should go for it because this is my one shot and all I have to fear is getting kicked out and sent back home. PLEASE HELP!!

sparkie
12-26-09, 09:10 AM
If it ain't there, it ain't there. Go by the advice of your recruiter. Do you have something to gain by not trying?

Yam50thR6
12-26-09, 09:14 AM
I appreciate your advice Marine. I want to sign but worried it may show up in FBI checks and I get seperated with Fraudulent Enlistment and RE-4. I would be embarrassed and upset after everything ive done. I also would need to change my enlistment paperwork where it asks about police involvement which I am worried about MEPS catching and asking "why did you change this answer from yes to no?"

sparkie
12-26-09, 09:17 AM
"why did you change this answer from yes to no?"

Tell the truth at MEPS.

Yam50thR6
12-26-09, 09:36 AM
I completely understand BUT... I believe they would DQ me till they get some type of paperwork and since I can not get ANY paperwork from juvenile department without being in person with a court order, I would be screwed. Maybe I am making this more complicated than it is? It's been recommended to not mention it since there is no record.

Zulu 36
12-26-09, 10:07 AM
Admit it. If the recruiters can't find it, that isn't your fault. Perhaps if you were investigated for a top secret clearance it might be found, but if so, you already admitted to the potential existence. You told the truth and it isn't your fault the state makes it so hard to review juvenile records.

If you need a waiver, the recruiters should be reporting their inability to locate any such records as part of the waiver package. Your butt is covered.

Plus, since it's YOUR record, I don't know why YOU would need a court order.

Yam50thR6
12-26-09, 10:11 AM
If you need a waiver, the recruiters should be reporting their inability to locate any such records as part of the waiver package. Your butt is covered.

Plus, since it's YOUR record, I don't know why YOU would need a court order.

1) You are absolutely right about admitting it and getting a waiver even though it cant be found BUT that would mean I CAN NOT enlist because the Command General is NOT accepting felony waivers. I plan to ask my recruiter about a misdemeanor waiver because maybe i wasnt convicted of a felony, its record of admittal, and the waiver may be easily approved. Correct me if I am wrong.

2) California will NOT release ANY juvenile records to anyone but the actual person with the record unless court ordered and in person at the actual window with picture ID and signature.

Lisa 23
12-26-09, 12:09 PM
It's better to tell whoever you need to tell, your recruiter and those at MEPS who need to know, about your problem and cover your a$$. This way, everything is documented that a backgraound check was done with nothing coming up, and you won't be discharged for fraudulent enlistment.
It would really suck that if you got through most of boot camp and then got kicked out for fraudulent enlistment by withholding info.
It's better to be safe than sorry!

Yam50thR6
12-26-09, 12:21 PM
WMarine, you are absolutely right but they would then require a moral felony waiver if that is what I say I have on my juvenile record, and then I would NOT get in. correct?

Lisa 23
12-26-09, 12:44 PM
Most of us Marines here on Leatherneck aren't recruiters, and that's who you need to be talking with. We can't tell you if you'll be needing a waiver or not, we can only give you advice on what to do.
Check this site out on Criminal waivers........
http://usmilitary.about.com/od/marinejoin/a/criminal.-um-.htm

Personally, if it were me, I would rather get the waiver than being discharged for fraudulent enlistment. It may take a bit longer to obtain the waiver, if needed, but in the end, it would be worth it!
As I said before, it's better to be safe than sorry.

Yam50thR6
12-26-09, 12:48 PM
Totally understand and I was told by my recruiter that they cant find anything, so there is nothing, which means I wont need a waiver if I leave it at that and not bring it up. That is what I am torn up about.

Lisa 23
12-26-09, 02:18 PM
Well, don't know what other advice to give you. If your recruiter says it's not there, then it's not there. Just to cover your own arse, do mention it at MEPS. Have it all documented so that it won't come back to bite you in the butt.
Good luck!

Sgt Leprechaun
12-26-09, 07:13 PM
Exactly.

Disclose the arrest. Unless you KNOW FOR SURE that it was a felony (there are different catagories of Burglary and some aren't felony charges, others are), then just tell the MEPS folks about it and go from there. Tell them the recruiters have been unable to locate anything.

I think you'll be fine. The biggest question will be "Were you convicted?"

If the answer was no, then that, as they say, is that. No worries.

BR34
12-26-09, 07:23 PM
Have you tried personally going to the court/police station/etc. to have the record pulled?

Also, were you put on probation?

sparkie
12-26-09, 08:17 PM
Kickin this dead horse is just giving me a dirty boot. Appears to be givin more advice than takin.

I'm kinda done with your attention quota for the day.

Good luck.

Zulu 36
12-26-09, 08:27 PM
Totally understand and I was told by my recruiter that they cant find anything, so there is nothing, which means I wont need a waiver if I leave it at that and not bring it up. That is what I am torn up about.


It comes right back around to whether the juvy record can be accessed at some later time, say during a top secret clearance investigation. Those investigators know how to drill into the system, plus they can always require you to get the records if necessary. Better to have them now.

Call the court in question in California and ask what you need to do to secure a court order. Get any info they might release, such as case number, dates, etc. Ask if they will recognize an order from PA. If they will, go to the local PA court of equity (usually the county trial court for felony cases and law suits) and ask the court clerk if there is a do-it-yourself process. If so, do it. If you can get in front of a judge to explain the situation, so much the better. He/she might be willing to drop a dime on your behalf.

BR34 has a good point too. You can always try the local PD in question and see if they have anything they can help you out with. Since you were a juvy, call the youth bureau of the PD.