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Thread: a felony waiver question
08-21-10, 04:50 AM #1
a felony waiver question
I have a juvenile misdemeanor battery that was originally charged as a felony. It was from a fist fight at high school at lunch time. The arresting officer told me if the kid's injuries healed, it would drop to a misdemeanor by the time I went to court. He explained it to me as something of a formality to cover his a** (in case the kids injuries didnt heal), but nothing to worry about. He even escorted me to the back seat of his cop car with no cuffs on, which he told me was the first time he ever did that with anyone. I came to find out that according to USMC regulations the original charge is what the USMC looks at. So in their eyes, I have a felony battery. And Im disqualified
Through ssome research it seems that in cases where the original felony charge is dropped to a misdemeanor, and the type of felony charge and details of the case are not too bad, it is possible to get it waived (Like if it happened as a juvenile, and a lot of time has passed since then without a problem)
So could I qualify for this exemption?
08-21-10, 05:46 AM #2
I know its hard to get waivers anymore, but if any of you have any knowledge here and can give some imput on my situation I would greatly appreciate it.
I am positive I could get letters from the arresting officer and my schools principal that explain the situation just the way I said it, and they will both give great character referrals as well
08-21-10, 05:54 AM #3josephdGuest Free Member
I would say you don't have a chance to be honest...
We are not recruiters on here though, you need to go talk with a recruiter and get his take
08-21-10, 06:21 AM #4Phantom BlooperGuest Free Member
You may be able to petition the courts to expunge your juvenile record....a long shot.....but I would try this before you go to a recruiter.
This may be your only recourse....and if you have the officers name who told you all that....you may see if he will write a statement to the same.
Other than that advice is pretty much limited as you know the Marine Corps in this day and age is taking only those without a dirty laundry list.
08-21-10, 08:05 AM #5Phantom BlooperGuest Free Member
I just went back and re-read what posts you made............
WHAT have you done since you were given advice....on 06-15-10, 08:47 PM
Except ask the same question in a different format?
08-22-10, 01:38 AM #6
I went to a recruiter 5 months ago and the recruiter told me if you are arrested for a felony, no matter what happens during the case, short of ALL charges being dropped, you are viewed as a felon
So for the past 5 months I was crushed thinking I couldnt be a US Marine, one of the baddest people on earth, because of a standard fist fight as a juvenile in high school.
I did some research since then trying to find someone to confirm that the USMC only looks at your original arresting charge. Just last night I was finally able to find somewhere on the internet that confirmed this to be true. Then I learned that in these cases, where a felony arrest later becomes a misdemeanor, the Marines can determine on their own based on the facts of the case whether or not they will view it as a misdemeanor, or felony.
So to answer your question, since my last post I found something just last night that gave me a little hope and I was just looking to confirm this and knew this site was a good place to go until I go see a recruiter again. Sorry if it seemed I was asking the same question, I wasnt, Ive just lost almost all hope and am desperate to find some good news
08-22-10, 01:52 AM #7
I just saw your last post in the other thread, I took the initiative to go to the courthouse and obtain all my arrest reports and dispositions. I showed the recruiter, and It said plain as day on the front of the disposition that I had a misdemeanor. I even pointed that out to the recruiter when he said I was a felon. I didnt even have to plea down to a misdemeanor. The charge I was facing when I showed up to court was a misdemeanor, and that was what I ended up with
I dont deny responsibility for my actions, but dont think a typical fist fight in high school be judged this harshly
08-22-10, 02:03 AM #8
to be more clear the charges were dropped to a misdemeanor unconditionally
I didnt plea down, I didnt get a misdemeanor in exchange for community service, etc.
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