felony thats not a felony
Create Post
Results 1 to 11 of 11
  1. #1
    Marine Friend Free Member
    Join Date
    Feb 2010
    Location
    tampa
    Posts
    15
    Credits
    827
    Savings
    0

    felony thats not a felony

    I want to join the Marines but a couple months ago I walked into a Marine recruiters office and was instantly turned away. I brought my arrest report and disposition and as soon as the recruiter saw it he turned me away. I have a misdemeanor battery as a juvenile on my record. I got in a fight in high school and was arrested for a felony battery. The arresting officer told me that the felony would be dropped before I went to court unless the kid I fought showed permanent damage/physical disfigurement. The kid healed, and by the time I went to court it was a misdemeanor I was facing.

    On the front of my disposition that I showed to the recruiter it showed that the ORIGINAL arrest was a felony so the recruiter told me that in the USMC's eyes I had a felony. I briefly tried to explain that I was never facing conviction for a felony, but he said the ORIGINALl arrest was all that mattered.

    Does this make sense? Im positive the recruiter intended to be helpful, my only question is did he possibly misunderstand my arrest report in the 20 seconds he took to examine it?

    thank you


  2. #2
    Waivers are hard to come by these days with the Marine Corps meeting its quota and then some. They would rather take those that have no criminal or medical history and don't require waivers than those who do.



    United States Navy and Marine Corps
    Criminal History Disqualifications
    Felony Offenses


    Regardless of state or local law, for enlistment purposes, the following offenses fall into the Category of Felony Offenses:
    • Aggravated assault; with dangerous weapon; assault intentionally inflicting great bodily harm; assault with intent to commit felony.
    • Assault and battery on law enforcement officer or child under 16 years of age.
    • Arson.
    • Attempt to commit felony.
    • Breaking and entering (all types).
    • Bribery.
    • Bigamy.
    • Burglary.
    • Carnal knowledge of child under 16.
    • Check, worthless, making or uttering, with intent to defraud or deceive ($501 or more)
    • Conspiring to commit felony.
    • Criminal libel.
    • Draft evasion.
    • Extortion.
    • Forgery; knowingly uttering or passing forged instrument (except for altered identification for purchase of alcoholic beverages).
    • Grand larceny; embezzlement (value $501 or more).
    • Housebreaking.
    • Illegal drugs (See special rules for drug offenses).
    • Impersonating a police officer, civil official, military officer.
    • Indecent acts or liberties with child under 16, molestation.
    • Indecent assault.
    • Kidnapping, abduction.
    • Leaving scene of accident (hit and run) involving personal injury and/or property damage is over $500.
    • Mail matter: abstracting, destroying, obstructing, opening, secreting, stealing, or taking.
    • Mail, depositing obscene or indecent matter.
    • Maiming; disfiguring.
    • Manslaughter.
    • Murder.
    • Obstructing justice.
    • Pandering.
    • Perjury.
    • Public record; altering, concealing, destroying, mutilating, obliterating, or removing.
    • Rape.
    • Riot
    • Robbery
    • Sedition; soliciting to commit sedition.
    • Sodomy.
    • Stolen property, knowingly receiving (value over $500).
    • Theft, shoplifting (value over $500).
    NOTE: Consider offenses of comparable seriousness as a felony. In doubtful cases, apply the following rule:
    If maximum confinement under state or local law exceeds 1-year, treat the offense as a felony.
    A "felony" will be defined as a conviction or adverse adjudication by civil authorities (foreign or domestic), or action taken which is tantamount to a finding of guilty of an offense for which the maximum penalty is death or confinement under state or local law exceeding one year, regardless of state or local laws.

    An offense will be classified a "felony" without regard to the offender's age when the offense was committed, or whether the offense was disposed of by juvenile or adult criminal proceedings. An offense classified as a felony above, will be classified as a felony for enlistment, regardless of state or local law.

    In rare instances an offense may be classified as a single incident felony if more than one felony results from a single incident. Generally, if the multiple incidents are not separated by space and time, they may be considered as a single incident for waiver purposes. In order to be considered, the multiple felonies must be related and must derive from a single incident. For example, a housebreaker who steals a stereo might be considered a single incident felony for 1) felony burglary and 2) felony theft.

    A single felony requires a waiver. More than one felonies are disqualifying, and no waiver is authorized.

    http://usmilitary.about.com/od/marin...lcriminal7.htm


  3. #3
    Marine Friend Free Member
    Join Date
    Feb 2010
    Location
    tampa
    Posts
    15
    Credits
    827
    Savings
    0
    thanks for the reply! I understand that getting a waiver is very difficult right now, I was just wondering if I indeed have a 0% chance

    Basically I have a juvenile felony arrest, that went to court as a misdemeanor, and ended up a misdemeanor conviction

    Is that a felony in the USMC eyes?


  4. #4
    Marine Platinum Member Zulu 36's Avatar
    Join Date
    Jun 2006
    Location
    Seminole County
    Posts
    6,153
    Credits
    20,890
    Savings
    0
    Images
    7
    Quote Originally Posted by sp4242 View Post
    thanks for the reply! I understand that getting a waiver is very difficult right now, I was just wondering if I indeed have a 0% chance

    Basically I have a juvenile felony arrest, that went to court as a misdemeanor, and ended up a misdemeanor conviction

    Is that a felony in the USMC eyes?

    Evidently it is in the recruiters eyes. If he is meeting his quota with people not needing waivers, he isn't going to do a bunch of extra paperwork just to have it bounced back as denied.

    Try a different recruiting office, but don't be surprised if you are turned away again.


  5. #5
    Marine Friend Free Member
    Join Date
    Feb 2010
    Location
    tampa
    Posts
    15
    Credits
    827
    Savings
    0
    I wont be. I understand that the best case scenario is me having a slim chance at getting a waiver

    Just was curious if it was at all possible that the recruiter was wrong, and that my misdemeanor is in fact a misdemeanor and not a felony in the USMC eyes


  6. #6
    There's always a way.


  7. #7
    Even if your offense may very well NOT be a felony, as all my Marine brothers and sister have so eloquently put it. BUT....in the eyes of the needs of the Corps.....they have their pick and choice of potential recruits. No matter IF your offense is a misdemeanor or felony. All that recruiter sees when you show him an arrest record is..."PROBLEM GETTING APPROVED"...!!! That's the very reason why he turned you away.....20 seconds or not, he seen all he needed to see. Understand?

    But, don't give up hope....keep trying....don't take NO for an answer...!! If you truly hear that Marine Corps calling.....you need to keep applying...!! Keep trying to enlist.... exercise and workout and show them how good you've become each and every time you apply....!! If it goes that far....good luck...!!


  8. #8
    Marine Platinum Member Zulu 36's Avatar
    Join Date
    Jun 2006
    Location
    Seminole County
    Posts
    6,153
    Credits
    20,890
    Savings
    0
    Images
    7
    I might point out that not only is the Corps full up, but it has reduced it's monthly quotas, so it isn't taking as many people as before. Last month's recruiting was 912 people nationwide. The quota was 910.


  9. #9
    I agree. Never give up, never give in.


  10. #10
    Another solution....go back to court and have your record EXPUNGED, thus eliminating the charge entirely. You'll still have to claim it, but it won't show up. Worth a shot.


  11. #11
    Phantom Blooper
    Guest Free Member
    If the charge is now a misdemeanor....can't you get something from the court saying that?

    Good luck.


Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not Create Posts
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts