Pro-Rec'd SNA - Background Check Question

[Flyer2012]

If anyone has any experience with this or can offer some advice I'd greatly appreciate it. I've been worried about this problem for a while.

Problem:

I recieved an MIP (alcohol) when I was 20 years old in college. Like many others in this website the state offered a diversion where basically you pay a little greater fine and have 30 days probation but after completion the charge is dropped and expunged from your record. After speaking with the justice dept in my area, they said this charge would not be on my record and that I would not have to put this offense on any job application.

Keeping the above in mind, I checked "no" for any alcohol offenses on my initial board application thinking that (according to my local justice dept) that it wasn't on my record and that I didn't have to list it. Now after being pro-rec'd for SNA and having to do MEPS and the background check I decided regardless if it's on my record or not to list that I did receive the initail charge and that it was dismissed/expunged so I had nothing to hide.

I did not want to decieve anyone or intentionally leave out the charge. I own up for this mistake as I did drink underage (as I'm sure we all did).

Question:

I'm exteremly worried that this will somehow effect my final select. I need some advice on how to handle the next steps (if there are any) to address this.

1. Is listing the charge (and all information related to the charges being dismissed) on my background check and MEPS information "enough" or do I need to contact my recruiter to make him aware of the descrepency?

2. Since I listed the charge on the background check should I just allow the investigation to run it's course to see if there's any follow up needed?

3. Will I lose my Pro-Rec / Final Select spot for this board? Or is it possible to recieve a waiver (if req'd)?


Again I did not want to decieve the Navy or my recruiter, I've worked very hard to get to this point and I'd hate to have a stupid charge like this affect my future. If you have any advice I'd really appreciate it. Thank You.

 

[exNavyOffRec]

This could be the story of one of my guys. He was told the same thing, unfortunately when people are told these things they forget the Federal gov't sees EVERYTHING, in addition the one thing that would still show is the arrest.

1. your recruiter will find out as when the MEPS info comes back he will see it, in addition an MIP may very well lead you to a psych eval from MEPS, I believe MIP is an automatic MEPS psych eval though.

2. Depending on what you put they may ask for more, and CNRC will ask questions as to why the discrepancy.

3. You could, my guys was held up but he is now in OCS, alot depends on your recruiter/the CO of the NRD, and what the psych doc says.

 

[Flyer2012]

Thanks for the quick reply. Just to clarify, there was not an arrest. I just recieved a misdemeanor ticket for the offense (not sure if that effects the psych eval).

So as a Recruiter in your opionion I should face the music and bring it up to my LT and hope for the best or should I just let the background check run it's course to see what will happen? Also was your guy held up to the following board or was the final select just delayed (I'm worried because that would push me out "another" year)

 

[exNavyOffRec]

Thanks for the quick reply. Just to clarify, there was not an arrest. I just recieved a misdemeanor ticket for the offense (not sure if that effects the psych eval).

So as a Recruiter in your opionion I should face the music and bring it up to my LT and hope for the best or should I just let the background check run it's course to see what will happen? Also was your guy held up to the following board or was the final select just delayed (I'm worried because that would push me out "another" year)

A ticket is considered an arrest, but you are released upon acknowledging you must appear by signing it, see what happens when a person declines to sign anything, it isn't pleasant for the individual.

You need to tell him, he will find out, either when he reviews the MEPS exam, or when CNRC notifies him, so you can tell him and he can be pissed now, or you can let him find out later and have him pissed later.

The fact you were issued the ticket is what will trigger the psych, there are other things that could affect the psych, but without knowing everything about you hard to make a final say.

His FS was delayed, but we were able to get everything done and cleaned up in a week.

 

[TBRaysluv]

None of the information in this posting is legal advice and it should be assumed wrong, no attorney client relationship is formed or intended to be formed.

In general if you want to know what the federal government or anyone can ever possibly see in your criminal record.... You can have an FBI criminal background check done. You will have to submit a set of finger prints to them and I think it takes about six weeks... http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks That is only for arrest, also this 99% of the time only finds arrest where you were booked and finger printed. You should also go talk to the county clerk of court where any action was taken against you and request all court documents on yourself to see what is there. If you can find an attorney you can pull a lexis or westlaw search of yourself which should bring up most (not guaranteed) court action against you. Records beyond these don't exist... The government can only get its hands on what actually exist.

What the government can get there hands on that you normal think they can't:

Juvenile records: The Federal government can normally see these even though your state may have a statute protecting you from having to disclose them. This is because fed jurisdiction applies. Most state governments can see these too because they will have you waive the rights of these protections when applying.

Expunged and Court sealed: this is a good question... if you were arrested for these the arrest record is always there so no point in hiding it. If only the court order sealed document is there I'm not sure.... I know if you apply to that states bar (to be an attorney) the states supreme court can and will order the documents unsealed because that states justices are like the board of the bar you are applying to. For fed stuff I don't know I think it would take a court order to reopen but if they really wanted to I'm sure your states justices would be happy to grant the order if asked by say US attorneys office.

So bottom line if you were arrested and booked it will be there even if it was sealed by your uncle who is your states US senator. This is because as soon as you are finger printed and processed you are put in the FBI's database.

Not finger printed state court documents/actions are a little bit different and normally found by a simple trip to your county clerk of court.

Also just to clarify the military doesn't have any special database that is secret from the world on arrest records they have what is in the court house and what the FBI's database has.... Trust me that 70 year old clerk of court lady is not a secret informant for the military who slips them information. Ain't nobody got time for that