Why does the military hold withdrawn charges against you?

SSG(P) Private RallyPoint Member — Fri, 06 May 2016 14:04:39 -0400

I wanted to join the Coast Guard, but was told I was disqualified for 2 felony charges that were withdrawn that are on my record. Why does the military hold these against me? They're treating me as if I was found guilty. I have a secret clearance in the Army and they give me no problems.

Response by SFC Private RallyPoint Member made May 6 at 2016 2:19 PM

SFC Private RallyPoint Member — Fri, 06 May 2016 14:19:22 -0400

Apparently that's how the Coast Guard rolls. Every branch is different. Since Coast Guard is under homeland security now I'm sure it's different then when they were military.

Response by 1SG Private RallyPoint Member made May 6 at 2016 3:21 PM

1SG Private RallyPoint Member — Fri, 06 May 2016 15:21:31 -0400

Did you ask for a moral waiver? I can't speak for the USCG, but if the charges were for things that the USCG tends to monitor, such as drug offenses, then I can understand why they would DQ someone. (I am not saying that was what you were charged for, but just giving an example.)

Like I said earlier, try seeing if you can get a moral waiver.

Response by MCPO Private RallyPoint Member made May 7 at 2016 12:21 AM

MCPO Private RallyPoint Member — Sat, 07 May 2016 00:21:40 -0400

"Withdrawn" charges are officially still pending, and can be refiled any time the DA wants to do so. If the charges were "Dismissed," (with or without prejudice) it would just be a footnote on your record.

The Coast Guard has so many people knocking at our door, we don't need to accept folks with ANY criminal proceedings on their record, so, even if you apply for a Moral Waiver, odds are that it won't even be reviewed (most Recruiters won't even process the waiver packet because they know it won't be reviewed).

Charges filed means that you were in a situation where it appeared that if the case went to trial, you'd be found guilty - that's how DA's roll - if it's likely a jury will convict, they file charges. Because of this, you have demonstrated a marked lack of prudence, maturity, and decision making - OR - you demonstrated a willful disregard for the legal process. In either case, you are a liability and of questionable quality. With a dozen (or more) fully qualified folks that aren't obvious liabilities or questionable quality standing in line behind you, the Coast Guard won't bother with you.

One of the biggest reasons for this is manpower. If it takes three people to do a task, the Coast Guard will send three - or even just two - which is in stark contrast to the other branches, where they'll send 15 with an E-7 and O-2 to supervise. No - that's not a joke. On an Army detail, if a person becomes a casualty (or gets ancient felony charges refiled) and leaves, nobody really notices and the mission continues. On a Coast Guard detail, everybody is an integral part of the team and a single missing member (or a single lollygagger) is a HUGE detriment to successful mission completion. When we have units with 24-hour operations and a 20-member crew that operate two small-boats requiring 3-4 people each... it's a bitch when ONE person does something silly like get a DUI or even wants to go on leave.

I wish you luck, but I'd make sure you have a Plan B.

Response by Cpl Rc Layne made May 7 at 2016 10:06 PM

Cpl Rc Layne — Sat, 07 May 2016 22:06:11 -0400

Withdrawn is not the same as expunged.

Response by CPL Ricky Vasquez made May 9 at 2016 12:55 AM

CPL Ricky Vasquez — Mon, 09 May 2016 00:55:25 -0400

You are a Ex-Felon...