Federal Records Check

[aaron75]

What is the name of your state? washington

I was convicted in 1996 from breaking and entering and attempted possession of an illegal substance. GCM gave me 24mo. I was officially discharged in 1998. I have a friend that knows a few people, that conducted both a civil and federal background check, because I had told them that I wanted to become a Police Officer. I was told that the 2 charges were mis-demeanors in the state that it happened. Does this completely null all rights, because I was able to register as a voter. I haven't heard anything on the Passport that I applied for 3months ago, for my honeymoon. Am I clear, or does the BCD that I receive relinquish all rights?

Aaron - Washington

[redleg17]

Originally Posted by aaron75

What is the name of your state? washington

I was convicted in 1996 from breaking and entering and attempted possession of an illegal substance. GCM gave me 24mo. I was officially discharged in 1998. I have a friend that knows a few people, that conducted both a civil and federal background check, because I had told them that I wanted to become a Police Officer. I was told that the 2 charges were mis-demeanors in the state that it happened. Does this completely null all rights, because I was able to register as a voter. I haven't heard anything on the Passport that I applied for 3months ago, for my honeymoon. Am I clear, or does the BCD that I receive relinquish all rights?

Aaron - Washington

3 months for a passport? Was it an initial or renewal? I did I non-priority renewal and got mine back something like 7 days after I mailed it off......

Go to the Passport Agency website, you can check your application status online

[SHORTY LONG]

Originally Posted by aaron75

What is the name of your state? washington

I was convicted in 1996 from breaking and entering and attempted possession of an illegal substance. GCM gave me 24mo. I was officially discharged in 1998. I have a friend that knows a few people, that conducted both a civil and federal background check, because I had told them that I wanted to become a Police Officer. I was told that the 2 charges were mis-demeanors in the state that it happened. Does this completely null all rights, because I was able to register as a voter. I haven't heard anything on the Passport that I applied for 3months ago, for my honeymoon. Am I clear, or does the BCD that I receive relinquish all rights?

Aaron - Washington

No you do not loose all rights with a BCD. A BCD is as Federal Misdemeanor; however,
given you did 24 months could move it from a misdemeanor to a felony.

[aaron75]

So you are telling me, that with a BCD, I can register to vote, retain a passport. Would I be able to become a Police Officer?

[SHORTY LONG]

Originally Posted by aaron75

So you are telling me, that with a BCD, I can register to vote, retain a passport. Would I be able to become a Police Officer?

REREAD MY POST. DAH!

[aaron75]

okay. not trying to sound completely retarted or stupid, but I'm not exactly all here today because I am sick. This only requires a Yes or a No response. Trying to understand you, you are telling me that a BCD from the military is a Federal Misdemeanor that still allows me to vote, travel outside the U.S., and become a Police Officer? Yes to whatever pertains and vice-versa for No. Thank you!

[SHORTY LONG]

Originally Posted by aaron75

okay. not trying to sound completely retarted or stupid, but I'm not exactly all here today because I am sick. This only requires a Yes or a No response. Trying to understand you, you are telling me that a BCD from the military is a Federal Misdemeanor that still allows me to vote, travel outside the U.S., and become a Police Officer? Yes to whatever pertains and vice-versa for No. Thank you!

I am sharing with you that, most States will allow you to vote with a BCD. I am not saying, nor implying that you can become a Police Officer. Most of all those positions fall under Civil Service which a BCD makes you ineligible. About a Passport, not sure because I have never tried for one. Given you did 24 months in the brig or elsewhere, and were given a BCD, I can only surmise that your conviction is a step up from that of a Federal Misdemeanor.

Once you get to feeling better, you yourself, can go to your locale Police, and Sheriff Departments, and do a background check. Each cost about $5.00 to $10.00.

[redleg17]

Originally Posted by aaron75

okay. not trying to sound completely retarted or stupid, but I'm not exactly all here today because I am sick. This only requires a Yes or a No response. Trying to understand you, you are telling me that a BCD from the military is a Federal Misdemeanor that still allows me to vote, travel outside the U.S., and become a Police Officer? Yes to whatever pertains and vice-versa for No. Thank you!

A Police Officer is either a state or local position... aren't most States at-will employment? They can decide if a discharge of criminal conviction shows you don't have the "character" needed for the position. You need to inquire at the Department you wish to apply for. Some departments may let you join.... others may deny your application. It's the same for any civilian employment in the future, if they demonstrate that a BCD is indicative that you are unacceptable for a candidate for position.... they can use it to preclude you from employment.

[SHORTY LONG]

Lest not forget that a SPCM conviction is a Federal Misdemeanor; and given if one serves 2 years in the brig or elsewhere
could easily bring it up a level to a Federal Felony Conviction.

Check with the United States Sentencing Commission as well!

[aaron75]

Ok. Let me clear some things up here. I was sentenced to 24mo. in the brig. Had 6mo. time served already as it was when the CM came up. I ended up doing 18mo. total before being discharged. I called my local county sherriff's office to find out if a Federal Misdemeanor disqualified me as a candidate. I was told that it doesn't necessarily disqualify me, but that it would pretty much be up to the department that I was applying for. I have to go apply for a weapons permit to find out if in fact I can carry a concealed permit. If I can, then it really would be up to each agency.

[SHORTY LONG]

Until you do your own background investigation[s] through your locale
Police & Sheriff Departments; and applying for a weapons permit, then you
will get a better handle on what you will have to deal with!

I know personally of an x-Navy person who had a SPCM, and received a Honorable
Discharge, and guess what, they denied him a Weapons Permit.

I do hope you the best, and that you will at least repost with good or bad news from
your own background check endeavors . Thank you in advance.

[SHORTY LONG]

I hope the following information will shed light in helping to clear up your questions.

SECTION 1 OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1142, 5 U.S.C. 2282, PROVIDES IN PART:

THAT THERE SHALL NOT BE PAID TO ANY PERSON CONVICTED PRIOR TO, ON, OR AFTER THE DATE OF ENACTMENT OF THIS ACT OF ANY OF THE FOLLOWING OFFENSES DESCRIBED IN THIS SECTION, OR TO THE SURVIVOR OR BENEFICIARY OF SUCH PERSON SO CONVICTED, FOR ANY PERIOD SUBSEQUENT TO THE DATE OF SUCH CONVICTION OR THE DATE OF ENACTMENT OF THIS ACT, WHICHEVER IS LATER, ANY ANNUITY OR RETIRED PAY ON THE BASIS OF THE SERVICE OF SUCH PERSON AS AN OFFICER OR EMPLOYEE OF THE GOVERNMENT:

(2) ANY OFFENSE (NOT INCLUDING ANY OFFENSE WITHIN THE PURVIEW OF SECTION 13 OF TITLE 18 OF THE UNITED STATES CODE) WHICH IS A FELONY UNDER THE LAWS OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA (A) COMMITTED IN THE EXERCISE OF HIS AUTHORITY, INFLUENCE, POWER, OR PRIVILEGES AS AN OFFICER OR EMPLOYEE OF THE GOVERNMENT * * *

IN 35 COMP. GEN. 302 WE HELD THAT A CONVICTION BY A COURT-MARTIAL OF AN OFFENSE WHICH IS A FELONY UNDER THE DEFINITION OF FELONY CONTAINED IN 18 U.S.C. 1, AND SUBPARAGRAPH 213D (6), MANUAL FOR COURTS-MARTIAL, 1951, CONSTITUTED A CONVICTION OF A FELONY "UNDER THE LAWS OF THE UNITED STATES" WITHIN THE MEANING OF SECTION 1, CLAUSE (2), OF THE ACT OF SEPTEMBER 1, 1954. UNDER 18 U.S.C. 1, ANY OFFENSE PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM "EXCEEDING ONE YEAR" IS A FELONY. SUBPARAGRAPH 213D (6) MANUAL FOR COURTS-MARTIAL, 1951, DEFINES A FELONY AS FOLLOWS:

ANY OFFENSE OF A CIVIL NATURE PUNISHABLE UNDER THE AUTHORITY OF THE CODE BY DEATH OR BY CONFINEMENT FOR A TERM EXCEEDING ONE YEAR IS A FELONY.

IN DECISION OF MAY 11, 1956, B-127022, WE SAID THAT THE TEST OF WHAT CONSTITUTES A FELONY FOR THE PURPOSE OF 35 COMP. GEN. 302 IS NOT THE ACTUAL PUNISHMENT IMPOSED, BUT THE PUNISHMENT IMPOSABLE, AND THAT PARAGRAPH 127C OF THE MANUAL FOR COURTS-MARTIAL, 1951, WHICH SETS OUT A TABLE FOR MAXIMUM PUNISHMENTS FOR OFFENSES IN COURT-MARTIAL CASES, PROVIDES AN ADEQUATE METHOD FOR DETERMINING WHETHER AN OFFENSE IS PUNISHABLE BY CONFINEMENT EXCEEDING ONE YEAR.