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Charge didnt have to go to court

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mshawntego

Junior Member
What is the name of your state (only U.S. law)?
Michigan HI, I am trying to join the army. I have a question, I was only 16 when the incident happen. I got into a verbal argument with my step dad, He called the police and I was arrested. I never had to go to court. Would it be on my record?
 


Alex1176

Member
What is the name of your state (only U.S. law)?
Michigan HI, I am trying to join the army. I have a question, I was only 16 when the incident happen. I got into a verbal argument with my step dad, He called the police and I was arrested. I never had to go to court. Would it be on my record?
Usually you can expunge this kind of record, specifically if there was no conviction.
Please go to this site for more info.
MSP - Search, Modify, Locate, Set Aside or Expungement of Criminal History Records
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)?
Michigan HI, I am trying to join the army. I have a question, I was only 16 when the incident happen. I got into a verbal argument with my step dad, He called the police and I was arrested. I never had to go to court. Would it be on my record?
No one here can say. If you didn't have to go to court, then it's possible that nothing legally happened, but we don't know that for sure. Perhaps one of your parents hired an attorney and had the charges reduced to something that didn't require you to go to court - but still left a mark on your record.

If I were you, I'd go see the court clerk to see if there's a record of any charges being filed against you.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)?
Michigan HI, I am trying to join the army. I have a question, I was only 16 when the incident happen. I got into a verbal argument with my step dad, He called the police and I was arrested. I never had to go to court. Would it be on my record?
**A: what's the rest of the story. Cops don't usually arrest for a verbal argument. Are you not leaving the other facts out?
 

FFuries

Member
Go to the local courthouse and ask for records etc regarding the incident. Military recruiters are going to ask for copies of court documents, prior to doing too much paperwork. Failure to disclose all the facts prior to enlistment, and if found out at a later date could result in being charged under the UCMJ with Article 83 Fraudulent enlistment, appointment, or separation. Which carries a maximum punishment of a; Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

Then sit down with the recruiters and go through it all. I know the Air Force and Marines aren't accepting any waivers right now. The Army I cannot speak for.

Domestic Violence/Battery is a serious charge, my son and I got into an argument and he shoved me, a nieghbor saw it called the cops and he was arrested, charged and convicted of DV. According to the rules at the time for getting into the Marines it was a beat-up (I was older, bigger, he was 15), so they were allowed to waive it (A beat-down is against a female, younger, handicapped, or elderly person), but it took the Commanding General for the SE recruiting to approve it.

Good luck!
 
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mistoffolees

Senior Member
Go to the local courthouse and ask for records etc regarding the incident. Military recruiters are going to ask for copies of court documents, prior to doing too much paperwork. Failure to disclose all the facts prior to enlistment, and is found out at a later date could result in being charged under the UCMJ with Article 83 Fraudulent enlistment, appointment, or separation. Which carries a maximum punishment of a; Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

Then sit down with the recruiters and go through it all. I know the Air Force and Marines aren't accepting any waivers right now. The Army I cannot speak for.

Domestic Violence/Battery is a serious charge, my son and I got into an argument and he shoved me, a nieghbor saw it called the cops and he was arrested, charged and convicted of DV. According to the rules at the time for getting into the Marines it was a beat-up (I was older, bigger, he was 15), so they were allowed to waive it (A beat-down is against a female, younger, handicapped, or elderly person), but it took the Commanding General for the SE recruiting to approve it.

Good luck!
Wow. That's the first I've ever heard of that. Interesting......
 

FFuries

Member
mistoffolees

According to the rules inplace at the time of his enlistment (2007), domestic battery/violence was broken into different levels per-se.

Beat-up, this is against a person of more strength, bigger etc. this is/was waiverable.

Beat-down, this agaisnt a person of the other sex (If a male), weaker, younger, elderly or handicapped, this is NOT waiverable, and is not in keeping with the high moral values of the Marine Corps.

Then there was the left to right, a person of equal age, strength, sex, size etc, this is/was waiverable.

You could beat-up, and beat left to right, but you could not beat down.

I wrote a letter explaining the incident in its entirety, first the top NCO had to approve it, and send it up to their Commander to approve, after his approval the Commanding General for SE Recruiting had to approve it. The process took 6 months from start to finish.

My son is doing great in the Marines, he picked-up E-5 at his 3 year 11 month mark, is now on his second term and is looking to make it a career.
 
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Isis1

Senior Member
mistoffolees

According to the rules inplace at the time of his enlistment (2007), domestic battery/violence was broken into different levels per-se.

Beat-up, this is against a person of more strength, bigger etc. this is/was waiverable.

Beat-down, this agaisnt a person of the other sex (If a male), weaker, younger, elderly or handicapped, this is NOT waiverable, and is not in keeping with the high moral values of the Marine Corps.

Then there was the left to right, a person of equal age, strength, sex, size etc, this is/was waiverable.

You could beat-up, and beat left to right, but you could not beat down.

I wrote a letter explaining the incident in its intirety, first the top NCO had to approve it, and send it up to their Commander to approve, after his approval the Commanding General for SE Recruiting had to approve it. The process took 6 months from start to finish.

My son is doing great in the Marines, he picked-up E-5 at his 3 year 11 month mark, is now on his second term and is looking to make it a career.
wow. i am amazed and weirded out at the same time.
 

FFuries

Member
I cannot vouch as to whether that rule is still a fact or not.

I do know for a fact, like I said, that the Marines and the Air Force are NOT taking any waivers at this time. With un-enployment as high as it is, and with the draw-downs and cut-backs that the Military are going through at this time they can be quite picky as to who they take now. I can only assume that the Navy, Army and Coast Guard are doing the same.
 
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Alex1176

Member
wow. i am amazed and weirded out at the same time.
Yes, it's common in some organisations that demand very high moral values. I can not give you another example from USA, but in Israel I know tree elite military units that will never accept beat-down, but will consider to accept beat-up or equal.
 

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