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Domestic A&B dismissed - Wanting to enter the Marines.

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Can I get in?

  • Have a chance.

    Votes: 1 50.0%
  • No chance.

    Votes: 1 50.0%

  • Total voters
    2

pw1992

New member
What is the name of your state? Oklahoma -
Good morning,

I had a domestic A&B charge in 2015 that I was given a deferred sentence (completed a court approved class) that then resulted in them "dismissing" the charges against me - I believe the term is "adverse adjudication"? I'm not barred from owning any firearms, and when I ran an OSBI it pops and states "Pled not guilty - case dismissed". My question is: What would I have to do in order to get into the Marine Corps? Its my goal, and I'm currently almost finished with my bachelors, though no wishes to ever become an officer. A buddy of mine that just finished his contract with the Marines thinks I should be able to, but when I called, the recruiter gave me the run around, and made it seem like I couldn't get in, over the phone. - Side note - I have two children with my ex - but they live with her.

Any advice/information you can give me would be greatly appreciated.
 


FlyingRon

Senior Member
I think you probably have a pretty good chance to get into the Marines. Technically, this isn't something that requires even a waiver to get into. Of course, acceptance into the service is always discretionary on the part of the service. Go to the recruiting office and tell them you want to sign up and be truthful on your application. At times like this, it would be useful to have copies of the actual disposition from the court. Not a background check, but a document from the courthouse itself that says your charges were dismissed. Have that in your pocket in case anybody asks.
 

FlyingRon

Senior Member
Adjudicated Deferred is not a dismissal.
That is true as far as it goes, but he completed the deferral. At the end of his deferral period, they changed his plea to not guilty and dismissed the charges. It WAS a dismissal.
 

pw1992

New member
I could be totally wrong, which is why I posted here, I believe the military classifies any dismissal that wasn’t 100% “the court dropped the charges” I.e. having to take a court ordered class, as an adverse adjudication. Which does require a waiver i believe. In the eyes of civilian court I believe Flying Ron is correct, but as far as the military is concerned and the recruiting process, I think it’s a little different. I was hoping to find a JAG person to chime in, or a recruiter with experience processing this kind of a waiver. I appreciate all of the feedback! Thank you both.
 

Taxing Matters

Overtaxed Member
I could be totally wrong, which is why I posted here, I believe the military classifies any dismissal that wasn’t 100% “the court dropped the charges” I.e. having to take a court ordered class, as an adverse adjudication. Which does require a waiver i believe. In the eyes of civilian court I believe Flying Ron is correct, but as far as the military is concerned and the recruiting process, I think it’s a little different. I was hoping to find a JAG person to chime in, or a recruiter with experience processing this kind of a waiver. I appreciate all of the feedback! Thank you both.
From the information I have seen, you would need to seek a waiver since it appears you are correct that any outcome other than a true dismissal or acquittal is considered by the military as a conviction. In particular, deferred adjudiction where you had to serve a period of probation prior to dismissal would be considered a conviction that requires a waiver. You might get the waiver if you seek it, so there is the chance you can still get enlisted. You won't know for sure unless you try.
 

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