My husband is scared about a misdemeanor!

[SarahBa]

What is the name of your state? California

Hi everyone. I have a really strange situation. My husband is a Lt in the USAF. On July 2 of this year, he lit a bottle rocket in our back yard. The Fire Marshal happened to be driving by at the exact moment the rocket went off. Bottle rockets are illiegal in CA, in case you're wondering. Our backyard was immediately raided by a fire marshal and 6 police officers who looked like they were armed for a drug bust.

I felt it was a bit much for the situation, but the fire marshal was quite eager to write up a felony for the confiscated fire works. After pleading with them, and revealing that he was in the millitary, the marshal, a former colonel, sympathized and wrote up some type of misdemeanor citation for him to appear in court on September 9th. The Fire Marshal also said he felt confident that this could be plea bargained down to an infraction, and therefore, have no impact on my husband's career.

My husband's lawyer just contacted us two days ago, and revealed that California is making examples of people for illegal firworks posession this year. The best he managed to do was get a 1600 dollar fine, a one year internal probation, and a misdemeanor that will be strickened from the record in one year. Now, I'm originally from Alabama, so this all seems quite asinine to me... that a state court could be so cruel. My husband is literally freaking out. He's the twitchy nervous type. Our lawyer told us that this midemanor was a minor thing and would be completely erased in one year. Not only that, but he also said it should be contained within the county. It seems logical to me that the Air Force should be able to deduce the BS of this charge and overlook it, but my husband seems to be convinced that his career is destroyed, that he will never exceed the rank of Lt, and that he will never get a top secret clearance.

Are things really this bad? Has my husband's life just been destroyed because of a lousy, stupid bottle rocket, or is he overeacting. I hope the latter is the case. If we are indeed in trouble, is there anything he can do?

Thank You

 

[fozzy2]

Your husband is probably being a bit overly nervous. For someone with an otherwise clean record a single misdemeanor is unlikely to cause loss of a clearance or other serious repercussions if it isn't drug or violence related.
Keep records of the disposition of the case and be ready to explain what happened.

On the other hand, a felony would have been a much more serious matter. And as far as security clearances are concerned, what he is *charged* with is not as important as what the security investigators think actually happened. In other words, even though your husband was not charged with a felony the records might indicate that he could have been. Once again, he can expect a good grilling over the details of the incident. He should keep records (police reports, etc.). "Fireworks violation" is kind of a vague category. Apparently there was more than "one bottle rocket" since fireworks were left to be confiscated. In Arizona they used to seize illegal Mexican fireworks that qualified for bombsquad handling and ATF investigations. If your husbands bottlerocket had a half-stick of TNT as the charge.....

 

[thepizzaguy]

a misdemeanor for setting off a bottle rocket.. wow california must really have its head up its arse.. Thats just retarded.. Definetly get copies of every document you can get your hands on so he can defend himself if need even be

 

[SarahBa]

In response to fozzyII, these were all Nevada purchased fireworks. The most explosive thing we had was a little box of M-92s, which is about 80mg of gunpowder. Yes, we had purchased firworks, which they promply confiscated, but nothing we had was federally banned. You can purchase this stuff in any fireworks store in Nevada, Alabama, Arizona, etc. The exact phrase placed on the citation was " 12677 Posession of dangerous fireoworks without a permit H&S." But a half a stick of dynamite, no we had nothing like that. I'd kill my husband if he bought anything that I thought would actually hurt him. California is more concerned with fires than anything else. We had purchased some rockets and little firecrackers on our way back from Las Vegas. If I had known this was going to happen, I would have taken the blame, but I was in the house cooking.

What really damned him was the fact that he admitted he knew they were illegal. The lawyer said we might have been able to drop this to an infraction if he just claimed ignorance. But if he hadn't admitted this, I don't think the police would have written it up as a misdemeanor. They were ready to hang him 'til he showed the ID, and obviously lying about this sort of thing would have just made them angry.

The lawyer said that this was a really minor and county-internal misdemeanor, and that in a year, when it expired, nobody should be able to even look it up. Is this at all true, or is the military not just the average inquirer, and posesees the means to extract anything? I guess what I'm asking, if this thing is so minor that it vanishes like the lawyer says, how far is the millitary willing to go just to extract the slightest detail of information?

Thanks

 

[DRTDEVL]

The Military does not perform standard background checks... It WILL show up.

We use the NCIC database, as well as the FBI fingerprint database. He was arrested... Fingerprinted... Therefore on the FBI database.

He might not be out of luck, but he WILL have to remember all the facts of the case forever... They will come up during every background check we do.

His biggest problem is downsizing. The USAF is dropping 25% of all personnel over a 2 year period (FY05 and FY06). Any kind of violation is grounds for being downsized right now. He does have sufficient reason to worry about his career... But don't fret. He can always transfer to the Army to continue on (USAF is dropping 30,000, Navy dropping 10,000, Army increasing by 40,000).

 

[SarahBa]

He wan't arrested. They came, they confiscated the fire works, they issued a citation to appear in court 55 days later. There was no arrest or fingerprinting involved.

My husband has only been fingerprinted once in his life, when he was applying for OTS. He has never been arrested. This was just a citation to appear in court. The result of the court appearance was a one year internal misdemanor, that was to be erased after one year. He has an otherwise spotless record.

My husband's a developmental engineer, so he doesn't qualify for the force reduction. Anyone in the medical field, pilots, navigators, laywers, and develpmental engineers are pretty much immune to the reduction, because they're in desperate need right now.

He is, however, very concerned over his promotion and future clearances. From the responses I've gotten so far, it appears he's screwed. I just can't believe his career might actually be in jeopordy for posessing a few rockets and firecrackers. He wasn't arrested, though. He was just issued a notice to appear in court. From this court proceeding, he recieved a very small one year misdemeanor, and a fine.

There has to be something we can do? Please, people, I can't bare to see him like this anymore. I jus can't believe the air force is beyond reason and would actually punish my husband for something so stupid. There has to be something we can do? Can we talk to a military lawyer? Might they be able to help out with this?

Thank You

 

[DRTDEVL]

For a case such as this, have him speak with the Chaplain...

The Chaplain will do a little research, and ask questions of the concerned authorities under the premise of anoniminity (essentially client-patient confidentiality). He will find out the proper actions for your husband to take, and nobody on the inside will know who he was referencing while doing so. He will be able do learn everything pertaining to his future in the USAF, as well as ease your husband's mind in the meantime.

Give him a try...

 

[JohnZa]

Sarah,

I think you're OK. Relax! This sounds like a real minor thing. If your husband recieved a felony, he would be SCREWED. If your husband was arrested and fingerprinted, I woud agree with what DRTDVL said and say you might have to worry. But this sounds like it's almost an infraction. I would check with your laywer again, because this sounds like the type of thing that would just completely vanish in a year. He wasn't arrested, he wasn't fingerprinted, he recieved a minimal fine and a tiny little probation. I think you're OK. But I'm not a laywer either. I hope sombody else agrees with me to calm you down. C'mon people. Let's make her feel better. It can't be that bad. They were fireworks for God's sake. If I lived in California, I imagine I would have been executed by now for all of the illegal firworks I've lit in my life. He wasn't arrested or fingerprinted. If this does come up in a background check, he should be able to quickly explain it and be forgiven by the Air Force. I can't imagine why they wouldn't. Does anyone agree with me.

But you're right, Engineers are still in critical demand in the Air Force, and I think your husband is too important to be thrown away for this.

 

[thepizzaguy]

For a case such as this, have him speak with the Chaplain...

The Chaplain will do a little research, and ask questions of the concerned authorities under the premise of anoniminity (essentially client-patient confidentiality). He will find out the proper actions for your husband to take, and nobody on the inside will know who he was referencing while doing so. He will be able do learn everything pertaining to his future in the USAF, as well as ease your husband's mind in the meantime.

Give him a try...

Good idea about speaking with the chaplain.. He will work as a liason for you and would keep things confidential

good luck

 

[fozzy2]

Good idea about speaking with the chaplain.. He will work as a liason for you and would keep things confidential

good luck

Two items of warning:

First, the question is not just whether this will show up on a background investigation (and it probably would - usually the local records of everyplace you've lived are checked). Even more importantly, he will almost certainly be *asked* about it on various forms, paperwork, etc. If he fails to report it, he is lying and THAT will get him in even greater trouble. So resolve yourself to the AF knowing about this.

Second, Chaplains can be helpful but keep in mind that the "priest/pastor confidentiality" usually only extends to spiritual counseling. Advising your husband on the possible ramifications of legal trouble might not qualify. People in the past have been surprised to find that Chaplains are often "acting as officers" rather than religious counselors. Make certain you explicitly discuss this issue with the Chaplain before you go spilling any beans.

 

[badapple40]

What career field is your husband?

I don't want to sound... well, some career fields in the AF are undermanned. If your husband is in that career field, he may survive this. But I doubt it.

 

[JohnZa]

SarahB,

I have 4 misdemeanors that the Air Force presently knows of, two for speeding over a hundred miles and hour, one for shop lifting in Florida, and one for a public disturance in Georgia. I'm not bragging; I'm just informing you that I was a troubled youth. At 22, I got my act together, went to college, worked for two years in the commerical world, then appled for OTS at 28. They accepted me, even with all the crap on my record. It was hard, but I was forthcoming with them, explained that I was a new man, and after my second trip to the board, approved. When I was applying for a SECRET clearance, my past was so shady and full of police reports, they actually strapped me to a polygraph. By the way, I'm a Captain now. If what your husband did is worthy of a discharge, I shoud have been shot by now.

First of all, what your husband did is internal to the county. He is not on any database, because what he did was small potatoes. Therefore, it will not affect his promotion, because the millitary will never search for it. Local area searches are not conducted for promotions. If the armed forces did a local area search for every Joe Blow up for promotion, they'd financially strap themselves to the grave. Now, this will come up if your husband applies for a top secret clearance. Bare in mind I said IF;because if he doesn't apply for a top secret clearance, they will not find out.

I'm assuming your husband already has a secret clearance. When or IF he applies for a top secret clearance, he will be asked about his past. Don't lie, be forthcoming. The system actually works sometimes. This is what you say to the investigator/interviewer. I was on MY backyard, it was the fourth of July, I was being patriotic and lit off a bottle rocket, the police came, took my firworks and wrote me a ticket. That's it; end of story. The investigator will laugh himself silly. They will not throw your husband out for lighting fireworks; tell your husband to stop worrying so much.

 

[lvn4ever]

badapples resume

Those of us who read this site with any frequency are shaking our heads in disbelief over Johnza's comments about Badapple. Badapple provides REAL legal advice based on his experience, past and CURRENT as an Air Force JAG Officer. Although he has never said (that I have seen), I believe he is an 0-5 or 0-6, so he has LOTS of experience. I have NEVER seen him ponitificate, bear a grudge, get on a soapbox, etc. While what he says may NOT come to pass, his opinions are based on more experience and education than 99.9 % of the posters here, including myself. His opinions are sought after, valued and respected.

Sarah, for the sake of you husband, I hope that Badapple is wrong on this one, but his opinion should be taken seriously and he is ANYTHING but a jerk.

 

[JohnZa]

I genuinely apologze for my comment. Badapple, I was out of line, and I hope you can forgive my outburst. I was speaking during the heat of the moment, and I sometimes forget to count to 10 before I act. It was unprofessional of myself and of my position. Please accept my apologies.

Initially upon reading your post, I assumed, for some reason, that you were trying to be funny with this woman. Looking from her point of view, I became a little angry and tried to shed some good news on the subject.

I can't say I'm sorry enough, but my opinion still stands on the subject of this man's situation. I am 100% sure that this will not affect him in any way. This is no more harmful than a speeding ticket.

Sorry again,
JohnZ

 

[thepizzaguy]

At 22, I got my act together, went to college, worked for two years in the commerical world, then appled for OTS at 28. They accepted me, even with all the crap on my record. It was hard, but I was forthcoming with them, explained that I was a new man, and after my second trip to the board, approved. When I was applying for a SECRET clearance, my past was so shady and full of police reports, they actually strapped me to a polygraph. By the way, I'm a Captain now. If what your husband did is worthy of a discharge, I shoud have been shot by now.

Could you please elaborate on what you did to get your dishcharge upgraded I mean like specific additional documents etc. I am in the process of doing this and can use all the advice I can get. My application will have to be sent to the BMRC as the dishcarge is 17 years old.. You can private message me if you like because this is off topic
thanks alot