ROTC and criminal history

Discussion in 'ROTC' started by Mom12345, Jul 16, 2017.

  1. Mom12345

    Mom12345 New Member

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    My 14yr old has gotten himself into some trouble and is now looking at possibly being charged with a felony. For years now he has been planing on joining the mitalry when he is of age and enrolling in the ROTC program. Will the program except people with a felony? Does the fact that he is a minor change anything?
     
  2. JaxNavyMom111

    JaxNavyMom111 Member

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    It depends on the severity of the felony. Most of the military branches do offer waivers depending on the severity. (Google it) but the best thing to do is to get a really good criminal attorney and hopefully have it reduced to a misdemeanor and see if they'll expunge it from his record at 18. I know two civilian graduates who cannot get a job in the private sector because of stupid things they did in college. Due to regulations in the financial services industry, it's an automatic disqualification. These days, the world is not so forgiving and a kid can screw up once and it follows them forever. Since your child is so young, I hope that you can get it expunged from his record at 18. Best advice is to invest in a great attorney to preserve his future no matter what his career path will be. Ask any attorney friends who is the best in your area. They will know. Good Luck to you and your son!
     
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  3. AROTC-dad

    AROTC-dad Moderator 5-Year Member

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    Agree with @JaxNavyMom111.

    Special note: Try to find an attorney with familiarity with the military (former JAG, or Veteran).
     
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  4. AJC

    AJC Member

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    He has not yet been charged?
    Was he arrested (fingerprinted, etc)?
     
  5. Capt MJ

    Capt MJ 10-Year Member

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    @brovol Your thoughts would be valuable here too.
     
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  6. Mom12345

    Mom12345 New Member

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    He has not been convicted yet. Him about 10 other kids broke into an old building. He did not do the breaking in but he was in the building and present when they broke in. Damage was done to a wall and the fire extinguishers we set off. He is being charged with trespassing, felony 3rd degree bugrlery and felony 1st degree criminal destruction of property.
    We are going to try to plea down to mistminerors.

    They took finger prints and shoe prints from the scene but not from him. I chose not to let him make a statement or talk to the officers.
     
    Last edited: Jul 17, 2017
  7. navypmw

    navypmw Member

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    IMO - right now don't worry about whether this will adversely effect joining an ROTC program. He needs to learn a lesson from this and be set on the right path. Hopefully he can grow and move on.
     
  8. AJC

    AJC Member

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    was he transported by the police?
    Depending on your state he might not have been arrested (technically).
    if that is the case he could possibly answer NO to the "have you ever been arrested" question.
    Instead of charge some states file "juvenile complaints" prior to filing charges
    there maybe a diversion program rather than a charge of any kind.

    My son had "contact'with the police at 14, but was never arrested (we confirmed it with the officer that filed the "complaint") or charged
    When he reported to ROTC they mentioned the requirement to declare arrests and diversion programs.
    He told his ROO the story. The reply was "did you ride in a police car?" When he answered "no" they said, don't report it on the form (security clearance).
     
  9. Mom12345

    Mom12345 New Member

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    He was not arrested. Other children involved in the break in had told the police about his involvement and we then received a court date weeks later. He never had any contact with the officers about this case.
     
  10. cb7893

    cb7893 5-Year Member

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    ^This. Nothing but this.

    The outcome of the case will determine the extent to which his opportunities, in the military or otherwise, will be affected. If he doesn't learn anything other than how to catalog exculpatory evidence in a legal proceeding, then he will mess up those opportunities and end up as the subject of a thread like this:

    https://www.serviceacademyforums.com/index.php?threads/be-smart-folks.56866/

    Mom, tell the lawyer about footprints and fingerprints and his side of the story. They mean nothing here.
     
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  11. pinkroyals32

    pinkroyals32 Member

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    Depends on the unit from what I can tell. I know my unit they asked me in addition to the question on the forms if I had any sort of run in with the law. However seeing as he's a solid 4 years out I would just focus on working hard in school then whatever happens happens.
     
  12. JaxNavyMom111

    JaxNavyMom111 Member

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    Regardless of whether he was formally charged, get a good attorney who can figure out his status. You don't want to go to court unrepresented. He definitely needs guidance through the process to get the best outcome. The client who represents themselves has a fool for a client vyou don't want to be blindsided at the hearing. It is of the utmost importance to try to get him charged as a minor and have the charges expunged by the time that he is 18. It's not just about his future military aspirations but his lifetime career path. You want to try keeping this off his record period as an adult so he is employable. All major corporations ask the question as to whether you have been convicted of a felony. Unless it's a unique situation, he will almost always be dropped as a job applicant. If his record is expunged, then he can legally respond no. If not, then he's obligated to confess and he will be disqualified as a candidate. It's crazy but the new rules are brutal and limit job options. It's more strict than the military.
     
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  13. AJC

    AJC Member

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    Not correct as far as ROTC is concerned.
    The question asked is "Have you ever been arrested?" Not "Have you ever been charged, convicted, an then the record was expunged?"
    While civilian background checks can not see expunged records the government can.
    Since the OP's son was never arrested, only summoned, it would be best to avoid be charged. Then there would be no record to expunge.
     
  14. kinnem

    kinnem Moderator 5-Year Member

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    Regardless of the outcome, and I think with an attorney there should be a favorable one, this may still need to be disclosed on a ROTC application; depending on what outcome that is. I expect due to his age, if there are no further problems, it would probably not have an impact on his application.
     
  15. k2rider

    k2rider 5-Year Member

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    I'm only curious and the ROO's on the board are probably the only ones truly qualified to answer but....would even a felony CONVICTION at age 14 be an automatic disqualification for ROTC or military service? I personally wouldn't think so in todays day and age. I know it wouldn't stop him from getting hired on with a police department out here where I worked just as long as you don't lie about it during the hiring process.

    I'm not trying to justify this kids actions because anybody that reads my posts knows I'm more of a hard-case than 98% of the posters on this board when it comes to criminal behavior. I guess that comes from being raised in a Marine household and working in law enforcement for 31 years. But kids are kids and do stupid stuff at age 14. He can/should learn from his mistakes/bad judgement in this case and one on.
     
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  16. cuckleCake1783

    cuckleCake1783 Member

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    This is a good question for a recruiter or the college ROTC department. I remember when I was 14, I didn't even think about college or ROTC I just wanted to enlist.
    Not everyone is officer material. Maybe your son could try enlisting see where that goes and then try to do officer. The reason why I say this is because theres a limited amount of officer contracts and so many other candidates who don't have criminal history. Only way you can find out is by trying.
     
  17. AROTC-dad

    AROTC-dad Moderator 5-Year Member

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    LTG Mike Flynn, who has had some more recent legal troubles, was an ROTC grad and he also had a run in as a teen with juvenile hall.

    He went on to make flag officer.

    From the Washington Times AP story:
    "Another turning point came as a teenager, when Michael ran into trouble that landed him in a night of juvenile detention and a year of probation. In his book, Flynn wrote that his “misguided mindset” led to his arrest. Joe Flynn said the arrest helped his older brother turn things around."

    Source:
    http://m.washingtontimes.com/news/2017/jul/17/flynn-returns-to-hometown-surfing-in-respite-from-/
     
    Last edited: Jul 21, 2017
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  18. cb7893

    cb7893 5-Year Member

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    Dad,

    Couldn't you come up with one other flag officer in the whole US Military to make your point, with which a do agree?
     
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  19. AROTC-dad

    AROTC-dad Moderator 5-Year Member

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    CB....totally agree.

    Unfortunately very few flag officers openly advertise their youthful transgressions! And the one who has, happens to be in a heap o' trouble!
     
  20. JaxNavyMom111

    JaxNavyMom111 Member

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    If it asks those direct questions, they have to respond honestly. I was referring more to the have you been convicted of ...? I know several young people who are not able to get hired because of stupid college behavior resulting in convictions which has basically ruined their chances of ever getting a job in many financial industries EVER. These are 18 - 20 year olds who don't realize what they've done. If they are not convicted then they can say so but they can't avoid the, Have you been arrested question? Sorry for the confusion.