If someone is looking to join ROTC, should they disclose an arrest for shoplifting if they were never convicted or charged?

Mimi Ware — Wed, 31 Mar 2021 00:23:44 -0400

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Response by MSG Private RallyPoint Member made Mar 31 at 2021 1:10 AM

MSG Private RallyPoint Member — Wed, 31 Mar 2021 01:10:22 -0400

Tell your nephew to hide nothing. On regards to the fingerprint question, he needs to answer truthfully. If he answers NO and the background check comes back that he did and for why....it's gonna bite him. As for the first part, if he never was arrested not went to court, who assigned/asked him to do the counseling and community service? Either way, your nephew should hold nothing back. Omitting information, intentionally, and it being found out later will never ever turn out well for the applicant. Even if he was never arrested for the shoplifting, there should be a block for him to explain what happened.

Response by LTC Jason Mackay made Mar 31 at 2021 1:10 AM

LTC Jason Mackay — Wed, 31 Mar 2021 01:10:38 -0400

I will answer with two statements
1. They will run him in NCIC which has any interaction with LE entered in it, even if he was not charged, even as a witness providing a statement. Especially if fingerprinted.
2. Concealing and omitting information is worse than disclosing information with any kind of clearance

Response by LTC Stephan Porter made Mar 31 at 2021 1:41 AM

LTC Stephan Porter — Wed, 31 Mar 2021 01:41:43 -0400

Seems like the answers to the questions ere in your description.

He was arrested...

He was fingerprinted...

Response by SSG Samuel Kermon made Mar 31 at 2021 7:22 AM

SSG Samuel Kermon — Wed, 31 Mar 2021 07:22:00 -0400

As a minor I got in trouble. When I went to sign up I disclosed what happened. Not disclosing would have been a second mistake, and one that could have really ruined my life.

Response by SSgt William Quinn made Mar 31 at 2021 8:09 AM

SSgt William Quinn — Wed, 31 Mar 2021 08:09:43 -0400

Yes. Also, see if you can file for an expungement. Should not stop him or her from entering service. Hell, I was at a job fair in a prison and saw the Army recruiters there. I asked them why they were recruiting in a prison, They said they could accept people with certain crimes and that served 2 years or less. When I joined, you could not have a ticket over $100.

And no, I was not an inmate. We had a booth for our program, for inmates upon release and reentry into the community.

Response by Lt Col Jim Coe made Mar 31 at 2021 9:25 AM

Lt Col Jim Coe — Wed, 31 Mar 2021 09:25:00 -0400

Always tell the truth on any Government form. Your nephew is far better off to tell it like it is than to try to cover something up. Make sure the incident you describe actually fits the legal definition of "arrest", "charged", or "convicted." If for some reason nephew was not legally arrested, charged, or convicted, then he might answer "no," but your description sounds like a "yes" would be appropriate. Please understand I'm not a lawyer. Seek legal advice to fully resolve the situation.

Lots of young people do stupid things like shoplifting, fighting, under-age drinking, etc. If they admit their error, learn from it, and change their ways, I hope it wouldn't keep them from entering ROTC.

Response by LT Brad McInnis made Mar 31 at 2021 11:47 AM

LT Brad McInnis — Wed, 31 Mar 2021 11:47:11 -0400

Mark yes, explain what happened. Better to tell them ahead of time, rather then they find out about it. The military HATES surprises.

Response by CWO3 Private RallyPoint Member made Mar 31 at 2021 1:00 PM

CWO3 Private RallyPoint Member — Wed, 31 Mar 2021 13:00:22 -0400

Full disclosure is most always best. Answer yes, and explain in remarks. The old enlistment forms used to have (not a quote) ...regardless of whether it was expunged or never adjudicated... to the question.

Response by SrA John Monette made Mar 31 at 2021 1:01 PM

SrA John Monette — Wed, 31 Mar 2021 13:01:00 -0400

disclose ALL arrests. period. end of story. Unless it mentions a certain time period, which I don't think it will, disclose. Plus, if he got barred from the PX and had to serve community service, I believe that would qualify as a conviction. Why else would he have to do community service?

Response by 1LT Christopher Gonzales made Mar 31 at 2021 1:45 PM

1LT Christopher Gonzales — Wed, 31 Mar 2021 13:45:07 -0400

Lots of people have said this, but being honest and over-disclosing is way better than hiding anything.

I submitted honestly and during my interview I referenced stuff in my past they didn’t find. Thought I was screwed. Nope. Still got a my TS clearance.

Response by SSG Brian G. made Mar 31 at 2021 1:54 PM

SSG Brian G. — Wed, 31 Mar 2021 13:54:55 -0400

Yes. Why? Because they are going to run through local, state and federal databases and even though there is no conviction the arrest will still show up. A charge means nothing, only convictions. Second, if you do not list this then you could be charged with concealing, omitting information from an official form and that is almost always grounds for discharge/termination and permanent disqualification from any military service.

My advice is for him to be honest. Tell them straight up and then let them decide. This way at least they have the information that he willingly provided and are not surprised if it shows up whereas if he lies and does not disclose it and it shows up that is eyebrow raiser that will incite questions and quite possibly non-consideration.

Response by SFC Private RallyPoint Member made Mar 31 at 2021 4:22 PM

SFC Private RallyPoint Member — Wed, 31 Mar 2021 16:22:28 -0400

Yes. Don't ever lie on government forms. Ever.

Response by COL Jon Thompson made Mar 31 at 2021 5:12 PM

COL Jon Thompson — Wed, 31 Mar 2021 17:12:16 -0400

He needs to answer the questions honestly. Those are yes or no questions. If he lies and then the program discovers that he lied, it will be a fraudulent contract. So it is better for him to admit what happened than try to hide it. If he has any questions, he should talk to someone at the program to get advice vs. going through a relative who is asking on Rally Point.

Response by Mimi Ware made Apr 1 at 2021 12:30 AM

Mimi Ware — Thu, 01 Apr 2021 00:30:55 -0400

Thanks to all for the honest answer. He was going to do the right thing, and he’s going to do the right thing. He just didn’t know how to answer to the question cause, he didn’t know if it matches his situation. We are family that believe in honesty. “Say the truth, and the truth shall set you free “.