Posted on Jan 16, 2020
What is the possibility of getting a criminal waiver approved for a theft of property (1st) charge?
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I was arrested three years ago on a theft of property charge and I am wanting to re-enlist in the Army NG. I have an outstanding recruiter who has been working with me for a while, but I wanted to find out if anyone has ever processed a ToP 1st charge and what the outcome was as far as approval odds. Yes, the charge has since been dismissed for a year now and I’ve kept my head straight and have all documentation to show everything has been dismissed. Currently working on getting it expunged as well. Be advised at no point am I trying to hide it; even with an expunged record I know they still have access to it. That’s not what I’m saying I just need to see if I have a chance of getting back in. Also I should mention I have an honorable discharge, unfortunately with an RE-3 code, so I’m actually going to need two waivers.
Re-enlistment
Waivers
RE Code
Posted 5 y ago
Responses: 13
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Keep in mind that arrest =/= conviction. People get charged for things all the time. If you were never convicted, it shouldn't be an issue. Not a recruiter but I don't see why you should need a waiver for being arrested on a charge that was dismissed. You will need to undergo a suitability review but since you were never convicted or didn't take a plea deal you shouldn't need a waiver. As for the RE-3 code, that too shouldn't be much of an issue. I got back in after 8 years with an RE-3 code and 3 years later got a commission. If your recruiter knows his stuff you should be able to get back in.
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LTC (Join to see)
PV2 Qua Thompson - if a single dismissed charge is the only thing on your record, it shouldn't be an issue. A suitability review will look at the details of the charge, the only way it would be an issue is if you actually did it and it got dismissed due to a technicality. for example if they had evidence you committed the crime but it got dismissed because they forgot to read you your rights or someone screwed up some of the paperwork or evidence turned up missing, etc. then a suitability review could decide to deny you.
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PV2 Qua Thompson
Okay understood sir. Thank you for the swift responses and information; gratefully appreciated.LTC (Join to see)
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SFC A.M. Drake
LTC (Join to see) the charge would still need to be looked at regardless of it was dismissed, expunged, stricken from the record, etc. the fingerprints is what matches up with the database.
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If the charges were dismissed your record is essentially clean. Never a 100% you should be ok.
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LTC (Join to see)
the key is that he was not convicted. He will have to go through a suitability review due to the charge but since there was no conviction it shouldn't require a waiver.
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It's been years since I was working National Guard recruiting in the 1990s but I read that charges were dismissed for a property crime. I'm not a betting man but I think that will be approved.
It all depends on how bad they need people. If they are at strength they won't do waivers, if they are under strength or trying to grow, they will.
It all depends on how bad they need people. If they are at strength they won't do waivers, if they are under strength or trying to grow, they will.
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