What is the possibility of getting a criminal waiver approved for a theft of property (1st) charge?

2020-01-16T05:41:59-05:00

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.

Response by LTC Private RallyPoint Member made Jan 16 at 2020 5:52 AM

2020-01-16T05:52:52-05:00

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.

Response by CSM Darieus ZaGara made Jan 16 at 2020 6:14 AM

2020-01-16T06:14:31-05:00

If the charges were dismissed your record is essentially clean. Never a 100% you should be ok.

Response by LTC Private RallyPoint Member made Jan 16 at 2020 8:21 AM

2020-01-16T08:21:24-05:00

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.

Response by SFC Private RallyPoint Member made Jan 16 at 2020 8:40 AM

2020-01-16T08:40:09-05:00

It is the gaurd so it's gonna happen. But what was the value of the item? That is what determine the waiver level.

Response by MAJ Javier Rivera made Jan 16 at 2020 8:45 AM

2020-01-16T08:45:19-05:00

50-50 but who knows!

Response by SPC Private RallyPoint Member made Jan 16 at 2020 12:17 PM

2020-01-16T12:17:55-05:00

I had a separate issue but for me it was based off of the arresting charge not the conviction, I had to get a waiver for it. However it was not a property crime. In my experience a recruiter will say he’s not allowed to talk to you until it’s reached a certain time and other requirements (such as the case being closed and probation being over) have been met. With that being said I would say if your recruiter is working with you it’s a very good sign.

Response by SFC Wanda Estes made Jan 16 at 2020 7:56 PM

2020-01-16T19:56:11-05:00

None

Response by SFC Wanda Estes made Jan 16 at 2020 8:01 PM

2020-01-16T20:01:00-05:00

Someone just made the comment your record was clean because you were not convicted. Then why would you need a waiver for that anyway? If you have to have a waiver that means something's not right. I'm a X ring wearing recruiter. Something is missing from your story. And why do you have an re code of 3 for separation? In other words what was your reason for separation?

Response by SGT Eric Davis made Jan 16 at 2020 8:06 PM

2020-01-16T20:06:47-05:00

It’s possible but if I was you I would try to get my record expunged cause re3 waiver is already enough

Response by SSG Gabriel Lord, MHRD made Jan 17 at 2020 6:52 AM

2020-01-17T06:52:45-05:00

Morrell Award former recruiter here. As mentioned above, it depends on how bad they need a prior service re3 enlistment - which isn't usually priority. If the recruiter is working with you, really working with you (returning your calls, meeting with you etc) they probably know their stuff and the local MEPS and how to process through their system. Having said that, it depends largely on the latest USAREC policy, which does tend to change based on need. Best of luck! We need experienced soldiers.

Response by SFC A.M. Drake made Jan 19 at 2020 4:29 PM

2020-01-19T16:29:44-05:00

What’s up with the RE-3 code?

Response by LTC Charles T Dalbec made Jan 21 at 2020 11:47 AM

2020-01-21T11:47:57-05:00

You must be completely out and have been discharged so you are not re-enlisting but enlisting. Is that correct? If so then continue to work with recruiter. However like said it all depends on the needs of the Army. Good luck Gua.

Response by CW4 Craig Urban made Aug 28 at 2020 2:45 AM

2020-08-28T02:45:20-04:00

This going to be tough Pvt