Posted on Jan 16, 2020
PV2 Qua Thompson
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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.
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LTC Hardware Test Engineer
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Edited 10 mo ago
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 Hardware Test Engineer
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10 mo
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
PV2 Qua Thompson
10 mo
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
SFC A.M. Drake
9 mo
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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LTC Hardware Test Engineer
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9 mo
SFC A.M. Drake - yes, that's what the suitability review does.
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CSM Darieus ZaGara
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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 Hardware Test Engineer
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10 mo
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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LTC Program Manager
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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.
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