Thursday, November 21, 2019

Navy Criminal Disqualifications for Enlistment

Navy Criminal Disqualifications for EnlistmentNavy Criminal Disqualifications for EnlistmentCertain criminal offenses may preclude enlistment in the United States Navy. Its important to bedrngnise that conviction is elend necessarily required. The Navy is more interested in whether or not the person actually committed the offense, rather than whether or not some court was lenient or generous in how they handled/prosecuted the offense. For the purposes of enlistment in the military, there is no such thing as a sealed record, or an expunged record. One is required, by law, to list all incidents where one was arrested or charged, regardless of the final outcome. Whether or not an offense counts or not, depends on whether there was a conviction or any type of adverse adjudication. When it comes to criminal offenses, enlistment qualifications, and waivers, the following definitions apply. Conviction A conviction is the act of finding a person guilty of a crime, offense or other violat ion of law by a court or competent jurisdiction or other authorized adjudicative authority. This includes fines and forfeiture of bond in lieu of trial. Adverse Adjudication (Adult or Juvenile) Adverse adjudication refers to any conviction, finding, decision, sentence, judgment, or disposition other than unconditionally dropped, unconditionally dismissed, or acquitted. Participation in a pretrial intervention program as defined below must be processed in the same manner as an adverse adjudication. Pretrial Intervention/Deferment Every state has a program by which offenses are diverted out of the regular criminal process for a probationary period. While the programs vary from state to state, they all require the defendant to meet some requirement (e.g., reporting or non-reporting probation, restitution, or community service), after successful completion of which the charge is disposed of in a way that does not result in a final adjudication of guilt. Charges disposed of in th is manner must be processed as an adverse adjudication. Stet Processes A stet process is a judgment that all further action in a case be stayed. Frequently referred to as a stet, it is often used by prosecutors to dispose of criminal action without actually having to try a case on its merits. A stet may be considered as equivalent to dropping charges if the prosecutor does not contemplate any further proceedings on the case and the case has not been handled through a pretrial deferment program. A letter from the district attorney is required to verify a stet. Nolle Prosequi Commonly called nol pros, nolle prosequi is a formal entry on the record that the prosecutor will not prosecute the case any further. A nol pros may be considered equivalent to dropping charges if the prosecutor does not contemplate any further proceedings on the case and the case has not been handled through a pretrial deferment program. For enlistment purposes, the Navy classifies offenses into four are as Chart A Minor Traffic Violations Requires a waiver for six or more violations.Chart B Minor Non-Traffic Violations/Minor Misdemeanors Requires a waiver for three or more violations.Chart C Non-Minor Misdemeanors Requires a waiver for one or more violations.Chart D Felonies Requires a waiver for one or more violations. Felony waivers are extremely rare.

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