I have been searching the internet but have had no luck, I also checked older threads and could not find anything.
With that being said the question is in the title. Can a convicted felon get his/her TWIC and MMC?
A friend of mine has a Felony (possession with intent to distribute) that happened in 2009. He has been a good boy since then and has documentation that he has completed all of his court ordered counseling/classes. He is currently on Parole.
Thanks in advance.
Yes, once he is off parole. Then again I assume the crime commited would be a factor. The USCG tends to frown upon drugs use/distributing.
Does is state that in the CFRs or any article I can show someone for proof? Not to say I don’t take your word, but I should have added in my OP that I was also looking for where I can find that information. Thanks for everything.
[QUOTE=Kennebec Captain;120854]Try using the title of your thread as search terms in google.[/QUOTE]
Funny how that works…
[QUOTE=Smee;120847]Does is state that in the CFRs or any article I can show someone for proof? Not to say I don’t take your word, but I should have added in my OP that I was also looking for where I can find that information. Thanks for everything.[/QUOTE]
Yes, it does state that in the CFR. 46 CR 10.211 Look closely at sub-paragraph (l).
I’m a convicted Felon and got one. Proof
[QUOTE=Jeffrox;120857]Funny how that works…[/QUOTE]
What’s funny is clicking on the hyperlink pulls up this thread as the first search result.
, having recommendation letters from reputable Captains helps as far as character references, He will need I think 3 of them to submit and one from his parole officer wouldn’t hurt either.
They sent my application back and specifically illustrated the necessary steps I could take to have them reconsider. They told me to send in A. B. or C. And I sent them A. B. and C. I have my mmd. It all starts with the twic. I believe they are mostly concerned with charges of smuggling and terrorism?
Crimes involving extortion, dishonesty, fraud, money laundering, and identity theft
Bribery
Smuggling
Immigration-related offenses
Crimes involving the distribution of controlled substances (or possession with the intent to distribute)
Arson
Kidnapping
Certain violent crimes such as rape, aggravated sexual abuse, assault with the intent to kill, and robbery
Fraudulent entry or access into a seaport
Attempt or conspiracy to commit the crimes listed
A Felony conviction can be for something as benign as being ‘creative’ on your tax return, a DUI or in my home state of CT - possessing a firearm magazine with greater than a 10 shot capacity.
There has to be some ‘grace’ for certain non-violent or non-threatening offenses.
[QUOTE=Jetryder223;120902]A Felony conviction can be for something as benign as being ‘creative’ on your tax return, a DUI or in my home state of CT - possessing a firearm magazine with greater than a 10 shot capacity.
There has to be some ‘grace’ for certain non-violent or non-threatening offenses.[/QUOTE]
There is “grace” for some offenses. Are you even aware that there are different “assessment periods” for different offenses? Go read the reg I cited.
There are no convictions that will absolutely prevent getting an MMC. You will need to provide additional information and go through greater scrutiny, but you can still get an MMC. By the way,
“creative” tax returns are also known as “fraud”, and in court are a “crime of moral turpitude” that can be used to impeach your credibility (i.e. show you’re a lying sack of )
Okay. Since not reading the regulation isn’t preventing anyone from giving authoritative answers, here are the relevant parts:
§ 10.211 Criminal record review.
(f) No person who has been convicted of a violation of the dangerous drug laws of the United States, the District of Columbia, any State, territory, or possession of the United States, or a foreign country, by any military or civilian court, is eligible for an MMC, except as provided elsewhere in this section. No person who has ever been the user of, or addicted to the use of a dangerous drug, or has ever been convicted of an offense described in section 205 of the National Driver Register Act of 1982, as amended (49 U.S.C. 30304) because of addiction to or abuse of alcohol is eligible for an MMC, unless he or she furnishes satisfactory evidence of suitability for service in the merchant marine as [I][U]provided in paragraph (l) of this section[/U][/I]. A conviction for a drug offense more than 10 years before the date of application will not alone be grounds for denial.
(g) The Coast Guard will use table 10.211(g) to evaluate applicants who have criminal convictions. The table lists major categories of criminal activity and is not to be construed as an all-inclusive list. If an applicant is convicted of an offense that does not appear on the list, the Coast Guard will establish an appropriate assessment period using the list as a guide. The assessment period commences when an applicant is no longer incarcerated. The applicant must establish proof of the time incarcerated and periods of probation and parole to the satisfaction of the Coast Guard. The assessment period may include supervised or unsupervised probation or parole.
(i) If a person with a criminal conviction applies before the minimum assessment period shown in table 10.211(g) or established by the Coast Guard under paragraph (g) of this section has elapsed, then the applicant must provide, as part of the application package, evidence of suitability for service in the merchant marine. Factors that are evidence of suitability for service in the merchant marine are listed in[I][U] paragraph (l) of this section[/U][/I]. The Coast Guard will consider the applicant’s evidence submitted with the application and may issue the MMC and/or endorsement in less than the listed minimum assessment period if the Coast Guard is satisfied that the applicant is suitable to hold the MMC and/or endorsement for which he or she has applied. If an application filed before the minimum assessment period has elapsed does not include evidence of suitability for service in the merchant marine, then the application will be considered incomplete and will not be processed by the Coast Guard.
(j) If a person with a criminal conviction submits their MMC application during the time between the minimum and maximum assessment periods shown in table 10.211(g) or established by the Coast Guard under paragraph (g) of this section, then[B][I][U] the Coast Guard will consider the conviction and, unless there are offsetting factors, will grant the applicant the MMC and/or endorsement for which he or she has applied.[/U][/I][/B] Offsetting factors include such factors as multiple convictions, failure to comply with court orders (e.g., child support orders), previous failures at rehabilitation or reform, inability to maintain steady employment, or any connection between the crime and the safe operation of a vessel. If the Coast Guard considers the applicant unsuitable for service in the merchant marine at the time of application, the Coast Guard may disapprove the application.
(k) If a person with a criminal conviction submits their MMC application after the maximum assessment period shown in table 10.211(g) or established by the Coast Guard under paragraph (g) of this section has elapsed, then the Coast Guard will grant the applicant the MMC or endorsement for which he or she has applied unless the Coast Guard considers the applicant still unsuitable for service in the merchant marine. If the Coast Guard disapproves an applicant with a conviction older than the maximum assessment period listed in table 10.211(g), the Coast Guard will notify the applicant in writing of the reason(s) for the disapproval. The Coast Guard will also inform the applicant, in writing, that the reconsideration and appeal procedures contained in subpart 1.03 of this chapter apply.
B If an applicant has one or more alcohol or dangerous drug related criminal or NDR-listed convictions, if the applicant has ever been the user of, or addicted to the use of, a dangerous drug, or if the applicant applies before the minimum assessment period has elapsed for his or her conviction, the Coast Guard may consider the following factors, as applicable, in assessing the applicant’s suitability to hold an MMC. This list is intended as a guide for the Coast Guard. The Coast Guard may consider other factors appropriate to a particular applicant, such as:[/B]
(1) Proof of completion of an accredited alcohol or drug abuse rehabilitation program;
(2) Active membership in a rehabilitation or counseling group, such as Alcoholics Anonymous or Narcotics Anonymous;
(3) Character references from persons who can attest to the applicant’s sobriety, reliability, and suitability for employment in the merchant marine including parole or probation officers;
(4) Steady employment; and
(5) Successful completion of all conditions of parole or probation.
[QUOTE=“Smee;120845”]I have been searching the internet but have had no luck, I also checked older threads and could not find anything.
With that being said the question is in the title. Can a convicted felon get his/her TWIC and MMC?
A friend of mine has a Felony (possession with intent to distribute) that happened in 2009. He has been a good boy since then and has documentation that he has completed all of his court ordered counseling/classes. He is currently on Parole.
Thanks in advance.
I know an AB that had a felony with time served. He had a hard time getting it and showing proff of all the court mandated classes he had to do. So it is possible.
Thank you all for your responses .
There seems to be clear answers in the CFRs but according to those in the industry, there are those out there working with a felony on their record. It could be possible that these men/women had their MMC prior to getting a felony, although I would not know. I guess the only way to find out is apply. I will check back in after all is said and done and let you know what happened.
[QUOTE=Smee;120970]Thank you all for your responses .
There seems to be clear answers in the CFRs but according to those in the industry, there are those out there working with a felony on their record. It could be possible that these men/women had their MMC prior to getting a felony, although I would not know. I guess the only way to find out is apply. I will check back in after all is said and done and let you know what happened.
It’s definitely possible. It’s more difficult with drug offenses, but still possible.
[QUOTE=Jetryder223;120902]A Felony conviction can be for something as benign as being ‘creative’ on your tax return, a DUI or[B] in my home state of CT - possessing a firearm magazine with greater than a 10 shot capacity.[/B]
There has to be some ‘grace’ for certain non-violent or non-threatening offenses.[/QUOTE]
and that’s part of why some states in the NE really suck balls.
how much do you think my 100 rd Beta-C magazine can fetch $ in CT? might be able to pay a year’s tuition for you…
[QUOTE=Johnny Canal;121040]and that’s part of why some states in the NE really suck balls.
how much do you think my 100 rd Beta-C magazine can fetch $ in CT? might be able to pay a year’s tuition for you…[/QUOTE]
Agree - MA, CT, and NY are hell bent on making otherwise law abiding citizens felons with their recent over the top attempt at gun control.
That was the point of my post. Felonies are no longer reserved for sociopathic criminals. Any offense with the POTENTIAL of a 1 year or greater jail term is by default a Felony. If you are charged and accept a plea deal with not a single day in jail, you can still be labeled a felon for life.
Something is very wrong with that. Still, It was good of jdcavo to set the record straight that there is a review process and a conviction alone does not automatically disqualify you from working on board.
ps: I still have a 25 round mag for my Ruger 10-22. I have until end March of next year to A) Destroy it; B) Surrender it to law enforcement; C) Sell it out of State; D) Apply to the State Department of Pubic Safety for a special permit - With a fee that exceeds what I paid for the silly thing. I’m going to sell it on eBay and donate to proceeds to the NRA.
[QUOTE=Jetryder223;121046]Agree - MA, CT, and NY are hell bent on making otherwise law abiding citizens felons with their recent over the top attempt at gun control.
That was the point of my post. Felonies are no longer reserved for sociopathic criminals. Any offense with the POTENTIAL of a 1 year or greater jail term is by default a Felony. If you are charged and accept a plea deal with not a single day in jail, you can still be labeled a felon for life.
Something is very wrong with that. Still, It was good of jdcavo to set the record straight that there is a review process and a conviction alone does not automatically disqualify you from working on board.
ps: I still have a 25 round mag for my Ruger 10-22. I have until end March of next year to A) Destroy it; B) Surrender it to law enforcement; C) Sell it out of State; D) Apply to the State Department of Pubic Safety for a special permit - With a fee that exceeds what I paid for the silly thing. I’m going to sell it on eBay and donate to proceeds to the NRA.[/QUOTE]
nothing like being a retroactive criminal by way of CT legislature.
how about: (E) CT go f%^$ your self and then (F) Move to somewhere unlike MA, CT, and NY.
as far choice (F) goes, you should do that anyway. no point in paying state income tax when you don’t have to. just rent a place in NH with some fellow mariners for a few years before you even think about setting down roots…