I was recently convicted of somthing, that i hardly had anything to do with, at any rate I have a felony, i want to renew my z card… TWIC said I can get a waiver…
You will have a very hard time with it being recent. If it’s within a year, on any drug charge, you will not even be evaluated (this is for use or possession). If it’s a sale or redistribution of drugs felony, you can hang it up for 5 years. If drug convictions are over 10 years old, they will not even be considered and are usually not a problem at all, provided all obligations have been met. Reference 46 CFR Table 10.211(g)—Guidelines for Evaluating Applicants for MMCs Who Have Criminal Convictions. You can always challenge any decisions made toward your application.
hmmm well the conviction was over a year ago, and the “crime” was commited about 3 years ago, what if the guy who lied and set me up wrote a letter saying that i was lied to by him and set up?
The reckoning date is the convictionl not the crime. The NMC is not going to re-try your case or consider additional evidence. If it’s your only offense, they will go for the miniumum waiting period in the CFR. If itr is for use or posession, it’ll likely be 1 year., if it’s trafficking it will likey be 5 years (the max. is 10)
I’m not sure of the internal process that is used by NMC, but they are not the judge and jury - that part was settled. They just apply that conviction to your ability to serve in a certain capacity. If you fall within the assessment period, you will be evaluated and the burden will be on you to help them make a decision on way or another. They will look at the specifics of the case, I’m sure. So make sure that you have anything and everything - transcripts, fine receipts, etc… The most important thing is to be honest with the evaluator and on the application. If you do not have anything else on your record - something that will not lead them to believe that you’re a habitual offender, you may be fine. It will just be a process that you’ll have to go through.
[QUOTE=Red;30554]hmmm well the conviction was over a year ago, and the “crime” was commited about 3 years ago, what if the guy who lied and set me up wrote a letter saying that i was lied to by him and set up?[/QUOTE]
If that guy is stupid enough to write a letter to the Coast Guard claiming “he lied”, go for it. Did you plead “Not Guilty”? Or did you feel forced to cut a deal in order to avoid additional jail time?
Have you always maintained your innocence according to court records? If so, I have hope for you.
So get that guy to write the letter for the Coast Guard. Tell him the Coast Guard requires him to sign it in front of a Notary. Once you have your ‘Get Out of Jail Free Card’ don’t sent it to the Coast Guard right away. First, take it to a Judge. Hopefully, you can get your conviction overturned. Inform the Coast Guard regardless of whether you win or lose. The Notary will verify your lying friends ID and then get his thumb print.
If this doesn’t work consider Rehab.
Good Luck, you will need it…
[QUOTE=DP Mate;30605]Once you have your ‘Get Out of Jail Free Card’ don’t sent it to the Coast Guard right away. First, take it to a Judge. [/QUOTE]
Excellent suggestion DP. In some states, you wont be able to approach a judge directly with this, but you can ask the Clerk of Courts office for the appropriate forms for an annulment or expungement if you want to do this yourself, or speak with a private attorney. In my state, you can go to the prosecutors office who would review the situation, point you in the right direction on getting your record cleared and bring up your “buddy” on Falsification and Perjury charges.
There are two separate issues that may have to be addressed depending upon the facts of your case.
46 CFR 10.211 has two separate sections dealing with drug [U]use[/U]. 10.211(g) is the assessment period for convictions that everyone else has touched on. There is also 46 CFR 10.211(f) which is based on statute (46 USC 7503). “No one who has ever been the user of, or addicted to the use of a dangerous drug, …is eligible for an MMC, unless he or she furnishes satisfactory evidence of suitability for service in the merchant marine as provided in paragraph (l) of this section.” 46 CFR 10.211(f). If your situation involves use or addiction to dangerous drugs, look at 46 CFR 10.211(l).