Criminal Trespass - Licence Application

Would a criminal trespass conviction be a show stopper for a license?

The CFRs have all those answers in them as far as what convictions are acceptable and time frames and such but easiest way is to call the National Maritime Center at 888-427-5662 and ask them, they should have the answers to what your going for, Be honest and tell them exactly what it is so they can give you the correct answer. And stop stalking your ex.

[QUOTE=beekerbetter;133896]Would a criminal trespass conviction be a show stopper for a license?[/QUOTE]

First, nothing is a “show stopper” as explained below.

Generally, if you have a criminal conviction, there is a minimum assessment period, it varies depending the offense. The assessment periods for various offenses are in 46 CFR 10.211. If all you do is submit the normal application and nothing else, yopu will have to wait until the assessment period is over. But you can still get an MMC before the end of the assessment period. 46 CFR 10.211(l) provides:

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[U] if the applicant applies before the minimum assessment period has elapsed for his or her conviction[/U], 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:

(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.

Criminal trespass is not listed in the table in 46 CFR 10.211, it would be considered as “other crimes against property.” There is no specific prescribed assessment period, but it is likely the NMC would set it at 1 to 3 years, depending on the circumstances. If the conviction is older than that, you may have no issues. If it is less than, you may have to wait out the assessment period or provide the additional information noted above.