I have no idea I had to report certain offenses to the government for my credential.
2009 Felony possession (valium)
Did 2 years probation no problems
I got a reckless driving 1/19/21 pled guilty 5/11/21
Simple Marijuana possession .01 gram arrested 11/19/21 convicted 2/11/22
Probation ended 5/11/22.
Reckless driving class completed.
Do you think these will prevent me from getting my credential when they send off on friday?
Yes
LMAOOOOO
You can get a waiver, but you have to disclose everything to them. You may want to hire a license consultant to help you.
Don’t hide anything, they are going to find out.
I suggest that you wait a few problem free years before applying.
Frome the regulations at 46 CFR 10.211:
(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 provided in paragraph (l) of this section. A conviction for a drug offense more than 10 years before the date of application will not alone be grounds for denial.
(l) 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:
(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.
Those are pretty recent. They may deny you, they definitely will if you don’t disclose. You’ll probably have to show that you’ve undergone some kind of drug treatment, and even then w a felony on the record I wouldn’t be surprised if you’re denied.
Disclose everything, every time you apply. NMC will find out if you don’t. They have a new(er) compliance team that is made up of federal investigators, lawyers, and judges. It will come back to bite you if you don’t!
I have a feeling that they do have a special section that screens for suitability. It’s probably just a computer search in NCIC and NDR by a clerk.
However, if the computer turns up a problem that probably gets passed up to someone that might be a lawyer.
NMC does not have much money or staff. Certainly not an a squad of lawyers judges and investigators.
However, the USCG and the DOJ do have lawyers and investigators. The USCG has ALJs, judges, that handle cases, like a contested hearing about whether a MMC should have been denied or granted.
Check this out - it may help you answer some questions if you haven’t seen it already.
https://www.dco.uscg.mil/Portals/9/NMC/pdfs/brochures/Criminal_Record_brochure.pdf
NMC-5 has ALJ’s immediately available to decide on licensing disputes or legal issues. S&R is the big issue nowadays with the new SASH policy. The compliance team (made up of former/current federal investigators) investigates fraud cases regularly and communicates with training providers to validate certificates (lots of fake certificates floating around!) and with companies to validate sea service. NMC is not playing around with fraud and will check, double check, and check again to verify all is in good order before issuing a credential. That’s why I said you should disclose everything, every time! Don’t try and slip anything past because they will find it!
NMC Structure as of March 2024:
Correct. NMC has an embedded lawyer, but not solely for this. I am not sure they have one right now as the person who was there retired and I don’t know if the position has been filled. No judges as I far as I know.
NMC does have a fraud investigation team (no judges or lawyers…), but unless there is reason to suspect fraud in an application, they are not going to get involved in a criminal background matter. That team was established following large-scale fraud by a school with USCG approved courses.
Generally, other than matters involving SASH-related convictions, the only time a lawyer is going to be involved is if the mariner appeals a denial and it’s evaluated at CG HQ by a number of persons, including a lawyer.