I have a previous post detailing an arrest for disorderly conduct and resisting arrest. The charges were dismissed at a pre trial conference. However, a side deal was made with the prosecutor that I complete community service and make a donation, and then the charges would be dismissed. I am fairly certain this constitutes a conviction under the USCGs definition and I will have to disclose it. My lawyer told me that there wouldn’t be any record of the community service or donation, and that the case would just populate as dismissed.
I am planning on disclosing this on my next renewal, o am concerned that it won’t be approved despite providing letters of employment/references.
Any advice is greatly appreciated, this entire situation is causing me great distress. Thank you.
get your lawyers opinion in writing.
Disorderly conduct is rather normal behavior for young sailors ashore. It’s about as serious as farting in church. Hard to believe that is now an MMC disqualifer.
Cops routinely overcharge many many people with resisting arrest and assault on an officer (that just requires something the cop claims he’s perceived as a threat, without physical contact (battery)). A Resisting Arrest charge is often a proactive defense or justification for Excessive Use of Force which cops routinely apply. Hard to believe that is an MMC disqualifer.
If these petty, and often bullshit crimes are now a disqualifer, the maritime labor pool is going to have a real shortage.
What happened to the days when judges let you decide to either go to jail or to sea for a set time !?
The US government is screwing themselves and the industry out of a labor pool
Get your lawyer to have someone check with NCIC. Only then will you know what’s on your record.
From what I was told by mmc getter lawyer people, it’s best to just say it. Will find out if they were right soon and I will post my journey to getting the mmc.
You are right, anything that requires classes, community service etc is considered a conviction with uscg. They have a page that tells you the time frames that they “can use it against you” I don’t remember seeing disorderly conducts on it but could be wrong.
I just sent in original for 100 ton, stcw, assistance towing, oupv near shore. Had a reckless driving with use of alcohol in 2018, FWC hunting infraction that went away with a class, refusal to blow, and a lost drug test.
Supposedly from the lady that helped me fill it out a little, as long as you come clean and aren’t trying to hide stuff you’re ok if nothing is in the assessment period that counts. If it is in assessment period you can get letters of rec from doctors, probation, etc to get your app thru