I was arrested and charged with disorderly conduct and resisting arrest. I went to court and was given the option between going to trial or completing some community service and making a donation to a charitable organization, the charges would be dismissed after this. I chose the community service/donation. It’s my understanding that this could still constitute a conviction under the USCG’s definition. Any advice as to how I should disclose this on my next renewal would be greatly appreciated.
Answer “Yes” to the conviction question on the CG-719B and then provide all of the details on the Optional Form CG-719C
If I want to upgrade my license in the next six months, what are the odds it gets approved provided I supply all the necessary supporting documentation?
It is a Conviction by law.
There isn’t a clear cut answer for many reasons. Regarding a conviction, I have no idea on the effect regarding evaluation.
There are many delays right now covered in other threads relating to staffing and printer issues. But historically delays due to inaccurate or incomplete applications are well known.
So the best advice I know of is be honest, be accurate, be forthcoming, and be patient. Convictions are not inherently disqualifying. Lying about them are.
See the definition of conviction in 46 CFR 10.107 as you noted this may be considered a conviction. You might be better to be cautious and answer yes. An inaccurate answer might be considered an aggravating factor and might add to the length of the evaluation period during which applications get additional scrutiny.
See also 46 CFR 10.211(i) and (l) and be ready to provide the additional information described.
Even without a conviction you should be applying now, there are delays in processing applications. Resolution of this matter may further delay your renewal.
For others reading here, note that you can renew up to 8 months before expiration and the MMC will be dated to coincide with the expiration date of your expiring MMC. See 46 CFR 10.205(a).
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If charges were dismissed how is this still a conviction?
46 CFR 10.107
Conviction means that the applicant for a merchant mariner credential has been found guilty, by judgment or plea by a court of record of the United States, the District of Columbia, any State, territory, or possession of the United States, a foreign country, or any military court, of a criminal felony or misdemeanor or of an offense described in section 205 of the National Driver Register Act of 1982, as amended (49 U.S.C. 30304).
If an applicant pleads guilty or no contest, is granted deferred adjudication, or is required by the court to attend classes, make contributions of time or money, receive treatment, submit to any manner of probation or supervision, or forgo appeal of a trial court’s conviction, then the Coast Guard will consider the applicant to have received a conviction.
A later expungement of the conviction will not negate a conviction unless the Coast Guard is satisfied that the expungement is based upon a showing that the court’s earlier conviction was in error.
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They weren’t dismissed. Guilty plea with penalty.
If you were charged with a felony or a misdemeanor, then the answer is clear under the CFR. You must answer “Yes” and provide a full explanation. However, in many States and municipalities, a charge of disorderly conduct is considered a “violation,” not a misdemeanor. Or maybe you pled to a lesser charge than a misdemeanor. In that case, once your case is dismissed after completion of your community service, you would not have to answer yes.