Careers: Military--Army, Navy, Airforce, Marines, Coast Guard/Navy Recruitment-Dismissed case

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Expert: - 11/12/2008


Question

    My brother in law is trying to enlist in the Navy. Everything was going fine but they are now saying he cannot enlist for a reason I don't think is legitimate. My brother in law was falsely accused of statutory rape about two years ago. A friend of his brother said his name when meeting an underage girl. The girl's mother found her diary saying she had sex with someone bearing my brother in laws name so she went after him. The description the girl gave in the diary was someone who bore no resemblance to my brother in law. The girl also refused to testify or come to court, but her parents still went after him. My sister and brother in law went to court one day and  received a letter stating his case was dismissed due to lack of evidence. This ordeal only lasted a couple of months, and these were only the hearings to see if there was enough evidence to go forth.
The Navy is saying that this incident is still on his record and will prevent him from being able to join. I am wondering if this is correct. It was only the hearings it never went to trial so how could it be on his record? They are saying he needs a letter from his state representative. How can something be on your record if it never even went to trial? Thank you for whatever information you can give.


Answer
What the record shows is that he was arrested and charged.  That fact does not go away.  However, it should also show that it was NOLLE process, which means, the charges were dropped.  

I recommend that he go see a different recruiter or different branch.  When we ask about criminal record, we don't ask what one has been convicted of, but what has one been charged with.  It is ok to be charged with a crime, but never convicted.  We only count convictions against a person, not charges.  The only time we take charges into account is if one has been charged with several crimes over a time period, but most were dropped.  That tends to show a pattern.

If this crime was his only charge, he should be eligible since it was dropped.

Good luck

Careers: Military--Army, Navy, Airforce, Marines, Coast Guard

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John L

Expertise

I am a National Guard recruiter , been doing it for seven years and am a subject matter expert on qualifications for National Guard and I keep up to date on Regular Army regs and programs. I was in the Navy for 4 years and have 13 years in the Guard. I will not sugar coat my answers to you. They are usually short and to the point. If you need more in depth, ask me. Because each situation is different, alot of times you need to actually talk to a recruiter and let them evaluate your situation in person, by looking at your documents, issues etc. If I suggest this, it would be in your best interest to do so. Finally...thank you for your interest in serving this great nation of ours. Very few people can actually make the cut to serve let alone choose to do so. So thank you for wanting to and hopefully you will get a chance. Whatever branch you choose, thank you and good luck.

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13 years Guard experince, combat missions and homeland missions. 7 years recruiting. I have been a platoon sergeant and squad leader. Mentor to new recruiters and recruits.

Education/Credentials
Recruiters course and advanced courses in recruiting

Awards and Honors
Top recruiter in district for FY 2008. Nominated for recruiter of the year for 2010.

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