Expert: MARK A. HOWELL - 4/9/2009

Question
I am currently serving a six month probation period for a misdemenor where they have withheld adjudification.  I am interested in joining the U.S. Coast Guard.  I have a few arrests, but I have never been convicted of any charges.  I do have to report to a probation officer each month until the period ends.  When should I apply for the Coast Guard?  Should I wait until the probation ends, or can I join before then? I realize that they won't accept me while on probation, but when can I get the process started and do I have a chance of getting accepted at all?

Answer
Matthew,
Short answer is, it's possible.
By chance are you from Florida or Texas? I'm just curious since Deferred Adjudication is commonly used in Florida and Texas where the jails are overcrowded.

Since your question is marked "public" and not "private" I'll explain so everyone knows what we're talking about.

Deferred or Withheld Adjudication is a kind of probation in which the judgment (the adjudication) is put off (deferred).  If the probation is successfully completed, the case is dismissed.  Deferred Adjudication is NOT a final finding of guilt and it is NOT a conviction.  That does not mean, however, that the records of the arrest, or of the probation itself, disappear when the probation is over.  They are public records, and they will never go away on their own.   You need to file a motion for nondisclosure.  If the motion is granted, the records will be sealed.  Any criminal law attorney will be able to help you with it.  While it’s not as good as an Expunction, which completely erases the arrest from your record, it’s still a good option.  Basically, Motions for Non-Disclosure seal your criminal history in a way that allows the State to keep the record (and therefore knows about it if you are ever rearrested), but is prohibited from disseminating the information to the public.  In short, if you have adjudication withheld you are not "convicted" of the crime although you are still found to be guilty of the crime.

Even though a successfully completed Deferred Adjudication will ultimately result in charges being dismissed by the criminal court, you must remember that two very important records will remain in existence and can be seen by the general public for the rest of your life.  These two records are:  (1) The ORIGINAL ARREST RECORD which contains the arresting officers notes, reports, photographs, confessions, or any other evidence seized or testimony taken during an arrest; and (2) The RECORD OF THE ACTION OF THE COURT.  This document is usually the order of probation that you signed in order to qualify for Deferred Adjudication.  This paper, with your signature on it, also contains your plea of guilty or "nolo contendere" (no contest).

Even though Deferred Adjudication is not a conviction, most employers treat Deferred Adjudication as if it were a conviction.  Even though Deferred Adjudication is not a conviction, and even though his/her charges has been dismissed with a final court disposition stating "NO FINAL CONVICTION" as well as "NO FINDING OF GUILT", the person is usually treated as if he/she had actually been convicted.

Deferred Adjudication is used by the courts to expedite cases, save money, and to keep the prison population down.
All too often attorneys advise their clients to take Deferred Adjudication because it's quick and easy for them and they collect a couple of thousand dollars fee for doing almost no work at all.

Because you have no actual "convictions" it shouldn't keep you out of the USCG.  You need to wait until late September to start the process.  The USCG starts a new fiscal year on 1 October and you want to be one of the first in line when the new quotas for recruits are given out. Also, by then your probation should be over.

Don't give up hope.  I'd say your chances are fair.

Best of luck and thanks for wanting to join the military.
Colonel H