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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19773
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I am applying for Navy Officer Candidate School. When I was

Customer Question

I am applying for Navy Officer Candidate School. When I was a juvenile, I got a DUI and Underage drinking offense at 17, and received a consent decree. I am currently 22. Since I was a juvenile, and it has been expunged and I was never convicted, do I have to mention it when applying for OCS?
Submitted: 2 months ago.
Category: Military Law
Expert:  Marsha411JD replied 2 months ago.

Hello,

Thank you for the information and your question. I would have to see the application form language in order to tell you if you must list the juvenile arrest and disposition. If you can give me the SF or DD number of the form or write down the exact language of the question/s that pertain to your criminal history, then I can confirm what I suspect. Unfortunately, it was entirely too many years ago since I commissioned for me to remember the exact language, which is the language that will govern whether you must list this history or not.

Customer: replied 2 months ago.

I believe the form number was 2708. I do not have it handy because the email server that It is on is currently down. But I believe the language was something similar to "have you ever had any trouble with law"

Customer: replied 2 months ago.

I thought my rights as a minor with a consent decree is that I would never have to mention that I was in trouble if I abided by the terms of the consent decree without any violations.

Expert:  Marsha411JD replied 2 months ago.

Hmmm. Unfortunately, that form number is ***** up as "receipt of detained prisoners" so not the right one. The language is key and it wouldn't be as vague and general as you have indicated, so I once you can access the form and the language, you can send that to me and I can comment on it. Most of the time though it will ask for all arrests regardless of disposition and usually does not limit it to only those as an adult. The reason is that the FBI NAC check picks up all criminal arrests and dispositions, even those that are expunged or sealed and as juveniles. This information is also used for security background checks. There is no limit on what background information the military services can use to make their decisions as to commissioning or security clearances.

But again, best if I see the exact language.

Customer: replied 2 months ago.

Sorry the form is 2807, and the question is #138

Expert:  Marsha411JD replied 2 months ago.

It's showing up as the medical portion of the application. Can you just quote the language for me? Is there is dash and then a number after the 2807?

Customer: replied 2 months ago.

"Been arrested or other encounters with law enforcement" It is in the medical form, but it is a yes or no question.

Expert:  Marsha411JD replied 2 months ago.

Oh, I see. That is odd that this is the first time you have run across that question. In other words, if you have applied for a commissioning program you should have also completed a background check/application, independent of the medical form. But, in any event, as far as this particular form goes, the answer would be "yes" since it just asks about arrests. It doesn't matter what the disposition was, the language is clear that regardless of the disposition it would be yes. But, I am more concerned about what you would have written on your forms for your actual application for commissioning versus the medical portion. Have you filled those out yet?

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