Rangers, I need help

Buster · Post by **Buster** » June 25th, 2007, 1:23 pm

Rangers, I will try to make this as short as possible:

Last September I was arrested for a felony, giving a false statement in the first degree in a traffic related incident (It's a long story so if you want the full story please PM me). I got a lawyer, and ended up receiving what is called an "Adjournment in Contemplation of Dismissal" or ACD. According to NY State Law, this is not a conviction nor an admission of guilt, and after 6 months as long as I stay out of trouble (Which I did), the charges are dismissed, record is sealed, and finger prints are destroyed.

I was upfront with my recruiter about this, and he told me he had to get the record. Today he was suppose to pick me up so we could go to MEPS. He was a half an hour late so I called him, and he told me we had a problem.

Apparently the charges weren't dismissed, the case after 6 months was closed, and according to the recruiter this looks like in the eyes of the Army that I was basically saying I was guilty.

Does anyone know more about what it means to have an ACD on your record? Is this going to have any affect on getting my Ranger contract, or the security clearances?

Thank you,

Mike

RRDTm3 · Post by **RRDTm3** » June 25th, 2007, 1:28 pm

conact the Da's office, tell them you want to join the Army to fight bad guys. See if he will have expunge it from your records, ie, it never happened. where r u at in NY?

Buster · Post by **Buster** » June 25th, 2007, 1:55 pm

Ranger RRDTm3, I am currently living in Oneida. I grew up in Verona.

Buster · Post by **Buster** » June 26th, 2007, 3:00 pm

UPDATE:

I've talked to people at the court house as well as my lawyer, and they all are telling me that this shouldn't be a problem.

With an ACD the charges are dismissed after 6 months, and that is that. The only reason they gave the recruiter my file was because he was with the military and he had my permission.

BUT my recruiter says because of the UCMJ is a different legal system, things are different.

But I personally don't understand. The charges were DISMISSED, that means I am innocent. I thought it was innocent until proven guilty in this country.

I have witnesses as well as documented proof that place me in a different city at the time of the traffic violation, and I said that in a statement to the cop, and he still came back and charged me with the traffic violations, as well as giving a false statement on top of all that, which is why the whole thing was bull shit and ALL the charges were dismissed. So why is my recruiter telling me this could cause problems with me getting my security clearance?

I DIDN'T DO ANYTHING. I was just a victim of shitty police work at it's best.

I know none of you are legal experts, but maybe some of you can shed some light onto the UCMJ's take on this for me.

Silverback · Post by **Silverback** » June 26th, 2007, 3:05 pm

Buster wrote:UPDATE:

I've talked to people at the court house as well as my lawyer, and they all are telling me that this shouldn't be a problem.

With an ACD the charges are dismissed after 6 months, and that is that. The only reason they gave the recruiter my file was because he was with the military and he had my permission.

BUT my recruiter says because of the UMCJ is a different legal system, things are different.

But I personally don't understand. The charges were DISMISSED, that means I am innocent. I thought it was innocent until proven guilty in this country.

I have witnesses as well as documented proof that place me in a different city at the time of the traffic violation, and I said that in a statement to the cop, and he still came back and charged me with the traffic violations, as well as giving a false statement on top of all that, which is why the whole thing was bull shit and ALL the charges were dismissed. So why is my recruiter telling me this could cause problems with me getting my security clearance?

I DIDN'T DO ANYTHING. I was just a victim of shitty police work at it's best.

I know none of you are legal experts, but maybe some of you can shed some light onto the UMCJ's take on this for me.

Since you are a civilian you are not subject to UCMJ and since these problems happened prior to your enlistment they would not be covered under UCMJ. The only way it could affect your clearance is if you lie about on your application.

Buster · Post by **Buster** » June 26th, 2007, 4:35 pm

Thank you, Ranger Silverback.

hit_it · Post by **hit_it** » June 27th, 2007, 10:00 am

Ahhh ACD'S....

I remember them well.

Listen close hot nuts, and I will school you.

An ACD or ACOD is you basically copping a plea, so yes in the eyes of the Army you are guilty.

The recruiter has to wait 1 year past the date the court agreed to dismiss the charges by until you may process into the Army.

And yes, you will need a moral waiver.

AR 601-210 Chapter 4 and whatever current changes are out will give your recruiter the direction he needs to go with this.

His station commander and 1SG should have known this though.

I guess there are less criminals upstate than there are in Queens Company's AO.

Buster · Post by **Buster** » June 28th, 2007, 11:12 am

SFC Hit_It, thank you very much for the information.

Buster · Post by **Buster** » June 30th, 2007, 7:38 pm

hit_it wrote: The recruiter has to wait 1 year past the date the court agreed to dismiss the charges by until you may process into the Army.

So far my recruiter hasn't said anything about that. The last time he actually talked to me, he told me I need to go through a moral review, which according to him, isn't as bad as a waiver. It's only been since March since the charges were dismissed, so if that is true, I guess it's another year of college.

At this point, if I can get in now I'm worried about how this will affect my clearance. I know that if you don't get your clearance, your needs of the Army.

Is it unheard of them to use this against me to deny me my clearance just so they can put me where they want me? Will they stoop that low, or will they give it to me if really do deserve it?

Buster · Post by **Buster** » June 30th, 2007, 8:22 pm

double post

Buster · Post by **Buster** » June 30th, 2007, 8:22 pm

PM I sent to Ranger RRDTm3, posted here upon the instruction of Ranger RRDTm3:

"Ranger RRDTm3,

My recruiter has turned out to be some what of a d-bag, so I took your advice and went ahead and contacted your friend, SFC Booser, and told him Bubba sent me, like you instructed me too.

I have only talked to him once but he seems like a very sincere person, and that he is really willing to help me out. It turns out he only lives about 30 minutes away.

He also told me that you actually told him I would be calling him. So I want to thank you for taking the time to help me here. So many people I come across try to hold me down or hold me back from what I want to accomplish, I really appreciate it when someone helps me out.

I hope to see you in regiment some time so I can thank you in person. May I ask what batt you're in, if that's not a violation of OPSEC?

-Mike"

RRDTm3 · Post by **RRDTm3** » June 30th, 2007, 8:23 pm

see fuckers, I care!

Buster · Post by **Buster** » July 1st, 2007, 9:15 am

I mean no disrespect to you or your brother, Ranger Cliv03. Even the DA said the cop that arrested me was a dick. Just like with any job, there are good police officers and there are bad ones.

Bugsy · Post by **Bugsy** » July 1st, 2007, 9:45 am

RRDTm3 wrote:see fuckers, I care!

Yeah.......... sort of like the big bad wolf did about goldielocks