# 101st entry?



## Phoenix (Aug 27, 2016)

I am having problems gaining entry into the Army, and really do not know where to turn. My criminal record I recently found upon review, should have 0 felonies according to state statutes of Wisconsin and the United States Constitution, and at most 1 maybe 2 misd. So here are my questions, if I may? 1. How do I correct my record for background check? One of the felonies is Forgery, Uttering. However, the amount stated on ccap is around 800.00 I believe. Wisconsin statutes require 2500.00 or greater, and the charge is 16 years old. 
2. Would a full pardon from Governor Walker be sufficient to be able to pass the background check for entry?
3. What are the requirements for the 101st Airborne Assault Screaming Eagles? That is my goal, I will not stop trying until every single option has been exhausted to the point of no return, or my death, whichever comes first. I do not care what it takes to reach my goal, however, I refuse anything that is not within my legal rights. I am not trying to cheat the system, only trying to keep my promise to my father a few hours before he passed away. Any help or advice would be extremely grateful.


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## 104TN (Aug 27, 2016)

Phoenix said:


> I am having problems gaining entry into the Army, and really do not know where to turn. My criminal record I recently found upon review, should have 0 felonies according to state statutes of Wisconsin and the United States Constitution, and at most 1 maybe 2 misd. So here are my questions, if I may? 1. How do I correct my record for background check? One of the felonies is Forgery, Uttering. However, the amount stated on ccap is around 800.00 I believe. Wisconsin statutes require 2500.00 or greater, and the charge is 16 years old.
> 2. Would a full pardon from Governor Walker be sufficient to be able to pass the background check for entry?
> 3. What are the requirements for the 101st Airborne Assault Screaming Eagles? That is my goal, I will not stop trying until every single option has been exhausted to the point of no return, or my death, whichever comes first. I do not care what it takes to reach my goal, however, I refuse anything that is not within my legal rights. I am not trying to cheat the system, only trying to keep my promise to my father a few hours before he passed away. Any help or advice would be extremely grateful.


The requirements to get assigned to the 101st are the requirement to enlist in whatever MOS you contract with and request Fort Campbell as a duty station. There's no barrier to entry/pre-req. for assignment. As far as your legal stuff, I'd suggest you retain a lawyer to talk through your options.


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## Gunz (Aug 27, 2016)

I'm assuming those are convictions and not just arrests? Depending upon the laws of your state, a lawyer may be able to get your record "expunged." @rick is right to suggest a lawyer. Deal with your record first and then make your approach to a recruiter.


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## Red Flag 1 (Aug 27, 2016)

Ocoka One said:


> I'm assuming those are convictions and not just arrests? Depending upon the laws of your state, a lawyer may be able to get your record "expunged." @rick is right to suggest a lawyer. Deal with your record first and then make your approach to a recruiter.



Won't this put any security clearance out of reach, even with the record being expunged?


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## Gunz (Aug 27, 2016)

Red Flag 1 said:


> Won't this put any security clearance out of reach, even with the record being expunged?



Yeah.
I believe you're required to disclose any criminal charge or conviction in your past --regardless of expungement--when filling out the paperwork. If you withhold it they'll  find out about it anyway and you'll get denied for not being honest.


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## AWP (Aug 27, 2016)

Unless something's changed you need a minimum of a SECRET for SF.

This isn't SOF, moved to Military.


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## Diamondback 2/2 (Aug 29, 2016)

If your record shows an arrest, you have to disclose the outcome of the arrest. Conviction or Non-Conviction is what the Army will look at. There are no waivers for felony crimes or misdemeanor domestic family violence, unless pardoned. Expunged records, can remove the arrest record, but for some reason, they always seem to show up on the FBI finger print check. You run the risk of being looked at as a liar if you fail to disclose an arrest and than they pop you with it. Best to disclose and than state records have been expunged/sealed at that point you are not lying but technically telling them to eat a dick on the conviction record.

If you get in you will most likely not be eligible for quite awhile for a secret clearence, which will heavily restrict the jobs you can do and your promotional potential. Generally 3-5 years of absolutely zero law enforcement contact, good credit and debt, stable life style (no drinking, drugs, partying, etc). You won't be joining a SOF unit for at least your first enlistment, if ever. But that is not to say don't try, you never know until you put your best foot forward. Just realize you are at a major disadvantage.

I agree with @rick you need a lawyer, and you need to sit down with your lawyer and the recruiter and figure out exactly what needs to be done to move forward, if it is possible.


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## Phoenix (Aug 30, 2016)

I am thinking I should be more than eligible for a full pardon. As I think I stated earlier, the arrest and conviction record I have is mostly illegal according to that states law, I just did not realize they could not do what they did at the time. I will take the advice and find a lawyer. I can do a full enlistment no problem, with 0 law enforcement contact, and 0 disciplinary reports once I get in. I realize it is a very long shot, and I love those odds. I have been helping in the community, not for brownie points, but because it is the right thing to do and it is in my heart to do it. That being said, I can do anything I set my mind to. " My mind is the weapon, everything else is merely an accessory"


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## policemedic (Aug 30, 2016)

So let me understand this. You were arrested by the police, charged by a district attorney, and convicted in a court of law overseen by a neutral judge (and possibly in front of a jury). This happened more than once. Yet you maintain the laws of the  state of Wisconsin and the United States Constitution prohibit what happened. 

I don't think the law means what you think it means.

If I were evaluating your waiver or security clearance the lack of personal accountability you're showing would give me pause. 

You need a lawyer, but retaining one doesn't guarantee success.  Good luck in the future.


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## Phoenix (Sep 8, 2016)

Pardon is out of the question, I called Gov. Walker and he has suspended all pardons indefinitely for Wisconsin. Yes, I maintain the law prohibits at least 2 felonies from have happening. 
"
(3) Whoever, with intent to defraud, does any of the following is guilty of a Class A misdemeanor:
(b) Falsely makes or alters any writing of a kind commonly relied upon for the purpose of identification or recommendation;"
 Missouri attempted a similar situation a year ago, were called to a Chrysler Sebring, I was in a Dodge 4 door, sat 197 days, found guilty, requested a Federal hearing pursuant to Franks v. Delaware and a few days later decision was reversed and found not guilty. I know the law, inside out, I know the constitution, inside out. I went through 2 Judges, 4 prosecutors through it, they were playing hot potato. Buckener Mo. backed way up over a traffic ticket. Again, Probable cause, the  I still have that paper work. Probable cause - 4th amendment - is where that one starts at. 7/10 of the first 10 were hit, including the pre-emble. A traffic ticket in Buckner, Mo. The arresting officer lied to the judge over her signature because she wrote a violation for something that was nowhere in State, local, or town traffic codes, then at trial, probable cause was dismissed; There was no window obstruction, her entire reason for probable cause. Yes, I know what I say when I say it, or I do not say anything, unless I am solid dead on target. My Father taught me that much, drilled that into me sun up to sun down. 
   I did however, take Diamondback 2/2 and Ricks' advice and did contact my old attorney in Wisconsin, my entire record should be cleared in a few weeks. ( They do move fairly fast in Wisconsin court).  Those felonies complicated things greatly for the last years, and all I want is wrong set right, and the State could not afford that kind of suit besides. (Think Mike Avery).


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## Marine0311 (Sep 8, 2016)

I don't understand what you are saying unless you learn to use breaks in paragraphs and improve your sentence structure.


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## Phoenix (Sep 8, 2016)

Phoenix said:


> (3) Whoever, with intent to defraud, does any of the following is guilty of a Class A misdemeanor:
> (b) Falsely makes or alters any writing of a kind commonly relied upon for the purpose of identification or recommendation;"



That is what Wisconsin state law says, and a value cap to break the difference between felony and misd. I was convicted of a felony. Felony is 2500.00 or more, mine was 800.00. 16 years ago. Meaning the prosecution on both felonies has long ago hit the statute of limitations on any appeal. I can not be convicted on a misd. due to No double jeopardy ( U.S Constitution) the only option available to the courts is to dismiss and find not guilty. The probable cause statement, signed under Oath and affirmation by the arresting officer and the prosecutor, states they believe a Felony was committed, I was convicted for said felony. According to the statutes however,no felony was committed - No probable cause - case dismissed - not guilty. PitBull mentality. I want, as a final goal, 101st Airborne and those silver wings. I ain't stopping til I accomplish that goal.


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## BuckysBadger24 (Sep 8, 2016)

Apologies if I'm overstepping here but, @Phoenix just out of curiosity, have you spoken to a lawyer and/or a recruiter yet?  These guys are trying to help but they've made it clear that the only thing you can do at this point is speak to a lawyer and a recruiter.


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## Marine0311 (Sep 8, 2016)

Phoenix said:


> That is what Wisconsin state law says, and a value cap to break the difference between felony and misd. I was convicted of a felony. Felony is 2500.00 or more, mine was 800.00. 16 years ago. Meaning the prosecution on both felonies has long ago hit the statute of limitations on any appeal. I can not be convicted on a misd. due to No double jeopardy ( U.S Constitution) the only option available to the courts is to dismiss and find not guilty. The probable cause statement, signed under Oath and affirmation by the arresting officer and the prosecutor, states they believe a Felony was committed, I was convicted for said felony. According to the statutes however,no felony was committed - No probable cause - case dismissed - not guilty. PitBull mentality. I want, as a final goal, 101st Airborne and those silver wings. I ain't stopping til I accomplish that goal.



I would re-read what @policemedic wrote and seek legal advice.


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## policemedic (Sep 8, 2016)

One other thing bothers me.  If you want to join an Army division, you really should learn the name.


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## Red Flag 1 (Sep 9, 2016)

Marine0311 said:


> I would re-read what @policemedic wrote and seek legal advice.



It seems to me, that a transmit button is stuck.


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