# Withdrawn criminal charges



## SK (20 Jul 2010)

Hey guys, been lurking on the board for a bit decided to finally register.

So a couple months ago, I applied for an MPO position did my CFAT, medical and interview, passed all of them and was found suitable for the position.  This morning i get a call and the recruiting officer says there was a hit on my criminal record search  :crybaby:

A couple years ago when I was about 20 I was charged with a crime from a bad situation that spun out of control, but I guess the crown attorney saw the circumstances of what happened and that I wasn't a bad kid acting maliciously and withdrew the charge against me.  Regardless, the recruiting officer says that they  won't call me to the board because of this, needless to say it's frustrating considering that i was never found guilty of any crime.

Now I changed my choice to MARS officer but considering the number of open spots and number of applicants I'm not keeping my hopes too high.  I was just wondering if in the future it would be possible for me to apply for an MPO position, or am i expelled forever (I asked at the recruiting centre and they seemed to be unsure).  The recruiter I spoke with suggested MARS officer and I'm really intrigued by the position, I'm just hoping that the same issue does not arise this time around.


----------



## Otis (20 Jul 2010)

Did you try going to the courts to get proof that your charges were withdrawn?

And did the Recruiting officer actually say that they wouldn't send you at all? Or did he say that they couldn't send you RIGHT NOW?

You explanation seems incomplete to me ... If you REALLY want to be an MPO, I would ask more questions at your RC to find out what you can / need to do to persue that career.

Otis


----------



## SK (20 Jul 2010)

Otis said:
			
		

> Did you try going to the courts to get proof that your charges were withdrawn?
> 
> And did the Recruiting officer actually say that they wouldn't send you at all? Or did he say that they couldn't send you RIGHT NOW?
> 
> ...



Otis, sorry for any missing details.

Yes I still have the original papers that show the charges were withdrawn and that I never had a criminal record.

The recruiter who phoned me this morning said that the MP board wouldn't even look at my file because of the charges (again, even though they were withdrawn) since there were other people applying.  I'm assuming next year there are also going to be a significant amount of applicants, and again, the same thing I won't be looked on the same level as someone who has never been charged with anything.  If they won't even look at my file this year, I'm not too confident that I will have a "fair" shot next year or any other year.  The phone conversation was pretty dismissive, didn't leave room for too much optimism.

I actually went into the recruiting office twice today, the first recruiter told me that there was a note on my file that I was ineligible for a military police trade.  I asked him if that was going to be forever, he said he was not sure.  I went in a second time to change my choice to MARS officer and asked another recruiter the same thing, he also didn't know.

I guess if I don't get selected for MARS officer this year, I'll wait until next year and apply when some other DEO trades open up.


----------



## 40below (20 Jul 2010)

Were the charges withdrawn or were they stayed? The wording is v. important, because if they were stayed, the Crown reserves the right to lay them again within a certain period of time, usually a year.


----------



## SK (20 Jul 2010)

40below said:
			
		

> Were the charges withdrawn or were they stayed? The wording is v. important, because if they were stayed, the Crown reserves the right to lay them again within a certain period of time, usually a year.



Withdrawn, I would have stuck it out to get them dropped outright but I was 400 kms away at school and as a student didn't have the money at the time


----------



## Container (20 Jul 2010)

It would have to do with the fact that in a sea of people applying to be an MPO you would be the guy who has been charged.
Just like if you had a million tickets- so while you may be an upstanding, great guy now you are LESS competitive because of your "history". Withdrawn or not.

Your CPIC hit would still have the criminal charges in the "police information section". Whether it was stayed/withdrawn- its not for sentencing and doesnt count as a criminal record but the information exists and is recorded somewhere.

So while you would still meet basic eligibility you would be less desirable. Does that make sense?

I am surprised that they wouldnt let the board make that determination on its own when comparing you to the other applicants but that makes me suspicious of what the actual charge was. Resist arrest maybe or assault PO? (complete wild guess). But:

1) You didnt even make it to the board
2) You state "I was about 20 I was charged with a crime from a bad situation that spun out of control, but I guess the crown attorney saw the circumstances of what happened and that I wasn't a bad kid acting maliciously and withdrew the charge against me"
3) They are very quick to stay these charges

As an aside last years MacNeil decision from the supreme court has made ANY previous court contact relevent.


----------



## SK (20 Jul 2010)

Container said:
			
		

> It would have to do with the fact that in a sea of people applying to be an MPO you would be the guy who has been charged.
> Just like if you had a million tickets- so while you may be an upstanding, great guy now you are LESS competitive because of your "history". Withdrawn or not.
> 
> Your CPIC hit would still have the criminal charges in the "police information section". Whether it was stayed/withdrawn- its not for sentencing and doesnt count as a criminal record but the information exists and is recorded somewhere.
> ...



Yeah it was obstructing a peace officer and resisting.  At the time i tried to pull a friend out of a scuffle, turns out he was getting arrested by bike police, I didn't recognize the uniform and it was a split second decision.  The resisting was when i flailed my arms when one officer punched me i the face  :blotto: But again the charge was withdrawn and not stayed.

It's frustrating as it's not indicative of my character to be in a situation like this or to be accused of any major wrong doing, but at the same time I understand the principle and the motivation of the board in this case.  When I first went into a recruiting office a couple months ago it was one of the first things I asked, if this past incident would be a problem.  I was told no, if I had known it would be an issue I wouldn't have wasted everyones time.

Do you know if this would apply to all officer trades, or just the military police branch?

Thanks for the input guys


----------



## Container (20 Jul 2010)

No I believe what you re saying- it can be a catch all charge for sure. Its applied alot in cases where officers use force so that its all official record and kinda protects the officers from allegations of trying to "hide" something. 

You have no criminal conviction- it may be something that you have to explain but, and I am not a recruiter, where it is an issue for "police recruitment"- it shouldn't be a showstopper for the other positions.

You wont be the first guy with a "dummy" moment to apply- without the "board" knowing the ciurcumstances of your situation a charge of that nature demonstrates a lack of respect for the function of a police officer- im not saying thats the case but it is the presumption of an offence of that nature. 

However, when you apply to the other positions, while you may need to answer to it and explain yourself it doesnt hold the same weight. 

You almost answered your own question- the note of your file stated you were ineligible for the MPO trade. Not for the military in general. Good luck with your application SK. We've all got "boner" moves.


----------



## SK (20 Jul 2010)

Thanks Container


----------



## alain22 (21 Jul 2010)

Hey, same thing happened to me a couple a months ago, armed assault, but before the charges could be sent to the crown, the charges were taken back. Got lucky as f***. So anyway, what I learned concerning the DND policies on criminal charges etc, is that if you have any judicial obligations then thats a problem. Now maybe the crown put some restrictions on you or something, again I wouldnt know cause luckily I didnt have to deal with the crown, but check it out with the recruiting center to get a clear answer because the whole thing seems weird. Especially for the for the fact you were NOT convicted. Anyway, just my 2 cents. Good luck, hope it works out for ya! Peace!


----------



## Container (21 Jul 2010)

He doesnt have any legal obligations it was several years ago and the charges were withdrawn.

Its already been covered as to why it affected his application and it isnt weird. He has options- only one door was closed.

If you are serious like the other folks on here, who have boned in the past, about having a military career I would suggest you avoid being "lucky" and concentrate on avoiding behavior that lands you suspected of assault with a weapon.

My 2 cents.


----------



## alain22 (21 Jul 2010)

There is no justification for being an internet thug. You are allowed to have a moral stance. My mistakes have been corrected and now being in the military im accountable to my brothers in arms and superiors. I gave my opinion because I had alrendy been in a similar situation, if you disagree with it thats fine theres a way of talking to people.  My reaction was justifiable and anyone who believes otherwise is clearly living in fantasyland. How many people on a weekly basis do you think you disagree with? What would happen if youd respond as such every time? Its called social skills, with Container I chose to have none because it seems like providing rude replies gives him a sense of self-worth and confidence. Its childs play. Anyway, Im done with this post.


----------



## J.J (21 Jul 2010)

alain22 said:
			
		

> There is no justification for being an internet thug. You are allowed to have a moral stance. My mistakes have been corrected and now being in the military im accountable to my brothers in arms and superiors. I gave my opinion because I had alrendy been in a similar situation, if you disagree with it thats fine theres a way of talking to people.  My reaction was justifiable and anyone who believes otherwise is clearly living in fantasyland. How many people on a weekly basis do you think you disagree with? What would happen if youd respond as such every time? Its called social skills, with Container I chose to have none because it seems like providing rude replies gives him a sense of self-worth and confidence. Its childs play. Anyway, Im done with this post.



I see one person here "attempting" to be a thug and that is you. You made a personal attack against Container, alluded to his mother and your post was generally offensive.
You have yet to start basic and if you can't accept constructive criticism, you may have a difficult time. I will try and reiterate what Container has said. Learn from your experiences and try to correct behaviours that can get you into trouble. 

You were given two ears and only one mouth, try and figure out what is the more intelligent one to use....


----------



## Danjanou (21 Jul 2010)

alain22

Consider this your one freebie. Watch the tone in the posts here or be prepared to be introduced to the warning system.

STAFF.


----------



## SK (21 Jul 2010)

Again thanks for the comments guy, Container do you know if that information will ever be purged from the CPIC or will it be there forever?


----------

