What Are The Stipulations For A Previous Felony?

"What are the stipulations for a previous felony. The CAP has accepted an individual who had a felony conviction 20 years previously. He is clean since then and is working on getting the conviction expunged from his records. He is interested in joining our Flotilla."

See the Auxiliary Manual, COMDINST M16790.1 (Series), Chapter 3 A.4. Criminal Convictions, Behavior, and Waivers

A.4. Criminal Convictions, Behavior, and Waivers
The following provisions guide the consideration of different types of criminal records and behaviors of individuals who seek enrollment in the Auxiliary.

A.4.a. Felony Convictions
Application for Auxiliary membership should be denied by the Director if the applicant indicates any conviction, particularly those related to drug possession or use (including trafficking, trading, selling), sexual deviation, or aggravated assault, as set forth in the Coast Guard Recruiting Manual, COMDTINST M1100.2 (series). Paragraph A.4.e below provides additional details. Such denial shall be regarded as final. However, the Director may forward an application to the Coast Guard Security Center (SECCEN) for normal PSI processing with a recommendation to waive the felony conviction as a reason for an unsuitable for service determination if the Director determines that reasonable circumstances exist for such waiver consistent with provisions of the Coast Guard Recruiting Manual, COMDTINST M1100.2 (series).

A.4.b. Major Misdemeanor
Application for Auxiliary membership should be denied by the Director if the applicant indicates any major misdemeanor conviction related to drug possession or use (including trafficking, trading, selling), sexual deviation, aggravated assault, and those other major misdemeanor crimes as set forth in the Coast Guard Recruiting Manual, COMDTINST M1100.2 (series). Paragraph A.4.e below provides additional details. Such denial shall be regarded as final. However, the Director may forward an application to the SECCEN for normal PSI processing with a recommendation to waive the major misdemeanor conviction as a reason for an unsuitable for service determination if the Director determines that reasonable circumstances exist for such waiver consistent with provisions of the Coast Guard Recruiting Manual, COMDTINST M1100.2 (series).

A.4.c. Minor Misdemeanor
Application for Auxiliary membership should not normally be denied by the Director if the applicant has a record of minor misdemeanor offenses (e.g., traffic and non-traffic conviction(s)). Paragraph A.4.e below provides additional details. However, the Director may deny an application if, based upon all available information presented or after initiating further inquiry to gather additional relevant facts, these convictions provide evidence of personal character inconsistent with Coast Guard core values. Such denial shall be regarded as final.

A.4.d. Other Than Prior Criminal History
Auxiliary membership is a privilege, not an entitlement. Accordingly, suitability for service in the Auxiliary is predicated as much on high standards of personal character as it is on the review of an individual‘s criminal history and the associated outcome of the PSI process.

If at any time during the enrollment process up to and including submission of the enrollment application, the Director becomes aware, either through first-hand observation(s) and/or verified third-party report(s), of any element(s) of an individual‘s personal behavior and/or moral character that is inconsistent with Coast Guard core values, the Director may deny the individual‘s application. The Director shall make this determination, in consultation with the District legal office and the Chief Director, and notify the individual of such denial and its reason. There shall be no avenue of appeal of this denial.
If at any time after acceptance of an individual‘s enrollment application by the Director up to and including receipt of the PSI determination from SECCEN, the Director becomes aware, either through first-hand observation(s) and/or verified third-party report(s), of any element(s) of an individual‘s personal behavior and/or moral character that is inconsistent with Coast Guard core values, the Director may disenroll the individual for cause in accordance with section H.5 of this chapter.

Circumstances surrounding civil court action involving an applicant may warrant a determination of lack of suitability for Auxiliary service (e.g., acquittal of egregious criminal charges, but conviction on associated civil charges), whether the circumstances are discovered prior to acceptance of the enrollment application or subsequent to enrollment. The Director shall make this determination, in consultation with the District legal office and Commandant (CG-5421). Anyone denied enrollment based upon this provision may appeal to the Director‘s supervisor. The Director‘s supervisor‘s decision shall be final and not subject to further review or appeal. This provision also applies to an applicant who may be awaiting trial or sentence by a civil court.

A.4.e. Disclosure of Felony, Major Misdemeanor, or Minor Misdemeanor Conviction
The following provisions deal with the requirement to provide notification and information regarding conviction for a felony, major misdemeanor, or record of minor misdemeanors when applying for Auxiliary membership.

A.4.e.(1) Required Conviction Information
Applicants with a conviction for a felony, major misdemeanor, or record of minor misdemeanors shall submit the following with their enrollment package:
 (a) Any records regarding the conviction(s).
 (b) Letter briefly explaining the background and mitigating circumstances.

Any applicant who fails to provide such notification and information as part of their enrollment package shall be disenrolled by the Director upon confirmation of these missing elements. Such disenrollment shall be regarded as final and will not be subject to appeal.

A.4.e.(2) Waivers
If the conviction is for a waiverable offense, and the Director determines that a waiver is appropriate, then the Director shall submit the applicant‘s PSI package to the SECCEN with a notice of intent to waive the felony. If not a waiverable offense, the Director shall reject the application in accordance with paragraphs A.4.a thru c above.

A.4.e.(3) Information Retention
Copies of all correspondence associated with these aspects of Auxiliary membership shall be kept in the individual‘s file in the Director‘s office.