He is currently in the National Guard, and was able to stay in despite the felonies. He is currently serving in Iraq, and we've been told by a lawyer his chances of pardon are good. We don't want this to ruin the rest of our lives. They where both non-violent crimes (1 count of Breaking and Entering Auto, and 1 Count of Forgery; More than $1,000 but Less than $5,000). When, and if, pardoned, could he join Active Duty Army?
2007-11-19 03:31:27 · 9 answers · asked by Anonymous in Politics & Government ➔ Military
Also- We live in South Carolina, if that helps by any means.
2007-11-19 04:07:03 · update #1
pardons won't do any good.. as far as the Army is concerned, being convicted is enough. His chances are extremely slim.
2007-11-19 05:58:50 · answer #1 · answered by Mrsjvb 7 · 0⤊ 0⤋
Depends on the Jurisdiction you live in. For example see Neveada Revised States section 213.090- Restoration of civil rights by the board fo Pardon and Paroles: http://www.leg.state.nv.us/NRS/NRS-213.html#NRS213Sec090
See also this PDF file: http://www.lac.org/toolkits/certificates/Nevada%20Statute.pdf
If the Board restores him to his Civil rights as per statute he should be free to go Active Military. However, be mindful, he is subject to the UCMJ. ASk JAG Corps how the military lawyers view his status after a Restoration of Civil Rights after serving his time. let me know which state you are in.
IN South Carolina, you have to pay a $50 cost for an application for a Pardon. I am going to post your State's statute on Resoration of Rights: Here it is:
SECTION 24-21-990. Civil rights restored upon pardon.
A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office, except as provided in Section 16-13-210;
(5) testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;
(6) not have his testimony excluded in a legal proceeding if convicted of perjury; and
(7) be licensed for any occupation requiring a license.
I will post more for you if you like. Here is the SC defintion of a Pardon:
SECTION 24-21-940. Definitions.
A. "Pardon" means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided.
B. "Successful completion of supervision" as used in this article shall mean free of conviction of any type other than minor traffic offenses.
See this statute: SECTION 25-1-1820. Circumstances requiring active duty.
The National Guard shall not be subject to active duty other than training duty, except (a) in case of war, (b) in event or danger of invasion by a foreign nation, (c) there is a rebellion or danger of rebellion against the authority of the government of the United States, (d) the President issues orders to execute the laws of the United States, (e) for preventing, repelling or suppressing invasion, insurrection or riot, (f) for aiding civil officers in the execution of the laws, in which cases the Governor or local commander as provided for in Sections 25-1-1840 to 25-1-1880 shall order out for active service, by draft or otherwise, as many of the National Guard as necessity demands, or (g) during natural disaster or local emergency whenever the lives and property of the State's citizens are threatened.
See this statute: SECTION 25-3-40. Qualifications for commission or enlistment.
In order to be commissioned or enlisted in such force, a person must meet the following qualifications:
(a) be a citizen of the United States or a person who has declared an intention to become a citizen of the United States;
(b) have not been dishonorably discharged from any military or naval organization of this State, another state, or the United States;
(c) be at least seventeen years old.
In carrying out the provisions of this chapter, preference shall be accorded veterans of former wars so far as may be consistent with the public interest and both males and females may serve in such force as officers and as enlisted persons.
2007-11-19 03:56:49 · answer #2 · answered by Paul K 3 · 0⤊ 0⤋
based on the informatin given he could possibly go active but i would have to know if he had any other charges out there (EVER!). and then also his medical and educational levels would come into the equation as well. but just from what youve stated then yes he could go active
2007-11-19 03:40:14 · answer #3 · answered by Anonymous · 3⤊ 0⤋
I think his chances are highly unlikely of be accepted into active service
2007-11-19 04:16:19 · answer #4 · answered by oscarsix5 5 · 2⤊ 0⤋
Yes, a pardon means all you rights have been restored.
2007-11-19 04:34:31 · answer #5 · answered by WC 7 · 1⤊ 1⤋
No he cannot. When he returns home they will discharge him.
2007-11-19 03:40:06 · answer #6 · answered by crazyguyintx 4 · 3⤊ 1⤋
Why? He is already in the national guard....
he has a family to look out for, do you want him death
and have your daughters with out a father.....
As soon as he is discharge, Tell him to get a job....
2007-11-19 03:35:34 · answer #7 · answered by MrRight 3 · 1⤊ 7⤋
BAD BOY
2007-11-19 04:43:55 · answer #8 · answered by Google Man 2 · 0⤊ 1⤋
SURE!!!!!
He should fit in quite nicely;we have an opening for him!!! :)
2007-11-19 03:39:19 · answer #9 · answered by Slihn 1 · 0⤊ 3⤋