Addressing Convictions: Can You Obtain a Captain’s License with a Record?
Can I get a captain’s license if I have a conviction?
When applying for a deck license, you’ll be required to answer a series of questions on various forms, including CG-719C.
The topics will include issues that relate to your use of any dangerous drugs or convictions by any court for offenses other than minor traffic violations. Many first-time offenders have their records expunged after a court set period of good behavior. Having a past conviction on your record may not be a reason for a license not being issued.
You can find information about the criminal record review in 46 CFR 10.211 and details about the National Driver Register in 46 CFR 10.213.
How does the Coast Guard define a conviction?
The Coast Guard is very specific with its definitions of a conviction. Conviction means the applicant for a merchant mariners document has been found guilty by judgment or plea by a court of record of the United States, the District of Columbia, any state territory or possession of the United States, a foreign country, or a military court of a criminal felony or misdemeanor or an offense described in Section 205 of the National Driver Register Act of 1982 as amended for 49 USC 30304.
Check out this document on Court Convictions and Assessment Periods.
If an applicant pleads guilty or no contest, is granted deferred adjudication, or is required by the court to attend classes, make contributions of time or money, receive treatment, submit to any manner of probation or supervision, or forgo an appeal of the trial court's conviction, then the Coast Guard will consider the applicant to have received a conviction. A later expungement of the conviction will not negate a conviction unless the Coast Guard is satisfied that the expungement is based upon a showing that the court's earlier sentence was in error.
WATCH VIDEO ON COURT CONVICTIONS
Do I need to go through a background check to get a captain's license?
You will have to undergo a background check for your captain's license. If anything in your past meets the terms of the Coast Guard’s definition of a conviction above, report it. The information will likely be revealed during your background check, even if the court said the offense will be expunged or erased after a period of time.
The Coast Guard is not asking “Did your conviction go away?” They're asking if it ever occurred. If you do not report a conviction, the Coast Guard will most likely be looking into the fact that you have now submitted a fraudulent application. If there are issues in your past, the Coast Guard will evaluate any offense.
These guidelines set out the minimum and maximum assessment periods that will affect when your license application may be processed. These tables are used by the Coast Guard as guidelines, and you must remember that they're just that: guidelines. The assessment period may vary depending on the nature and number of convictions in your past.
In addition, these tables do not list all of the offenses that could affect a license being issued in the first place. When you submit your paperwork, make sure you include any court papers documenting the offense financial penalties or the sentence you may have served.
Can I get a captain’s license with a felony?
When applying for your Six-Pack or Master captain’s license, it is important to disclose any felony convictions.
Does the Coast Guard look at my driving records?
All applicants must give their consent to a check of their National Driver Registry (NDR) record for Driving Under the Influence (DUI) or Reckless Driving convictions.
The Coast Guard will consider offenses, such as operating a motor vehicle while under the influence of alcohol or drugs or reckless driving conviction, only within the last three years, unless the applicant driver's license is currently suspended or revoked. Prior to the Coast Guard denying the application, the applicant will be supplied the information found in the NDR check and be given the opportunity to comment.
What is the impact of a DUI on a captain’s license?
A first offense DUI may not result in your captain’s license being revoked, but it is important to disclose the offense to the Coast Guard. If you are applying for a captain’s license, such as the OUPV/Six-Pack, you need to be honest and report any DUIs in your past. Your convictions will turn up in a background check, so attempting to hide them could result in even more trouble.
Where can I locate the Coast Guard's rules on criminal record review and the National Driver Register?
You can locate the criminal record review in 46 CFR 10.211 and the National Driver Register in 46 CFR 10.213.