When applying for your Merchant Mariner Credential (MMC), one critical question often arises: should you disclose a conviction that’s been expunged? The answer is simple—yes, expunged offenses generally must be disclosed, unless the expungement occurred due to an error in the original conviction. This requirement often surprises applicants, so let’s dive into why disclosing expunged convictions is essential and how it impacts your application.
Expungement: What It Means and How It Impacts Your MMC Application
An expungement typically removes a conviction from public records, meaning the offense won’t show up on standard background checks conducted by most employers, landlords, or institutions. However, expungement is a state-level remedy and does not necessarily make the offense invisible to the federal government. Agencies like the U.S. Coast Guard have access to most expunged records, particularly when evaluating applicants for roles that require high levels of responsibility, safety, and trust.
For most state expungements, the record can still appear in a federal background check. Because of this, the U.S. Coast Guard requires applicants to disclose all convictions, even if expunged, unless the expungement was based on a wrongful conviction or error—a rare situation.
Why It’s Important to Disclose Expunged Convictions
The MMC application process prioritizes transparency and honesty, and non-disclosure can have significant consequences. Here are three reasons why disclosing an expunged conviction is crucial:
- Avoiding Potential Repercussions for Non-Disclosure
Failing to disclose an expunged conviction that the Coast Guard later uncovers can lead to more severe outcomes, including application denial or future credential issues. The Coast Guard relies on applicants to present an accurate history, so choosing not to disclose could be viewed as dishonesty, which may impact your eligibility. - Upholding Transparency and Trust
Demonstrating transparency with the Coast Guard can reflect positively on your application. For a role that requires high levels of safety, accountability, and trustworthiness, the Coast Guard values applicants who are upfront about their history—even if the details are less than ideal. - Eliminating the Guesswork
Many applicants believe expunged records are completely hidden from all background checks, but this is often not the case. With access to most expunged records, the Coast Guard can still see a disclosed offense. By proactively disclosing it, you control the narrative and demonstrate a commitment to integrity.
The Consequences of Non-Disclosure
Choosing not to disclose an expunged conviction, particularly if the Coast Guard later uncovers it, could result in application denial, future revocation, or other disciplinary actions. Not only does this delay your credential, but it also raises concerns about your honesty—a quality highly valued in maritime professions.
How NSLF Can Help with Expunged Convictions and Your MMC Application
Navigating the MMC application process with an expunged conviction can be complex, but you don’t have to go through it alone. At the National Security Law Firm (NSLF), our attorneys specialize in maritime law and MMC applications. Here’s how we can support you:
- Thorough Criminal History Assessment: We help you evaluate the details of your criminal history, ensuring all records are accounted for and disclosed correctly.
- Pre-Application Counseling: With our pre-application counseling services, available for a flat fee of $950, we provide unlimited time to discuss your case and develop the best strategy for disclosure. This service helps you avoid costly mistakes and smooths out the application process.
- Crafting Accurate, Effective Disclosures: Our team assists you in presenting your criminal history accurately and professionally, framing it in a way that aligns with Coast Guard expectations.
Transparency Is Key to a Smooth Application Process
Ultimately, disclosing expunged convictions is an important step toward a successful MMC application. The Coast Guard values honesty and is likely to see through omissions, which can jeopardize your application or even your credential if discovered later.
For anyone unsure of how an expunged conviction might impact their application, consulting with a maritime law attorney is invaluable. At NSLF, our team is ready to guide you through every step. Contact us today to schedule a consultation and take control of your MMC application with confidence.
