When applying for a Merchant Mariner Credential (MMC), understanding what qualifies as a “conviction” is crucial. The U.S. Coast Guard takes a broad view of convictions, including not only traditional guilty verdicts but also several other outcomes that may surprise applicants. Here, we’ll break down what the Coast Guard considers a conviction, why these distinctions matter, and how they impact your application.
How Does the Coast Guard Define a Conviction?
The Coast Guard’s definition of a conviction goes beyond simply being found guilty in court. For purposes of MMC applications, a conviction includes any instance where an applicant is found guilty by judgment or plea—and it applies across various legal jurisdictions. Here’s what the Coast Guard considers a conviction:
- Court Judgments and Guilty Pleas
If an applicant has been found guilty by a judgment of a U.S. court, a court in the District of Columbia, any U.S. state, territory, or possession, a foreign country, or a military court, the Coast Guard treats this as a conviction. - No Contest Pleas and Deferred Adjudications
Even if you plead “no contest” or receive deferred adjudication (where judgment is delayed pending completion of certain requirements), the Coast Guard will still view this as a conviction. - Court-Mandated Requirements and Supervision
If a court requires you to fulfill certain conditions—such as attending classes, making donations, undergoing treatment, completing probation, or performing community service—this too counts as a conviction in the eyes of the Coast Guard. - Driver’s License Offenses Under the National Driver Register Act
Offenses listed under Section 205 of the National Driver Register Act of 1982, now codified under 49 USC 30304, can also impact your application if they appear on your record.
Key Takeaway: A “Conviction” Is More Than a Guilty Verdict
The Coast Guard’s view on convictions is much broader than many applicants realize. Even if you were not technically “found guilty,” the Coast Guard still considers certain outcomes as convictions if they demonstrate a form of accountability or correction. This means that deferred adjudication, no contest pleas, or probation agreements all count as convictions, as does any requirement by a court that places conditions on your behavior.
Does Expungement Change a Conviction?
In most cases, an expunged record will not erase a conviction in the eyes of the Coast Guard. Expungement is often a state-level remedy that
removes a conviction from public records but doesn’t necessarily affect the federal government’s view of the record. The only exception is if the Coast Guard determines the expungement was based on an error in the original conviction. This is rare and usually requires a showing that the court’s original judgment was factually incorrect.
Why Is This Definition Important?
The Coast Guard’s expansive definition of “conviction” is important because failing to disclose something the Coast Guard considers a conviction could lead to:
- Application Delays or Denial: Non-disclosure or inaccurate information about your criminal history can result in delays, rejections, or further investigation.
- Potential Revocation of Your MMC: Even if your application is approved, a failure to disclose a relevant conviction could lead to future issues or even revocation of your MMC if discovered later.
How NSLF Can Help with MMC Applications and Conviction Disclosures
At the National Security Law Firm (NSLF), we understand how important it is to have a clear understanding of what counts as a conviction and how to handle disclosures. Our attorneys have years of experience with MMC applications and can assist you by:
- Evaluating Your Criminal History: We help you assess what qualifies as a conviction under Coast Guard standards, ensuring no surprises during your application process.
- Guiding You Through Disclosure Requirements: Knowing how to present your criminal history accurately can make a significant difference in how the Coast Guard views your application.
- Providing Pre-Application Counseling: For mariners with complex histories or concerns, we offer pre-application counseling to ensure all potential issues are addressed before you apply. For a flat fee of $950, we provide unlimited time to work through your questions and concerns.
Final Thoughts: Transparency Is Key
Understanding how the Coast Guard defines a conviction is essential for anyone applying for an MMC. The Coast Guard’s broad interpretation of “conviction” includes more than just guilty verdicts, and expungement doesn’t necessarily erase the record in the Coast Guard’s view. For these reasons, transparency is crucial—disclosing all relevant details can help prevent complications down the line.
If you have questions about what counts as a conviction on your record, don’t leave it to chance. Contact NSLF today to schedule a consultation or pre-application counseling session. Our experienced team is here to guide you through every step, helping you complete your MMC application accurately and confidently.
