Do You Report Expunged Convictions on a Captain’s License Application?

Do you have to report an expunged conviction on your captain’s license application?

Let’s start with a direct answer: Yes, you do.

I’ve seen applications derail on this exact question. They had something on their record from years ago, the courts sealed or expunged it, and it seemed like the slate was clean. So when the Coast Guard asked about convictions on the captain’s license application, the applicant made a mistake. They said “none.”

That’s a problem.

If you’re working toward your captain’s license, complete honesty on your application isn’t just a good policy; it’s the only policy. Here’s what you need to know about expunged convictions and captain’s license applications.

What the Coast Guard Considers a “Conviction”

Before we get into expungements, let’s talk about what the Coast Guard considers a conviction in the first place. You might imagine a “conviction” as purely a guilty verdict followed by jail time, but the USCG’s definition is broader than many people expect:

• Plea of guilty or no contest
• Deferred adjudication
• Court-ordered classes, fines, community service, or treatment programs
• Probation or court supervision
• Forgoing an appeal of a court’s conviction

If any of these apply to you, the Coast Guard considers you to have a conviction on record. That’s true even if you never set foot in jail.

The Myth of Expunged Convictions

Many states allow courts to expunge or seal criminal records, especially for first offenses that occur when someone is young. When that happens, people naturally assume the record is gone. And in everyday life, for most purposes, it basically is.

But the Coast Guard is a federal agency issuing a federal license. Their background check goes deeper.

I’ll use an example I’ve given in our webinars. Say you were 18 years old, got caught with a significant amount of marijuana, and received a conviction. But the court expunged the conviction after five years. Decades later, you’re applying for your captain’s license, and the application asks if you’ve ever had a conviction.

The correct answer is yes.

It doesn’t matter that a court expunged the record of that conviction. The Coast Guard will find it anyway. They run every applicant through a strenuous Transportation Worker Identification Credential background check, which is administered by the Transportation Security Administration. It’s thorough. They likely already know the answer to every question on that application before you answer it.

The only situation where reporting is not required is when a conviction was expunged because it was erroneous to begin with, meaning the court got it wrong. If the conviction was legitimate and simply expunged as a matter of policy, it’s still a conviction, and you must report it.

What Happens if You Don’t Report an Expunged Conviction

The Coast Guard isn’t just asking questions to make conversation. The captain’s license application is an official legal document that you sign. If you fail to report a conviction, you’re not just stretching the truth. You’re submitting a fraudulent application.

The Coast Guard takes this seriously:

“Failure to report a conviction can be deemed a fraudulent application, and can result in a 1-year waiting period being imposed.” 

That’s a full year before you can even reapply, at minimum.

Again, the Coast Guard will discover all past convictions during the background check anyway. Reporting them up front on your applications demonstrates responsibility and trustworthiness, and it gives you an opportunity to explain the circumstances. 

If you don’t report a conviction, however, now the Coast Guard isn’t just looking at a past mistake. They’re looking at someone who tried to deceive a federal agency.

Which problem would you rather have?

What to Do Instead: Full Disclosure

If you have a conviction in your past, including a DWI, a drug offense, or anything else, the right move is to tell the Coast Guard about it.

The application has a disclosure section specifically for this. You explain what happened, when it happened, and any relevant context. If it was something that occurred when you were young and it hasn’t been repeated, say so. You don’t need to know every exact date. The Coast Guard understands that memories aren’t perfect over decades. They just want your best honest account.

And, for those worried, a conviction doesn’t necessarily keep you from getting your captain’s license. 

A DWI is not an automatic disqualifier. A drug conviction from your youth is not an automatic disqualifier. Even a previous felony might not disqualify you. The Coast Guard is looking at the full picture of who you are today, not just a snapshot from your past.

If you have one or more convictions on your record and you’re not sure how the Coast Guard will respond, you can consult their published guidelines for evaluating past offenses. These show the required waiting periods for licensing after various types of offenses, the impact of multiple convictions, and more.

To get advice about your specific circumstances, consider contacting the National Maritime Center for guidance. And I always suggest getting your answers via email, so you have a written record of responses.

The Bottom Line on Expunged Convictions and Captain’s Licenses

The Coast Guard has seen it all, and they’ve licensed people with complicated histories. They aren’t generally worried about a one-off mistake you made in your past. They’re worried about patterns. And they’re worried about dishonesty. 

A captain’s license puts you in charge of other people’s safety. The Coast Guard needs to know they can trust the person holding that credential.

If you have questions about a specific situation, don’t guess. Reach out to the National Maritime Center directly, or contact our team at Mariners Learning System. We’re not the ones making the final decision, but we’ve helped tens of thousands of applicants navigate the process, and we can at least help you understand your situation and your options.

Whatever you do, be honest on that application. Start your career as a licensed captain the right way, and without unnecessary delays.