Can You Join the Military With a Felony?

Enlisting in one of the branches of the United States Military can be an incredible, life-changing decision. The United States Military provides excellent training and employment opportunities for those who enlist.

All branches of the United States military recruit candidates who meet standards of moral character. This raises the question of whether individuals with criminal records can join the military. Often, failure to pass the required background check is one of the most common reasons for denial of enlistment. If you have committed a crime, it may be difficult to join the military, but it is not impossible. So, can individuals with criminal records join the military? In this article, you can find the answer and some information related to this case.

Can You Join the Military with a Felony?

Yes, you can join the military despite having a criminal record. However, your eligibility to join the military depends on various factors, including the nature and severity of the crime you committed, the branch of the military in which you enlist, and changes in policy from time to time.

In general, committing a felony can disqualify you from military service. That is because military members are required to have strict moral character and standards of conduct. There are certain types of felonies that can keep you from joining the military. Minor crimes, on the other hand, generally do not cause any problems in military service.

Each branch of the military in the United States has its own standards for recruiting candidates, and may consider exemption options for certain offenses on a case-by-case basis. There are times when the military relaxes their conscription standards so that people with certain criminal records can join the military. Essentially, a waiver is permission granted by the military to individuals who have disqualifying factors, allowing them to enlist in the military. However, it should be noted that the availability of felony waivers and the types of offenses that can be waived may vary.

Keep in mind that policies may change from time to time and, exceptions may be made based on the needs of the military at any given moment. If you have a criminal record and are interested in joining the military, then it is best to contact a recruiter from the branch of the military you are interested in and discuss your situation with them. That way, they will provide up-to-date information and guide you. Again, remember that even with exceptions, certain types of serious crimes may still be considered ineligible to join the military, specifically those involving violence, drug trafficking, or other serious offenses.

Whether you want to enlist in the Army, Air Force, or Navy, the U.S. Military states that your moral character plays an important role in your potential or chances of becoming a service member. Some branches, such as the Air Force, may be stricter when it comes to recruiting candidates than others. The Army and Navy boards are more lenient when it comes to qualifications for military service, especially in times of war. You also need to know that acceptance into one branch of the military does not guarantee approval from another.

For the United States Army, a felony conviction can be a draft killer. Like other members of the military, the Army certainly wants soldiers who meet its standards of moral character. Your felony conviction would suggest that you may not meet the standard. However, if the military agrees to waive its conscription standards, then even you with a criminal record can join the Army if you meet the other mental and physical requirements.

Unraveling the Consequences of a Felony Conviction

According to 10 U.S Code 504, anyone who is insane, intoxicated, a dissenter from the armed forces, or who has been convicted of a felony is prohibited from enlisting in any military service. However, if you get a felony acquittal, you can still enlist and join the military service, whether in the Army, Navy, Air Force, or Marine Corps. You should know that these discharge requests are not automatic. And, its approval also depends on a case-by-case basis.

Your moral character plays an important role in your chances as a military member. However, crimes you have committed can be an obstacle and considered a sign that you could be a troubled soldier. If you have a criminal record, you will be interviewed and questioned about the circumstances surrounding your crime by your recruiter. Also, you will definitely undergo a computerized background check. So, to increase your chances of joining the military, be honest about having a criminal history.

There are several factors surrounding your criminal case that can affect your enlistment in the military, such as:

• • Your age when the violations occurred.
  • The nature and level of severity of the violations committed.
  • The branch of the military where you are applying.
  • Whether or not there is a war going on.

As we said in the previous paragraph, the Army and Navy are more lenient when it comes to military service qualifications compared to the Air Force. You might want to take this into consideration. You should also keep in mind that acceptance in one branch of the military does not guarantee approval from another branch.

In summary, we can say that there is a misconception that convicted felons or individuals with criminal records are automatically barred from joining the military. In fact, the chances of joining the military depend on several factors including the nature and severity of the crime committed, the particular branch of the military, and policy changes from time to time. So, if you do not have a serious felony criminal record, you may still be eligible to join the military. Prepare your application as well as you can. Show that you are worthy of being a military member, even if you have been convicted in the past.

Navigating the Process of Obtaining a Waiver

If you have a criminal record and want to join the military, for example Army military, you should learn about the process of obtaining a military waiver. For your information, rules and regulations regarding the Army Moral Conduct Waiver can be found in Army Directive 2020-09 (Appointment and Enlistment Waiver). The waiver process requires you to prove that you can overcome the disqualifications that prevent you from joining the Army. Once you apply for a waiver, there will be a comprehensive examination to assess whether you are eligible to enlist in the military or not.

Here are some components that must be included in the waiver application:

• • Self-signed memorandum
  • Supporting documents such as court decisions, police reports, warning letters, etc.
  • General Officer level endorsement and Summary of Cases of Moral Neglect (If applicable). For your information, this only applies if you have a record of major violations.

If in your application for waiver you cannot provide supporting documents or evidence, you can provide a detailed written statement discussing the incident and your sentence. In addition to discussing the incident and your sentence, this written statement should also discuss the details of the failed attempt to obtain the required documents, as well as written evidence from the law enforcement agency stating that the documents no longer exist. Make sure your waiver application includes the nature of the offense you committed, the date and location of the offense, and the penalty imposed on you.

Even if you have prepared the components that must be included in your waiver application as well as possible, there is no guarantee that your felony waiver will be approved. In fact, there are several factors that can influence your felony waiver application, such as:

•   Number and severity of violations.

If you frequently commit violations, especially serious violations, it will indicate that you have a history of bad morals. This will affect your waiver request and your registration process.

•   The date the crime occurred.

If you commit a crime when you are a minor, the offense is considered less serious than an offense committed by an adult. Even a judge may suggest a juvenile offender join the military rather than serve time in prison.

•   Ability to adjust to civilian life.

Your felony waiver request may also be affected by your ability to adjust to civilian life. The military will consider how well you integrate back into civilian society.

•   Security clearance requirements.

Keep in mind that any conviction may disqualify you if you are applying for a military position with a high-level security clearance.

•   Current Department of Defense staffing needs.

There are times when Department of Defense staff needs increase. Well, when the military needs more candidates, chances are they will consider you even if you have a criminal record.

Exploring the Criminal Records That Cannot Be Waived

Criminal records that cannot be waived refers to certain types of felony convictions that are considered non-negotiable when it comes to military service. Although some military branches in the United States consider leniency for certain offenses on a case-by-case basis, there are certain types of crimes that are deemed ineligible for leniency, so individuals with such convictions will automatically be disqualified from military service.

It should be noted that the specific violations that cannot be waived may vary from one branch of the military to another, and may also change over time based on military policies and regulations. So, if you have a criminal record and wish to join the military, you should contact and consult with a military recruiter to obtain current and accurate information regarding eligibility criteria and possible waivers. Of course, understanding the specific nature of the offense and current military policy is critical for you.

Here are some criminal records that cannot be waived:

• Serious violations such as violence, assault, murder, rape, and terrorism.
• Breaking and entering.
• More than one drunk driving incident.
• Financial offenses such as credit card fraud.
• Kidnapping, including kidnapping of parents against children.
• Sale, distribution, or trafficking of drugs.
• Two or more DUIs or DWIs in the last five years.
• Grand theft.
• Fire bombing.

Additionally, crimes that demonstrate a pattern of dishonesty or a lack of moral character are also considered criminal records that cannot be waived. Regardless of your criminal nature, you also cannot join the military if you are on parole or probation, in prison, or facing criminal proceedings.

How Can You Join the Military with a Felony?

If you have a criminal record, but you are sure you want to join the military, there are a few steps you must take. As we know, the ability to join the military for people with a criminal record depends on several factors such as the nature and severity of the offense, as well as the policies of the particular branch of the military.

Here are some common steps for individuals with criminal records who want to join the military:

•   Contact a Recruiter

The first step is to contact a recruiter from the branch of the military you wish to join. The recruiter will provide you with guidance on eligibility criteria and potential waivers.

•   Reveal Your Criminal Record

During the initial discussion with the recruiter, you should be honest and open about your criminal record. Remember that hiding record information may lead to disqualification.

•   Review the Eligibility Criteria

You must understand and review the eligibility criteria for the military branch you wish to join. As you know, although there are certain offenses that may qualify you to join the military, there are also other offenses that automatically prohibit individuals with criminal records from joining the military, such as offenses involving violence, drug trafficking, or sexual offenses. Military eligibility criteria will of course differ from one branch of the military to another.

•   Determine the Possible of Waiver

Discuss with the recruiter to assess whether you have a chance of getting a waiver for your violation. The waiver is a pass granted by the military for you who have disqualifying factors, allowing you to join the military.

•   Collect Documentation

The next step, you must collect documents that support your case. These documents may include proof of rehabilitation efforts, completion of court-ordered programs, character references, and educational achievements.

•   Submit a Waiver Request

If you qualify, then the recruiter will help you to submit a waiver request. In your waiver application, make sure you provide detailed information about your criminal record correctly and honestly. The waiver request will be reviewed by military authorities considering factors such as the nature of the offense, the time that has passed since the incident, and evidence of rehabilitation. You can appeal the decision if your waiver is denied by military authorities. Please discuss with your recruiter to understand the appeals process and what additional information could strengthen your case.

Need to note that policies regarding criminal leniency will vary between military branches and can change over time. Once the waiver request is granted by military authorization, you can try to join the military. Remember that fraudulent registration is considered a serious offense. Therefore, you must be honest from the start if you have a criminal record.