What Crimes Disqualify You From the Military?
The path to military service is a challenging one, requiring not only physical and mental aptitude but also a demonstrated commitment to high moral character. A criminal record, unfortunately, can be a significant obstacle for many aspiring recruits. While the military offers waiver opportunities in certain cases, some crimes are considered so severe that they will almost always disqualify an individual from joining any branch. The fundamental principle is that the military seeks individuals who uphold the values of integrity, discipline, and responsibility, and certain criminal offenses are viewed as incompatible with those values.
Generally, crimes that disqualify you from military service fall into a few key categories: violent felonies, serious sexual offenses, and repeated or pattern offenses. It’s important to understand that the military looks at both the nature of the crime and the number of convictions. Even a seemingly minor offense may be a problem if it indicates a pattern of poor judgment or disregard for the law.
Here’s a more detailed breakdown:
- Felonies: Conviction of a felony is a significant hurdle. While felony waivers are sometimes available, they are not guaranteed. Specific felonies like arson, aggravated assault, burglary, robbery, manslaughter, and drug possession are serious concerns. Rape, sexual abuse, sexual assault, incest, and any other sexual offenses requiring registration as a sex offender will absolutely disqualify an individual from military service, and waivers are not permitted for these crimes.
- Violent Crimes: Any history of violent behavior, including aggravated assault, domestic violence, and battery, will raise serious red flags. The military wants to ensure that its members are not a threat to their colleagues or the public.
- Drug Offenses: While the military may be more lenient regarding past misdemeanor drug use (e.g., marijuana), a history of serious drug offenses, especially involving hard drugs like heroin, cocaine, and ecstasy, is usually disqualifying. Convictions for drug dealing, manufacturing, or distribution are almost always a no-go.
- Sexual Offenses: As previously mentioned, any sexual offense that requires registration as a sex offender will automatically disqualify you from military service without the possibility of a waiver.
- Multiple Offenses: A record with multiple convictions, even if they are for misdemeanors, can be a problem. A pattern of criminal behavior, regardless of the specific charge, suggests a lack of respect for the law.
The military isn’t just looking at convictions; they also consider other legal issues:
- Current Legal Restraints: If you are under any form of judicial restraint—such as bond, probation, imprisonment, or parole—you are generally ineligible to enlist. You must complete all legal obligations before applying.
- Pending Charges: Pending criminal charges will put your application on hold. The military will generally not move forward until the case is completely resolved.
It’s crucial to be honest and upfront with a recruiter about your criminal record. Trying to hide information could result in severe consequences, including separation from the military for fraudulent enlistment. Remember, the military can uncover expunged records, so transparency is key.
FAQs About Crimes and Military Enlistment
Here are 15 frequently asked questions to further clarify the complex issue of criminal records and military service:
Can I join the military with a misdemeanor?
Generally, a misdemeanor conviction is not a disqualifier from military service. However, each branch of the military has different standards when it comes to law violations. It is advisable to speak with a recruiter to discuss your specific situation. It’s important that the misdemeanor is not part of a pattern of behavior and does not reflect negatively on your moral character.
What is a “moral waiver,” and how do I get one?
A moral waiver is a process that allows a recruit with certain criminal convictions to still be considered for military service. Waivers must be approved by an officer who is ranked as a brigadier general or above. Furthermore, applicants must provide written recommendations and endorsements from community leaders illustrating they would be a good candidate for military service. The process is not automatic and is decided on a case-by-case basis.
Is it easier to join some branches of the military with a criminal record than others?
Yes, generally, it’s considered easier to join the Army or Navy if you have a criminal record. The Marine Corps is generally the most challenging branch to get into with a criminal background, due to its stringent standards. The Air Force and Coast Guard tend to approve the fewest waivers.
Which military branch gives out the most waivers?
The Army has a reputation for approving the most moral waivers, while the Air Force and Coast Guard approve the fewest. The Navy and the Marine Corps fall somewhere in between. However, this can fluctuate based on current needs of each branch.
Will a misdemeanor get me kicked out of the military?
Yes, it is possible for a servicemember to be kicked out of the military for a civilian misdemeanor conviction. Each branch has its own regulations and policies regarding how these situations are handled.
Can I join the military with pending criminal charges?
The military is unlikely to consider your application with pending charges. You will generally need to have the case completely resolved before the military will move forward with your enlistment.
Can you join the military with a DUI?
The official position of every branch is that you cannot join the military if you have a previous DUI charge. This is a serious offense that often disqualifies potential recruits.
What felonies are never allowed in the military?
Felonies involving rape, sexual abuse, sexual assault, incest, or any other sexual offense that requires sex offender registration are not allowed under any circumstances. These convictions are non-waiverable.
Can a felon join the military in 2023?
While convicted felons are generally prohibited from enlisting, it’s still possible to enlist for military service with a felony waiver. Approval is not guaranteed, and each request is reviewed on a case-by-case basis.
Do military records show up on background checks?
Your military record will not automatically appear on a standard background check. Employers need your permission to request your military record.
Can I join the military at 45 years old?
No, you cannot join as an active duty member at age 45. The age limit for Active Duty is typically 35 years old for the Army and Navy, 28 for the Air Force and 29 for the Marine Corps. Age limits for the Reserves may be slightly higher.
Can I choose to join the military instead of going to jail?
No, that option is no longer available. The military does not want recruits who are potential or actual criminals.
Can MEPS (Military Entrance Processing Station) see expunged records?
Yes, the military can see expunged records, even if they are not visible to employers or landlords. For this reason, it is essential to be completely honest during your recruitment process.
How long does a military background check take?
The background check stage for a security clearance can take anywhere from a few months to over a year to complete.
What drugs disqualify you from military service?
Experimentation with “hard” drugs, such as heroin, ecstasy, and cocaine, will often disqualify you from military service. While “non-hard” drug use, such as alcohol and marijuana, may not be as problematic in certain circumstances, the military will consider the frequency and patterns of use, and this may require a waiver.
Navigating the complex world of criminal records and military service can be daunting. Understanding which crimes can disqualify you, along with the waiver process, is critical for any aspiring recruit with a history of offenses. Honesty, proactive engagement with recruiters, and a willingness to demonstrate positive change are crucial steps towards potentially achieving your goal of military service.