JoinCan You Have A Felony And Join The Army

Can You Have A Felony And Join The Army


Can You Join The Army With A Felony

Convicted Felon Wants To Join Army

Many have heard the anecdotal stories of the judge who said, go to prison or join the Army. And while that may have been an option in the Vietnam-era and before, todays US Army believes that your moral character is an important factor in your success as a soldier.

So, can you join the Army with a felony? The answer might surprise you.

Does The Coast Guard Accept People With Felonies

Members of the United States Coast Guard provide safety, security and law enforcement on U.S. waterways. On its “FAQ” page, the USCG website indicates that a criminal background check is part of the application process and a felony does disqualify you from consideration. Additionally, your criminal background check and application review consider “whole person” factors beyond your capabilities for military service.

Can A Felony Disqualify You From Serving In The Military

While there are exceptions for some crimes, others prohibit you from serving in the military. These crimes include: These are very serious and often violent crimes that permanently ban you from the military. You may have been a teenager when you committed the crime, meaning your file may be classified.

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Unknown Number Of Waivers

The Army did not respond to a question of how many waivers, if any, have been issued since the policy was changed.

Data reported by USA TODAY in October show how the Army met its recruiting goals by accepting more marginally qualified recruits.

In fiscal year 2017, the active-duty Army recruited nearly 69,000 soldiers, and only 1.9% belonged to what is known as Category Four. That refers to troops who score in the lowest category on military aptitude tests. In 2016, 0.6% of Army recruits came from Category Four. The Pentagon mandates that the services accept no more than 4% of recruiting classes from Category Four. In addition, waivers for marijuana use, illegal while in uniform, jumped from 191 in 2016 to 506 in 2017. Eight states have legalized recreational use of marijuana.

Recruiting generally is more challenging for the services when the economy is strong. The Army has responded by offering more bonuses to those who sign up for service. In fiscal year 2017, it paid out $424 million in bonuses, up from $284 million in 2016. In 2014, that figure was only $8.2 million. Some recruits can qualify for a bonus of $40,000.

The Army’s decision to rescind the ban for a history of mental health problems is in part a reaction to its difficulties in recruiting, Ritchie said.

“Youre widening your pool of applicants,” she said.

Can Felons Join The National Guard

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You might have considered a military commitment before your legal issues started. Since your conviction, you could still be thinking about joining the National Guard.

Lets look at the issue of whether or not felons can join the National Guard.

In this blog post, well cover the following:

  • What Is the National Guard?
  • Qualifications for Joining the National Guard
  • Restrictions against Felons
  • Does the Type of Felony Make a Difference?
  • An Opportunity for Felons?

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Can A Felon With Prior Enlistment Join The Military Is Considered

Basically, you can go into the military with crime. While the process requires effort, it is certainly doable. To enlist in the military, candidates must meet certain criteria. The law classifies offenses as “moral disgrace” offences. However, the military will continue to assess the requests on a case-by-case basis.

Can You Join The Military In Utah With A Felony

If you had dreams of joining the military and serving your country, being convicted of a felony could substantially impact your future goals. However, depending on the circumstances of your case, there could be a way for your dream to come true. If you or a family member is interested in joining the military but are concerned about a felony conviction, contact an experienced Salt Lake City federal defense lawyer today. Overson Law, PLLC understands how a felony conviction can affect the career path of a person, and we are here to help you manage your goals. Salt Lake City criminal defense lawyer Darwin Overson is here to explain whether a felony conviction can prevent a person from joining the military.

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Are You Currently On Probation

Similar to facing criminal proceedings, the Army will not accept you until you are completely off of probation or parole. Often, probation requires a check-in with an officer of the court at regular intervals, within close proximity to where you live.

In contrast, the Army will likely need you deployable and able to relocate. An Army recruiter will tell you to come back once you have successfully completed the conditions of your probation.

Applying For A Record Suspension As A Former Or Current Member Of The Caf

Could I Join The Army With a Felony?

What if I was or currently serving in the CAF with a criminal record? What is the process? This is another question we get a lot when determining a persons eligibility for a record suspension.

If you were once in the military or you are still currently a member of the force, a military conduct sheet must be submitted as a part of the Record Suspension Application. You can obtain your Military Conduct Sheet by contacting the Department of National Defence Access to Information and Privacy Section under the Privacy Act. If you are a present member of the Regular or Reserve Forces, you must request a certified, signed and dated copy of your Military Conduct Sheet from your Commanding Officer.

Depending on when you left the military is what determines where you obtain your military conduct sheet.

Left three years ago or less Commanding Officer of the last posting or unit.

Left five years ago or less The DMCARM.

Left more than five years ago The Personnel Records Unit at the National Archives of Canada.

The following information should be included in your military conduct sheet application:

  • The reason for requesting the conduct sheet must be included as for the purposes of a record suspension application
  • The individuals first and last name
  • Date of birth

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Getting A Moral Character Waiver

Fortunately, a criminal record does not automatically bar you from military service. An applicant with a criminal record may obtain a something called a Criminal Record Waiver.

Generally speaking, criminal record waivers can be used for the following types of offenses, subject to some limited restrictions:

  • Minor Traffic Offenses
  • Juvenile Offenses
  • Misdemeanor Offenses

A waiver is not required if you were merely arrested and not charged. A waiver is also not required if the charges were ultimately dismissed without a finding of guilt.

Related content: How to Join the Army with a Felony

Felony offenses create the greatest difficulty for obtaining a waiver. The military has their own definition for a felony offense. The federal definition of a felony may be different than the definition in your state of conviction. Many times there may be a way to reduce your felony offense to a misdemeanor, which may create an easier path to enlistment.

The military can at its own discretion decide if it will approve or deny a criminal record waiver and the military has a specific process it normally goes through when determining whether or not to enlist an individual who is applying with a record waiver. Several factors are considered and unfortunately if you are denied, there is no opportunity to appeal. It is extremely important to know exactly what you are doing if you are applying to the U.S. Armed Forces with a criminal record.

Condition #11 Learning Disabilities

The U.S. Military does consider learning disabilities when deciding if someone is appropriate for service.

The causes for rejection for enlistment without an approved medical waiver include things like ADHD.

Related Article:Can You Join The Military With ADD/ADHD?

Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder is a disqualifying condition. The exception is if the individual can demonstrate academic performance that is acceptable and has not used any medication in the past 12 months.

The military is currently reexamining its approach for ADHD and has noted recently that it might start assessing circumstances on a case by case basis.

Furthermore, current or a history of academic skills or perceptual defects that are secondary to organic or functional mental disorders and interfere with school or employment are disqualifying.

Once again, individuals may apply for a waiver by providing sufficient academic standing and previous employment performance.

If you have problems focusing, have no motivation to get stuff done, or exhibit typical ADHD symptoms, you might want to check out a product called Mind Lab Pro.

I recently got a chance to test it out, and it actually worked quite well.

to read my full review,

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What Should I Not Tell My Military Recruiter

Eight things your military recruiter will never tell you1: Free housing and healthcare isnt really. 2: When you get out, the VA sucks. 3: Youre not going to do all the things you saw in the commercials, and if you do, youre gonna pay for it. 3: Spoiler Alert: POGs win in the end. 4: Your time is not your own, even when it is.More itemsNov 9, 2018

Army Criminal History Waivers

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Joining the military is not for those “with nowhere else to go.” The military requires applicants to be of good moral standing. This means a recruit must not have committed any serious crimes. Misdemeanors, by nature and definition, are not necessarily serious crimes like a felony would be, but depending on the severity of the issue, number of times a misdemeanor was committed, and at what age it was committed, a recruit may apply for a waiver.

Any applicant for enlistment in the United States Army who has received two, three, or four civil convictions or other adverse dispositions for a misdemeanor offense requires a waiver. The waiver approval authority is the recruiting battalion commander, acting commander, or executive officer. There are felony waivers, but the approving authority is much higher, and the likelihood of approval is lower.

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Obtaining A Waiver For A Criminal Record

Pursuant to Section 571.3, the military can choose to waive certain offenses and meet the basic qualifications for enlistment. Applicants who require a waiver are not qualified for enlistment until a waiver is approved. The burden is on the applicant to demonstrate that his or her acceptance will benefit the military, regardless of his or her criminal past. If you need one of these waivers, you are not alone. Nearly 12% of all army recruits required waivers for their criminal records in order to join.

Recruiters themselves do not have waiver approval/disapproval authority. Some waivers can be approved/disapproved by the Recruiting Battalion Commander, other waivers must be approved/disapproved by the Commanding General of the Army Recruiting Command. Unless otherwise stated in the waiver document, waivers are valid for six months.

Waiver authorities will consider the “whole person” concept when considering waiver applications. Having a conviction expunged, vacated, set aside or sealed increases the chances of receiving a waiver. While you still need to disclose a cleared conviction, having it cleared shows that the court has forgiven the offense or considers your rehabilitated. Contact an attorney who specializes in record clearing to discuss your options on increasing your chances on obtaining a waiver or removing the requirement to obtain a waiver.

Offenses That Cannot Be Waived

There are some offenses as well which will prevent you from being enlisted in the US Armed Forces. Some general disqualifying offenses are:

  • Offenses including intoxication, drug use, or possession of thereof during the enlistment process.
  • Any pending charges at the time of the enrolment.
  • Serving parole, probation, confinement, or other forms of civil restraint.
  • Convictions for the sale, distribution, or trafficking of controlled substances.
  • Three or more DUI convictions in the 5 years preceding the application.
  • 5 or more misdemeanors preceding the application.

Do keep in mind that there are plenty of factors that may come into play while the reviewing officials are deciding whether or not to accept your application. You may have committed just a minor felony, but certain factors may make you ineligible for military service in the US Armed Forces.

You should also realize that you are not going to find information specific to your case online. There are plenty of variables in play, and no one can provide you with accurate information but a recruiter. Only after speaking to a recruiter will you be able to learn whether or not you are eligible for army service, so if you are still wondering, the best thing to do would be to go and chat with a recruiter in your area.

To get started, pay a visit to the websites of US military branches:

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Can I Join The Army If I Have A Felony On My Record

On Behalf of Andrews & Sanders Law Offices | Jul 29, 2021 | criminal defense |

Many young adults in Georgia choose to serve our nation by enlisting in the Army. While this is a brave and noble choice, if a young adult has a felony on their record, they may wonder if this will keep them from serving in the armed forces. The following is a brief overview of whether a person can enlist in the Army if they have previously been convicted of a felony crime.

Lying And Fraudulent Enlistment

Do You Have a Criminal Record and Want to Join the Military?

Some may lie about their history to a recruiter. And some may even get away with the lie long enough to be given a slot in basic training and beyond. But those who think theyve succeeded in these instances often do not realize that they can be punished for fraudulent enlistment long after basic training is complete.

Fraudulent enlistment is listed under Article 83 of the Uniform Code of Military Justice and is punishable by dishonorable discharge, and up to two years of confinement.

How is fraudulent enlistment detected? It depends on the deception. In cases where a military member lied about their physical condition and the deception is later uncovered through a physical exam or other means, it may be reported via military medicine channels. In cases where someone lied about a criminal record and later requires a background investigation for a security clearance, the vetting process may reveal the fraudulent enlistment.

However it is uncovered, the punishment may vary depending on the nature, severity, and visibility of the issuethe process requires actions at varying levels of the chain of command up to and including your base or area commander depending on circumstances.

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How To Get A Moral Conduct Waiver To Join The Army With A Felony

The process to obtain a moral conduct waiver is described in more detail in Army Directive 2020-09 and this U.S. Army Memorandum relating to Conduct Waiver Requests. Make sure to complete the relevant forms and include the required supporting documentation detailed in this guidance.

Moral conduct waivers include a signed memorandum and require supporting documentation . Some waivers also require General Officer level endorsements and Moral Waiver Case Summaries. Letters of recommendation from responsible members of society such as law enforcement officers, teachers, clergy, and other community leaders can provide significant help in obtaining a waiver.

Make sure that your paperwork is as complete as possible. If possible, you should seriously consider expunging, sealing, vacating, or setting-aside all criminal records, as any of these forms of post-conviction relief establish a court has found you to be rehabilitated. Do not rush through this process, and if you have any questions, your Army recruiter can be a great resource in helping you obtain a waiver.

Once your waiver request and supporting documentation have been received, the U.S. Army will conduct a whole person review to determine whether your moral conduct waiver should be granted or denied. Processing times on moral conduct waivers are currently two to six weeks and are provided by the U.S. Army Recruiting Command.

Moral Standard For Enlisting

In order to join the military, candidates must meet a certain criteria. The law classifies felonies as offenses of moral turpitude. However, the army will still consider applications on an individual basis. In other words, there arent any general rules that prevent felons from enlisting . First of all, during the interview, recruiters ask applicants about their criminal history. After that, they conduct a background check. If the applicant is a convicted felon, the army will consider several factors.

In short, the military wants to avoid hiring people that have disciplinary problems, pose a security threat, or otherwise disrupt the activities and morale of the armed forces. This is not to say that felons are automatically excluded. Instead, the recruitment process determines whether a convict learned from their past, became a better person, and therefore meets the militarys moral standards. To further illustrate, here is an example. A felon that is guilty of a violent crime or weapons violation must show that they dont pose a security threat, especially when they apply for a job that requires them to handle firearms and guns. To do so, the felon would highlight that they finished their sentence, attained a new job, and regularly engaged with society without causing any threats or harm.

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