The Rule for Processing

No Waivers for Domestic Violence Convictions

February 21st, 2010

If you are considering enlistment in the Navy, and you have questionable conduct in your past that includes a charge of domestic violence – this post may answer a few of your questions.

Domestic Violence is incompatible with military service and contrary to the Navy’s core values. If you have been convicted of a felony or misdemeanor crime of domestic violence, you are ineligible for enlistment; however, there are exceptions to the rule, which are discussed below.

If you have a conviction for domestic violence, as defined in Title 18 U.S. Code Sections 921 and 922 as discussed below, you are ineligible for all military service – not just the Navy. Domestic violence offenses may also include, but are not limited to, assault, assault and battery, and disorderly conduct convictions in which the perpetrator and victim meet the conditions of the domestic violence rule. The domestic violence rule must be applied regardless of whether or not you were charged with domestic violence.

Rule: The crime of domestic violence means any crime which includes the attempt or use of physical force or the threat of use of a deadly weapon, where you (the perpetrator) are the:

  1. current or former spouse, parent or guardian of the victim; or
  2. you and victim are parents of a child; or
  3. you cohabitated with the victim as a spouse, parent or guardian; or
  4. you were serving in a role similar to spouse, parent or guardian of the victim.

This rule does not apply to deferred prosecutions, pretrial diversions, or similar alternative dispositions in a domestic violence case. These are not considered convictions for purposes of this rule, but will otherwise require waiver processing. Deferred prosecutions are not the same as deferred or suspended sentences, which are the result of a conviction. All questionable cases will be forwarded to Navy Recruiting Command‘s legal department by recruiting personnel.

Waivers for domestic violence convictions (misdemeanor or felony) are not authorized, per the Lautenberg Amendment to the Federal Gun Control Act of 1968.


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164 Responses to “No Waivers for Domestic Violence Convictions”

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  1. NCCM(ret) says:
    September 30, 2011 at 2:27 pm

    Chase,

    I don’t have an answer for you. Based on what you are telling me, the recruiter should have submitted the court records for review at a minimum – unless there is local guidance that restricts certain types of past indiscretions from receiving waiver consideration.

  2. Michael says:
    September 30, 2011 at 6:55 pm

    I got a dv charge that was refused by the DA without any conditions. That was my first and last arrest. I am in the medical field (have a Master’s degree) and would like to join the medical officer branch, but I am concerned because of this one incident I won’t be able to get a secret security clearance that is required for the medical branch of the military. Am I wasting my time trying? Does my arrest disqualify me from getting a secret security clearance? Mike

  3. NCCM(ret) says:
    September 30, 2011 at 7:19 pm

    Michael,

    Use the contact link in the sidebar and provide me more details about your degree and work experience. If your charges were dropped without condition, you shouldn’t have any problem.

  4. James says:
    October 21, 2011 at 5:56 pm

    NCCM,

    By part miracle and part stubbornness I finally got my waiver. I decided to go active…but there werent any open billets yet. Is it possible that theyll change their mind on my waiver status? Granted I do nothing stupid to facilitate that.

  5. NCCM(ret) says:
    October 21, 2011 at 6:30 pm

    James,

    The waiver should be good for as long as the Commanding Officer who signed it is still there or you do something to change your status.

    Congrats!

  6. Michael says:
    October 27, 2011 at 5:11 pm

    I got a dv charge back in feb 07 with my ex wife. I was arrested that night and went to court for it. The case was dropped as a NOLLE PROSEQUI by the Judge. Also i was arrested for driving on a suspended license but wasnt charged with a felony (just a misdemeanor once i came to court with prove of a valid license)…I tried to apply for the NAVY before but got no response back from the recruiter in 09. Now im going through the process again. Do i have a chance of getting a waiver for the DV? What can i do to help them consider me for enlistment?

  7. NCCM(ret) says:
    October 27, 2011 at 10:05 pm

    Michael,

    The driving on a suspended license won’t be much of a problem; however, the DV court records must be evaluated by the legal department for a proper determination.

  8. Michael says:
    November 3, 2011 at 1:34 pm

    reply to NCCM(ret):

    Thanks! I got all of the necessary documents, took the paper ASVAB test and scored a 94 on it, plus turned in my college transcript which shows me completing my AA degree plus credits for my BA degree. My recruiter is sending the documents up to Jacksonville for a waiver review. Hopefully they grant me a waiver so I can start the next process.

  9. nicholas says:
    November 28, 2011 at 4:36 am

    NCCM(ret), my name is nick i am a 19 yr old male and i am trying to join the marine corps. I talked to a recruiter last year on dec 23 2010. Took the asvab tests in jan scored a 74. And we went from there. I had a few complications along th way due to medical history. The mental and medical history was all cleared up and i was on my way to MEPS in feb, 2011. I get to Meps and my packet already said disqualified due to my medical history. But i passed the physical and the general doctor recommended the medical waivers. I failed the eye test so i had to get a scheduled appt for march 2011. I passed tht but got back to meps and they said i needed another one. Now my recruiter has filed my waivers since then for my eyes and history of asthma. But its taking a while. He said my application was on pending status. I guess tht means we r waiting for a yes or no. But my real question after all that explaining is about domestic violence’s. Say if my waivers do get waived and i get accepted. I have had two juvenile domestic violence’s when i was 16 and 17. One was with my younger brother who was 14 at the time the other was for my stepdad. Both charges were dropped. I was wondering tho tht if i do get accepted will these charges be my next roadblock. I also have had a criminal damaging charge where i kicked a drywall wall in a foster home when i was fourteen. I was in foster care for ten yrs and i had a few runaways awol and incorrigible charges filed by my caseworker which most were dropped and some led to juvenile work detail i have:t had any adult charges whatsoever. I would really appreciate it if u could give me just a little insight about what u think of my situation anything would help. Sorry for all the reading. Sincerely nick.

  10. NCCM(ret) says:
    November 28, 2011 at 8:01 am

    Nicholas,

    The medical waiver folks don’t put things on hold – you should have had an answer 6 or 7 months ago. The Marine Corps Recruiter should be able to tell you if you are qualified to proceed or not because they should have a determination on the DV charges — he should know if you would be eligible for waiver consideration or not, and you should have been told this months ago.

  11. nicholas says:
    November 28, 2011 at 8:06 am

    I talk to him weekly. Stuffs just so backed up at bumed.

  12. NCCM(ret) says:
    November 28, 2011 at 8:15 am

    Nicholas,

    On the bright side, normally, a medical waiver from BUMED will not be requested unless you are determined to be otherwise qualified or have a good chance at receiving required waivers, so there is a good chance the charges have been reviewed already. That said, I have never seen or heard of BUMED being so backed up that it takes nearly 8 months to get an answer – longest I have seen is almost 6 months, and that was back in the day when everything had to be mailed. To follow up, your recruiter should be able to tell you the date your medical records were physically sent to BUMED.

  13. nicholas says:
    November 28, 2011 at 8:33 am

    Well thats good news to hear. I check up every week he jus says im on pending status. Im gonna get a hold of him today and i’ll post another comment more explaining the situation i know i left out a few key parts . I appreciate it very much thank you. I’ll be back in touch

  14. kristina haro says:
    December 1, 2011 at 12:52 pm

    If a service member of the marine corps was not arrested or formerly charged with DV but their case was taken before a committee and the committee decided it met criteria for domestic violence, how badly will this affect this service member’s re enlistment?

  15. NCCM(ret) says:
    December 1, 2011 at 1:39 pm

    Kristina,

    A committee? What committee?

  16. nicholas says:
    December 2, 2011 at 11:18 pm

    Nccm thanks for the info my ssgt called me with good news and my waivers have been waived thru bumed and im ready to swear in. After 8 months of waiting. Now its time for the backround check i just paid all my juvie court costs and restitutions so now im just waiting for the ok on my charges but ssgt said they were nothing serious i appreciate the input. Thanks sincerely nick.

  17. Kristina Haro says:
    December 4, 2011 at 1:12 pm

    The committee is part of the Community Counseling Center of our base. It is called the Incident Determination Committee. He was not arrested, but just now has “an incidence of domestic violence” on his record, so I was just wondering how badly it would effect his re enlistment if he has a spotless career otherwise.

  18. Sage says:
    December 4, 2011 at 5:21 pm

    I’m looking into joining the Navy through the NUPOC program. I meet all of the prerequisites and am in the process of talking with a recruiter. The only thing I’m afraid that might disqualify me would be a conviction of DV 4 and malicious mischief 3 in a juvenile court 5 years ago. The situation was the accumulation of years of family problems and soon thereafter, my mother, who was the person who claimed I hit her, was convicted for DV 3 and numerous other charges dealing with my dad. I received a 12 month probation, which I served with no issues and my PO even told me I shouldn’t have even been arrested/convicted in the first place. The thing is, though, I was and now I have the records. Will these records prevent me from qualifying for NUPOC? Is there a possibility of getting them waived since they were juvenile convictions resulting around family issues? Please let me know!

  19. NCCM(ret) says:
    December 4, 2011 at 8:48 pm

    Sage,

    I am not versed on the actual waiver possibility for the NUPOC program, I have always believed that if a person had any police involvement there chances would be small.

    As for the DV charge, you court records have to be reviewed by legal.

    I will offer you some advice – in the eyes of the court, you were guilty of the charges – take responsibility for your actions, and avoid blaming others – it is what Leaders do.

  20. NCCM(ret) says:
    December 4, 2011 at 8:51 pm

    Kristina,

    The committee’s findings are not a factor when it comes to the Lautenburg Amendment, so if he is not allowed to reenlist, it won’t be because of that.

  21. Kimberly says:
    December 13, 2011 at 12:33 pm

    I am a woman, I have a domestic violence charge. I took a guilty plea because I was incarcerated and couldnt post bond and had a 5 month old child at home with my ex. He and I were fighting. He had hit me in the past, has charges for hitting me when i was pregnant. When we were fighting he had already hit me but his mother called the cops and was a witness for him. I needed to be able to take care of my little girl and be back with her so i said id take whatever so I could be with her faster. It was a misdemeanor charge. He and I are no longer together havent been for a while. I got smarter. But I guess there is NO WAY for them to waive this??? If there is at all could you please let me know. His mother was witnessing for him and I had noone there. It was bullshit. So now I am screwed.

  22. NCCM(ret) says:
    December 13, 2011 at 12:41 pm

    Kimberly,

    You may or may not be finished. Your court records must be reviewed by Navy Recruiting legal to determine if you can be considered, and if so, what the level of waiver authority; however, assuming you are a single parent, you would not be eligible for active duty if you have custody of a child (you could pursue the Navy Reserve).

    See these pages for more information;
    http://www.navycs.com/blogs/2009/01/24/navy-dependent-definition
    http://www.navycs.com/blogs/2011/01/07/navy-dependency-waiver

  23. Kenny says:
    February 28, 2012 at 9:13 pm

    Hi,
    I am 22 years old I got arrested for DV in 2008 when I was arrested I also got a vandalism charge. The vandalism was dropped. With out taking it to trial I took the DV charge because I was naive and was lied to by the DA so I took the DV. I have finished the court required classes and finished the probation sentence but my question is with this on my record does that indefinitely disqualify me from the navy?

  24. NCCM(ret) says:
    February 28, 2012 at 9:19 pm

    Kenny,

    Having the charge does not automatically disqualify you; it depends, and because so much seems to be left to the interpretation of the court records/circumstances, to get the proper answer, you need to have your recruiter submit the court records for review.

  25. Kenny says:
    February 29, 2012 at 10:45 am

    I was denied for the marine corps as is so do you think I’d be denied for the navy as well?

  26. anonymous Future Sailor says:
    March 3, 2012 at 2:32 am

    Hello,

    I was charged but not convicted nor did I serve restitution for vandalism and battery when I was 16 years old. I got into a fight with my sister, we both through objects in the house at each other. I received the charges on the same day. I spent many many weeks researching and being told that I was wasn’t going to get into the USN. I stuck through it, obtained a waiver, which was sent to legal at MEPS. Legal said that the waiver was not necessary because I was not convicted or adjudicated( serving something in lieu of being charged by a judge i.e fines, community service, ect.)However, I was interviewed by a CO, who judged that I was a proper candidate for entry into the USN delayed entry program.

    I was honest with the CO, did not blame my sister for what occured, told him I moved on and am glad what happened occured because I now place speed bumped into play in my dealing with people. It was good to learn that at 16.

    Now I am on my on my way to the Navy’s Nuclear Power program. And I am lucky and proud of myself. I advice all fellow NAVY recruits to be honest, to be respectful. The Navy has been around for 200 years, and it’s going to be there now, and when well beyond my death, if they don’t want a particular profile of person, there probably is a reason.

    But I have to say that I got lucky. The circumstances surrounding my arrest were such that I had a chance of getting into the Navy. I was respectful to my recruiter and all those in the office, and I was patient. I was SO happy when I swore in. I grinned the biggest smile there was when I posed for my DEP picture.

    Respectfully,

    A Future Sailor

    P.S: Thank you sir for advising me.

  27. Jeff says:
    March 7, 2012 at 10:07 am

    I was arrested for DV about 4 years ago. By my now wife, she dropped it before it went to court so I never got charged or plead guilty. I also got arrested for Disorderly Conduct about 10 years ago and just had to pay a ticket of 300 dollars or so. Other than that, I have gotten a few no insurance tickets that are all paid up. Its been over 3 years ago. I was wanting to know if any of this could stop me from joining up for the army. I am in college as a BPA and a MBA I’ve been in for more than three years now and haven’t gotten into any trouble at all.

    Also I did a back ground check with my local DPS and none of this showed up at all.

  28. NCCM(ret) says:
    March 7, 2012 at 10:18 am

    Jeff,

    All of your arrests, tickets and charges have to be listed on your application. If you charge was dropped unconditionally, then you have nothing to worry about.

    Also, a charge may not show up on a local check, but if any paperwork was ever generated on you in the past, I assure you that it will show up when the military does its background check. When it does, you will be real happy you have already documented it and made your handwritten statement as to the circumstances and disposition.

  29. Jeff says:
    March 7, 2012 at 10:29 am

    So I should tell them every thing. The thing is I really don’t know how many traffic tickets I’ve gotten. The recruiter wants dates of arrest and I just don’t remember. I tried calling my local police and DPS office but they say they cant tell me. This puts me in a tight spot, I cant tell the recruiter the dates. Also would I still need a waiver is the charges where dropped unconditionally? The recruit said that he would have me join the ROTC program, would any of this get in the way? He said that I would be going in as a E-3, but im not sure if any of this would change that

    Do to them not telling me the dates of arrest, I got the background check and they didn’t show up. Im not sure what to do know

  30. NCCM(ret) says:
    March 7, 2012 at 10:48 am

    Jeff,

    Just get the dates as close as you can – if you have so many tickets/arrests that you can’t narrow down a month and year…geez. You recruiter can help you narrow down dates by asking you questions like, was it cold outside? was it before you graduated high school or after? etc., etc., etc.

    If the charge was dropped unconditionally, it must be listed as such, and you would make a handwritten statement as to the circumstances to account for the charge – you will NOT require a waiver.

  31. Jeff says:
    March 7, 2012 at 11:05 am

    Thank you very much this is exactly what I need to hear. You where of great help to me. Again, thank you.

  32. logan says:
    March 9, 2012 at 12:10 am

    I’m sure this question has already been answered however, I was arrested with assault and battery with my dad awhile back but my parents dropped the charges before I went to court….would this disqualify me for enlistment?

    And if the military granted me a waiver, could they deny me at a later date due to my record

  33. NCCM(ret) says:
    March 9, 2012 at 12:32 am

    Logan,

    If the charge was dropped unconditionally, then you would not require a waiver; however, the charge would still need to be listed in your application. The supporting police records/court documents would have to be retrieved by your recruiter.

    If you receive a moral/criminal waiver when you enlist, that waiver is good for enlisting – your waiver will not be rescinded unless you get in trouble again and require further consideration (a new waiver).

  34. Jeff says:
    March 9, 2012 at 10:22 pm

    Ok, Have another question for you. So, I was speaking with my local recruiter and I told him that I want to sign up for the army and that I was in college with 90 credits. He said that he could sign me up as an E-3 and that he would have me join the ROTC program at my university, after that be sent off to the Advanced Course by completing the Leader’s Training Course held at Fort Knox, Kentucky, during the summer. My question is why would he sign me in as an E-3 if I was going it to the ROTC and becoming an officer in less than two years (im a senior and would be taking the? I think that E-3 is enlisted not commission, and that would lower my pay grade from a o-1. But my main concern is why wouldn’t he just sing me up as an o-1 from the get go? I wouldnt have to go to boot camp going in as an o-1

  35. NCCM(ret) says:
    March 9, 2012 at 11:04 pm

    Jeff,

    Your recruiter can only complete your application and send you to MEPS to enlist – an ROTC scholarship is a completely different process, and as with the enlistment application, he can only help you complete the ROTC application, and he has zero control over you getting approved for it. If you enlist, enlist with the idea you will not receive an ROTC scholarship or commission, and if the package does come back approved, then great – but join thinking it won’t.

    If ROTC or a Bachelor degree completion program (BDCP) that leads to a commission is the only thing you want – don’t enlist. Have him just submit the ROTC package, don’t enlist, and wait for the answer – if it comes back approved, great! If not, at least you’ll know and you can move forward with accurate expectations.

    Hope that makes sense.

  36. Zak says:
    March 10, 2012 at 4:30 pm

    im an 18 year old who graduated last year and want nothing more from life than to join the service. but a charge is giving me a really hard time during the process.. my sophmore year i got a family violence charge. but im pretty sure it was differed. i got a waiver with the marines but it was disapproved.. does that count me out for all branches or can i keep trying? i dont want to give up.

  37. NCCM(ret) says:
    March 10, 2012 at 5:09 pm

    Zak,

    If one service disapproves you, you can try to enlist in the others. Your DV charge must be reviewed by Navy recruiting legal to make a determination if your processing could move forward. Keep in mind, if you were adversely adjudicated for a crime, it does not matter if the charge was later dismissed or differed. http://www.navycs.com/blogs/2010/05/23/moral-waivers-for-enlistment

  38. Kelly says:
    March 15, 2012 at 4:09 pm

    I was just convicted of D.V. but has been placed on conditions and when that is over my case will be dismissed. Is there any I can join the army after my conditions have been met and the case dismissed?

  39. NCCM(ret) says:
    March 15, 2012 at 4:30 pm

    Kelly,

    It would depend on the Army recruiting legal department’s interpretation of the court records once you have completed all of your court ordered punishment (paid fines, completed classes, probation, etc.).

  40. Daniel says:
    March 18, 2012 at 6:12 pm

    Good afternoon,

    I was charged, but not convicted with with DV. I was able to do the diversion program consisting of classes, community service and a fine. My question is, if there was no conviction due to the diversion program does it still fall under the Lautenberg Amendment? If it doesn’t fall under the Lautnenberg Amendment, can it still affect a reenlistment?

    Thanks

    Dan

  41. NCCM(ret) says:
    March 18, 2012 at 6:25 pm

    Daniel,

    Any charge that requires an enlistment waiver could affect your enlistment. You have an adverse adjudication for a DV, minimally, you will require a moral/criminal waiver for that charge. Whether the charge will be considered to fall under the Lautenberg Amendment will be determined once the legal department reads the court record.

  42. albert says:
    March 25, 2012 at 7:34 pm

    my childhood dream was to become a marine infantry i am 22 but i am un sure due to my record need a feedback i am in a tricky situation..

    1 arrest for D.V proved inocense got paper form judge.
    spent one day in jail.

    1 current restraining order againsted me for DV from ex girlfriend caught my ex cheating so she got an order againsted me and lied about me abuseing her. lost all my firearm rights for 6 months.

    2 red light tickets , one seat belt ,driving with out insurance and tinted windows with broken head light fix it ticket.

    misdemeanor urination in plublic ticket that i won.

    i know the military finds every thing out about criminal and records during enlistment i would appreciate a good feed back.

    no misdeameanors or felony’s but i have a record…

  43. NCCM(ret) says:
    March 25, 2012 at 9:22 pm

    Albert,

    As I replied to you before – I suggest that you do not put your email address in the website box of the comment form.

    I first answered your question this way, back on March 22nd;

    “Anyway, to your question. The DV charge, if dropped outright, without ANY conditions, would not require waiver consideration; however, the fact the you have a restraining order that is in effect is concerning — all of the related court documents, including the restraining order’s, would need to be forwarded for a determination. Your recruiter will get all the paperwork together, he would not be allowed to accept any that you bring him (he will have you sign a release, and he will go to the court house and get it).”

    I would like to add, based on the additional information you provided in your current question, that since you had your ability to carry a firearm restricted, even if it was just 6 months, that you have an adverse adjudication for DV – your court record has to be reviewed by Recruiting’s legal department – and if they allow you to further process, you will require a waiver for the DV charge – if they do not allow you to process, then you are banned from enlistment. The only way you will know for sure is to go see a recruiter.

  44. albert says:
    March 25, 2012 at 10:45 pm

    sorry for adding my email it wont let me post anything if i leave it blank and i got my other blog mixed up for asking the same question twice.

    okay and one more questions i am a little confused the restraining order is gonna be over soon ok when it expires i will not have no charges on my record. so it would still require a waiver? what is adverse adjudication?.

  45. NCCM(ret) says:
    March 26, 2012 at 6:10 am

    Albert,

    An adverse adjudication example; a prosecutor/judge tells you your charges will be dropped if you write a “letter of apology,” the condition requirement of having to write the letter is considered an adverse adjudication. This includes charges that were dismissed, pardoned or disposed of in any manner that required you to do something. Just like your DV charge, you were restricted from carrying a firearm, so for waiver purposes, you are guilty of the charge, and must receive a waiver if the legal department allows you to process.

  46. albert says:
    March 26, 2012 at 11:52 am

    i went to civil court for that matter no charges were brought upon me just a restraining order i am going to have to speak to a recruiter thanks for the feedback…

  47. Derreck Olsen says:
    April 3, 2012 at 12:52 pm

    I have a DV charge with criminal damage that happened to me when i was 14 and a vp charge. I had 3-4 other charges dont remember such a long time ago those were dismissed with predjudice. Im really interested in joining the army if i cant join the army i will be very disappointed. Im also a straight A student and a eagle scout. Whats the chance of getting waiver for a dv crimnal damage and do you think i have a good chance of getting one with all the good things about me? heres my email [email redacted] Oh and if one recruiting office place wont give me a waiver could i try other places?

  48. NCCM(ret) says:
    April 3, 2012 at 2:12 pm

    Derreck,

    Your court records will have to be reviewed by the service’s legal department. No, you cannot go to a different recruiting office if one turns you down; however, you can try a different service.

    If all of your 4-5 charges are Misconduct Offenses, you would not be eligible to join any service; no matter what age you were when they occurred.

  49. taylor says:
    May 1, 2012 at 4:30 pm

    Would I be disqualified automatically if I have a battery against a family member and a disorderly conduct I never went to jail for it I went to court and had probation for 6 months and 20 hours of community service and im looking at trying to get into the marines

  50. taylor says:
    May 1, 2012 at 5:54 pm

    I forgot to mention that I had gotten these when I was 16.

  51. NCCM(Ret) says:
    May 1, 2012 at 7:40 pm

    Taylor,

    All domestic charges must be reviewed. Go see your recruiter for the specifics to your circumstance. I know I am being vague, but for this type of charge, making an accurate prediction is difficult at best.

  52. Blake says:
    May 10, 2012 at 11:04 pm

    Hello quick question, when i was 17 i was charged with domestic violence in the 3rd degree-Harassment. I was told by the marines recruiter that i would be wasting my time and his. Because any dv charge is and automatic dq. But there was no physical abuse just bad language, and now basically i got my 15 college credits for nothing and that i couldn’t join any military branch but the recruiter never sent a waiver off or anything he just looked at it and told me it was a lost cause. I need some advice of what to do? And how would i know if my charge will affect me or not?

  53. Blake says:
    May 10, 2012 at 11:14 pm

    Also forgot to mention that I am now 21 and havent had any trouble since then. I just want to get into the marines i have been trying too for the past year and a half. I had problems with my asvab because i had to have a 50 and made a 48 or 49, but like i said have 15 college credit hours.

  54. NCCM(Ret) says:
    May 11, 2012 at 4:46 am

    Blake,

    If the recruiter will not forward the court records for review, there is nothing you can do except go to a different recruiter. But understand, witht he current recruiting environment, it will be difficult to get waiver consideration for any charge in any service with a less than a 50 QT on the ASVAB.

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