Waiver Charts for Criminal and Conduct Offenses

Moral Waivers for Enlistment

May 23rd, 2010

A couple of years ago, the Department of Defense (DOD) decided to try and make the waiver report uniform across all the military recruiting organizations. Previously, each service had their own way of reporting; as an example, what may have been called a misdemeanor by the Navy may have been ruled in a different category by the Marine Corps. Making the changes forced the Navy to change some of the terminology and limits of what is waiverable for enlistment to meet the DOD’s requirements. As an example of just the terminology updates, Minor Misdemeanors are now called Non-Traffic offenses, and a Felony is now considered a Major Misconduct. Also changed, was the various combination of charges that could be waived. Because of the consolidation of reporting rules, this guide should be in-line with all the military branches’ waiverable requirements.

I have been trying to avoid posting about this topic because of the numerous factors that go into a waiver determination, but because of all the email questions I do receive, police involvement and how it may have hurt enlistment opportunities must be the most common, and the most difficult to answer, I decided to give it a go. You see, just because a charge or group of charges is waiverable, it DOES NOT mean that you will get a waiver. This guide shows the waiver authority, but remember, anyone in the chain can decide not to have your waiver reviewed, and could disapprove it on the spot. Yes, even your Recruiter can decide not to process you.

Many factors beyond the type and number of offenses are used to determine eligibility, and they include, but are not limited too, your education status, ASVAB score, references from employers, community involvement (not court mandated community service), and more. This guide addresses basic enlistment only, and does NOT delve into the additional waivers you may require for a specific Navy job you are seeking; or, if your crimes involved physical violence, alcohol involved driving, multiple drug related offenses, drug use, domestic violence, or sex related crimes.

Remember, a waiver is only required because the circumstance being waived is disqualifying without one. Many people do not make it through the waiver process – in my experience, most of those disapproved were a result of the person being disrespectful, almost thought the process to be a waste of time. Also, during the waiver process, people would blame someone else for the charges, refused to take ownership of their past indiscretions. My best advice; be humble and man-up.

Why are moral waivers completed? The waiver process is a filter to prevent enlistment of persons whose social habits are a threat to unit morale and cohesiveness while allowing those who may have made a couple of prior indiscretions, but still have a good potential to serve.

Some important definitions:

Adjudicated: “The completion of a legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.” For the purposes of enlistment, if your charges are disposed with ANY condition, it will be considered a guilty finding and will be subject to, if otherwise qualified/required, a waiver by the proper approval authority. Example; a prosecutor 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, anything!
Probation: Probation is the suspension of a sentence of an individual convicted of an offense. The suspension of sentence will usually always require the individual to abstain from further unlawful activity during the period of probation and may or may not include other conditions imposed by the convening civil authority/court. The term unconditional/unsupervised probation is used to define a period of probation where the individual has no restrictions concerning freedom of movement, no future reporting requirements, no outstanding balance of fines, restitution or community service to be fulfilled, or any other tangible condition that would restrict the individual’s ability to join and serve in the armed forces. Supervised/conditional probation is defined as any imposed condition that would restrict the individual from joining the armed forces due to movement restrictions, reporting requirements, unpaid balances of fines or restitution, or remaining community service requirements to be fulfilled. Persons under unconditional/unsupervised probation are enlistment eligible.
Non-Traffic Offense: Generally, if the maximum confinement under local law is four months or less, it is to be treated as a non-traffic offense.
Misconduct Offense: Generally, if the maximum confinement under local law exceeds four months but does not exceed one year, it should be treated as a misconduct offense.
Major Misconduct Offense: Generally, if the maximum confinement under local law is one year or more, it should be treated as a major misconduct offense.

You may not enlist into the service as an alternative to criminal prosecution, indictment, incarceration, parole, probation, or other punitive sentence. If a judge does reduce your sentence or punishment to join, then you are ineligible for enlistment until the original assigned sentence would have been completed.

All charges, citations, warnings must be listed in your enlistment paperwork, but it is only those charges and citations that have been adversely adjudicated that will have to be considered when determining if a waiver is required or even necessary. So, lets get to it, what can be waived and who can waive it.

The waiver authority based on the number of traffic, misdemeanor offenses, and combinations of those charges that you may have committed.

Offense	Number of Offenses	Waiver Authority
Traffic Violations (Follow link for examples)	Up to 5 6 to 10 11 or more	No waiver is required. NRD Commanding Officer CNRC
Non-Traffic Offenses (Follow link for examples)	Up to 4 5 6 or 7 8 or more	No waiver is required. NRD Commanding Officer CNRC No waiver authorized.
Misconduct (Follow link for examples)	1-2 3 or 4 5 or more	NRD Commanding Officer CNRC No waiver authorized.

Combination Rules for Non-traffic and misconduct (not including major misconduct) offenses.

Combination Rules for Non-Traffic (NT) and Misconduct (M) Offenses
Combination of Offenses	Waiver Authority
1 M and 4 NT 1 M and 5-6 NT 2 M and 3 NT 3 M and 2 NT 3 M and 4 NT Total of NT+M=8 or more	NRD Commanding Officer CNRC CNRC CNRC No waiver Authorized No waiver Authorized

An offense is classified a “felony” without regard to the offender’s age when the offense was committed, or whether the offense was disposed of by juvenile or adult criminal proceedings. A felony charge that is adjudicated as a felony which is amended later to a lesser offense classification shall be considered a felony for enlistment waiver purposes.

Note: Currently, a moratorium exists on Major Misconduct or any other criminal/moral waiver that requires consideration by the Commander, Navy Recruiting Command.

Major Misconduct Offenses (Felonies)
Offense	Number of Offenses	Waiver Authority
Major Misconduct (Follow link for examples)	1 or 2*	CNRC
	2 juvenile major misconduct offenses or a combination of 1 adult and 1 juvenile major misconduct.	CNRC
	If you have 2 adult or 3 or more major misconduct offenses.	No waiver authorized.
* Cannot have more than 1 Major Misconduct offense adversely adjudicated as an adult.

A combination of 1 major misconduct and 3 or more additional offenses, other than traffic violations, is NOT authorized for a waiver.

To be clear, about sealed juvenile records, several states have provisions for “sealing juvenile records” which serves to limit disclosures on the part of law enforcement officials and judicial authorities. In spite of the legal effect of such action, if you have a record, you must reveal the record, and a conduct waiver must be granted to authorize enlistment in these cases.

You receive an automatic permanent disqualification if you have been convicted of rape, carnal knowledge, forcible sodomy, sodomy of a minor, prostitution involving a minor, indecent assault, assault with intent to commit rape, assault with intent to commit sodomy, indecent act with a minor, indecent language with a minor, kidnapping of a minor (by a person not a parent), pornography involving a minor, attempt to commit any of the foregoing, conspiracy to commit any or the foregoing, or solicitation to commit any of the foregoing or if you are required by any state or federal court, statute, or administrative regulation, to register as a sex offender – NO WAIVERS AUTHORIZED.

Well, this should be just enough information to confuse the crap out of you. I just hope that this information doesn’t stop you from visiting the recruiting station and asking specific questions about your individual circumstance, and provides you with enough insight so you can be as prepared for the visit as you can be.

Read Comments (810)

810 Responses to “Moral Waivers for Enlistment”

NCCM(ret) says:

November 29, 2011 at 11:09 pm

Arjelis,

00J is the Navy Recruiting Command’s Legal Department. They will make a determination as to who your waiver authority will be – they do not “do” the waiver.

The concerning issue about your case is if they dropped the charges without a condition, then why would they bother reducing the charges?
arjelis says:

November 29, 2011 at 11:56 pm

well thanks for clearing up what “OOJ” is

and to be clear the letter of disposition says that all pending charges were dismissed not dropped

as it exactly says “the above mentioned dismissal is a termination of the criminal action in favor of the accused(me) and pursuant to section 160.60 of the criminal procedure law “the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status occupied before the arrest and prosecution

and right at the top of the letter the title says: certificate of disposition – misdemeanor/violation………when i know the court documents say it was a felony

i think they reduced the charges like this;

the court process took about 6 months of going back and forth to court…………..and they tried to give me a less and more attractive sentencing for a exchange of giving a guilty plea every time i went to court………..i refused all there offers and refused to plea guilty……….they decided to dismiss me from the court room before it went to a trial were i would have been judge by the jury…..i never pleaded guilty……i think that is how it happen

but bottom line is that the title of the letter of disposition says “misdemeanor/violation” and the letter of disposition says that all pending charges were dismissed….it also doesn’t say that there was a condition nor can i find any document in the court house or police department that will tell me that there was a condition. i know for a fact i did not do any jail time nor paid a fine or placed on probation it says that “the accused shall be restored to the status occupied before the arrest and prosecution”

thank you a whole lot this site is awesome and extremely helpful
Daniel says:

December 7, 2011 at 2:38 am

If i got a felony reduced to a misdemeanor and then sealed can i join the USCG? The felony was aiding and abating and i don’t remember too well but i think i was also charged with participating in a gang. This was all when i was 16 and i was charged as a minor.
NCCM(ret) says:

December 7, 2011 at 7:01 am

Daniel,

The Coast Guard’s legal would have to read the court documents and make a determination. My current understanding is the CG also has a moratorium on felony waivers. (if you read the post, you will see that whether you were a minor or not, matters not).
Jesse says:

December 8, 2011 at 12:34 am

Hi im 17 years old looking to go into the military which ever branch will take me i was convicted of a sex offense when i was 13 of something my moms ex-husband had did but i got the bad end i wanna know if im eligible to go into the military ive devouted nearly my whole life to military and i would like a chance to go in but i have no resources or nothing because i live on my own and have very little if someone will please reply or contact me i would appreciate it dearly thank you .
NCCM(ret) says:

December 8, 2011 at 7:40 am

Jesse,

If your charge falls under Major Misconduct, a sex related crime other than soliciting or minor harassment incident (court records review would be required), etc., the Navy is not entertaining waivers of such gravity at this time.
David says:

December 8, 2011 at 6:20 pm

Hello,

I am a 17 year old male with a Assault 2nd (5-13-206), a class B misdemeanor in Arkansas, looking to apply for the National Guard. I scored a 94 on my ASVAB and was told I was a tier 1 candidate. Considering when I get of probation in April of 2012 and wait my 30 day period before going back down to the office in May, what are my chances of actually getting in percentage wise?

Is there anything that I can do in order to better my chances of being recruited?

Thanks
NCCM(ret) says:

December 8, 2011 at 9:23 pm

David,

I have no idea how the National Guard will process their waivers; however, if you only have an assault charge, and no weapons were used, then you shouldn’t have much problem.
David says:

December 10, 2011 at 4:11 pm

Another question if you don’t mind.

When criminal waivers are submitted, what is considered besides the offense? Are the circumstances or pleas taken into account or is it strictly by the charge?

Thanks
NCCM(ret) says:

December 10, 2011 at 5:23 pm

David,

Whether or not someone could receive waiver consideration, only the number and type of charges are considered for which adjudicated. During the waiver itself, the waiver authority will take everything into consideration.
David says:

December 12, 2011 at 4:27 pm

My son is trying to get into the SEALs. He has 1 arrest at 15 when I called the police when he and a brother got into a fight. I thought it would teach them a lesson. The police came and arrested him for felony assault. After the police left the older son stated he started the fight and had beat him up pretty bad. At court the felony charge was dropped and he pleaded guilty to misdemeanor harassment. No one told us the consequences of of pleading the case. I am trying to have the case reopened and a not-guilty plea entered. As I can tell this is the only chance he has of enlisting. Am I correct or waisting my time.
NCCM(ret) says:

December 12, 2011 at 4:32 pm

David,

Has his court documents been reviewed by Navy Recruiting legal yet?
David says:

December 12, 2011 at 4:37 pm

They are in their hands as we blog.
NCCM(ret) says:

December 12, 2011 at 4:59 pm

David,

I do not expect that going to the court and having them enter a not guilty finding will work for two reasons; first, he plead guilty and the courts won’t change that – in order to plead guilty, he had to explain to the judge what he did, so he was guilty to the satisfaction of the court. Secondly, if the court does do it, it would more than likely be so he could pursue the military – and a non-guilty finding that is entered so a person could pursue the military is treated as a guilty finding for enlistment purposes.

I am a little surprised they only arrested him as they both appeared to have been combatants.
David says:

December 12, 2011 at 5:05 pm

I was too. The police did not even question his brother. His brother had 6″ , 50 lbs and three years on him. The assult was from defending himsef from his big brother. The lawyer convinced us that he could still enlist because the charges would be dropped.
NCCM(ret) says:

December 12, 2011 at 5:31 pm

David,

I will always be amazed at the number of lawyers that make that statement, but have never taken the time to actually check the requirements.

Not sure how this will turn out – the circumstances must have been pretty bad because the initial charge was a felony suggesting there was a weapon or some other extenuating circumstance beyond an otherwise innocent fisticuffs between brothers.

Navy Recruiting Legal will determine if it is a non-waiverable domestic violence case or to what waiver authority it must be considered by.

I hope it works out.
eli says:

December 15, 2011 at 7:12 pm

Hello I am 19 year old I have clean record until I got one speeding ticket I went to court and got it defferd and I can’t get any tickets for one year ,but after court I decided to pay the fine which I did but in my record it say it still defferd will that be a disqualification to join the navy? That’s the only thing I have in my record nothing else can someone please help me ? Thank you.
NCCM(ret) says:

December 15, 2011 at 9:14 pm

Eli,

Just a speeding ticket? How much was the fine? Do you mean that they assigned you points on your driving record, and after a year the points go away? Do you have to see a probation officer? If it is just a regular, run of the mill speeding ticket, you should be fine. Go see a recruiter!
eli says:

December 16, 2011 at 4:00 am

Ya just a speeding ticket the fine was 124 dollars .no there was no points added. No I don’t have to see a PO . I’m wring because a yacht recruiter said I would have to wait till I had to go to the hearing when the year was over to see if I had anymore tickets during that year. I’m hopeing it won’t affect me I really want to serve my country . Plus I paid the 124 but if I get a ticket in that one year I’m going to have to pay it again plus the new ticket . is it consider a pending case if so will that affect me?
NCCM(ret) says:

December 16, 2011 at 6:10 am

Eli,

If you have a requirement to be in court after a year, then that will affect you. I have never heard of this requirement for a speeding ticket before.

A Yacht recruiter? You are applying to serve on someone’s yacht?
eli says:

December 16, 2011 at 7:02 am

I’m sorry i mean coast guard . Yes that’s what the judge said but I went to court for the ticket to get it off my record but I didn’t know I was going to have to go threw that . Plus its just for a speeding ticket of 4 miles above the speed limit.
NCCM(ret) says:

December 16, 2011 at 12:28 pm

Eli,

It seems strange that they want you to come back after a year for a speeding ticket. You need to contact the court and make sure you didn’t somehow misunderstand the requirements placed by the court.
eli says:

December 16, 2011 at 4:30 pm

I called the court today and they said I don’t have to go back to the hearing if only if I don’t get any tickets within that year the ticket will just be dismissed.
NCCM(ret) says:

December 16, 2011 at 11:00 pm

Eli,

Then, if you don’t have any requirements that you still have to fulfill by order of the court, go join the service!
chuck says:

December 27, 2011 at 1:36 am

When you give the recruiter the list of trouble youve been in what do you need to list, the opening charges? the final convicted charges? should I list what is “youthful offender sealed case” .. also do you have to list probation drug results? THANKS
NCCM(ret) says:

December 27, 2011 at 8:06 am

Chuck,

You must list every instance including violations of probation. You list the original charge, and then you will make a handwritten statement describing the event and the final disposition – the information you write must match what the court records indicate. Your police/court records will be pulled twice – once by your recruiter at the time you process and another time, a much more thorough check, when your ETNAC background check in completed. The fact that a sealed record exists will be revealed during the process by the court.
Edward says:

January 4, 2012 at 11:12 pm

Hi, when I was 19 I was charged with possession o paraphernalia which had to do with methamphetamines, I scored well on the Asvab and I have also completed an associates degree in arts since this occurrence, I am pursuing a bachelors at the moment. Is there any waiver or something like it that I could get and be able to join?

Thanks,
Edward
NCCM(ret) says:

January 5, 2012 at 6:00 am

Edward,

With recruiting doing so well because of the current state of the economy, the Navy is not entertaining waivers at the level your charge would require.
Lisa says:

January 9, 2012 at 1:33 pm

I have a question about current moral waiver’s and any moratoriums in place. My daughter was charged with a class B mis. marijuana possession when she was 14, and more recently got into a fight at school and was given a class c mis. assault by contact ticket. She is almost 17 and is considering her options for after graduation (Dec 2012). She’s a good kid, just made a really bad choice with the marijuana possession. What are her odds of getting a moral waiver for the Navy?
NCCM(ret) says:

January 9, 2012 at 4:26 pm

Lisa,

I have no way of knowing when to expect moral waivers to become more liberal; however, it is unlikely waivers will increase in the near term (1-2 years), unless the economy really takes off. I do recommend that when she turns 17, go see a recruiter and start the dialog.
david says:

January 17, 2012 at 1:29 pm

Hello, about four years ago I was mixed up in some bad stuff and I was charged with a class 5felony of intent, I don’t suppose its possible to waive that is it? I have never been in trouble ever before or after…I would really like to enlist and would be willing to get refferals and all documentations
NCCM(ret) says:

January 17, 2012 at 2:30 pm

David,

If you were charged with intent to distribute an illegal substance, you are not eligible for waiver consideration – your age at the time of the offense does not matter.
david says:

January 17, 2012 at 2:35 pm

No exceptions whatsoever? I’ve never ever been in trouble before or after that, and i still cant? That’s really dissapointing, even if I got the charge lesser?
NCCM(ret) says:

January 17, 2012 at 2:46 pm

David,

If you received any court ordered punishment for the charge that included intent to sell or distribute, ie. probation, fines, had to say you were sorry, anything, then there is absolutely no recourse, you are not eligible – even if the charge was reduced by the courts after the completion of the court requirements.
navyhopeful says:

January 17, 2012 at 4:28 pm

I have always wanted to join the military but my parents wanted me to put it on hold until i finished college. I am currently a soph. and don’t have the money for school, as they keep taking away my financial aid. When I was 18 i had two run ins with the police.
First offense I was driving with a buddy of mine and got pulled over. He ended up having a marijuania piece on him and put it in my dashboard. The cop began (Iguess) charging me with the paraphenilia before questioning the passenger. The passenger than told the police it was his and the cops told me I was free to go and nothing would happen to me.. next week a letter saying i am to appear in court, along with a cop leaving me a message saying he screwed up and that i didn’t have to show up in court and not to worry. I than get the paper work from the court and below the violation it says dismissed M4 with no fines or anything, the lady at the court office said this case is weird because there is no description about the case.
2nd offense i was arrested for park hours. I had left my friends house and on the way to get to my girlfriends I took a shortcut and cut through a park at night. This was on an italian side of town and me having an irish last name he didn’t like me very much(saying this because he didnt mind me hearing him call me a mick along with several swear words about being irish) and decided to book me. Being at a park after hours is a misdemeanor 1. I was young and was taken to a pretty nice jail and the fact that the M1 scared me I told my parents not to bail me out to lessen the fines and i spent 3 days in jail. Went to court and the judge was shocked and didn’t make me pay any fees and was appuald after seeing i stayed in jail. I’m pretty sure he outright dismissed the case and I didn’t have any following charges.
While at my freshman year at college(prestigious private school) they were out to get the students and were busting kids for underages left and right. I obtained an underage a cop saw me with a beer in my hand.
I was being an idiot again and decided it was a good idea to catch a ride with a girl I knew from high school and ditch a party and we ended up getting pulled over and the cop gave me another underage because he could smell it on me.
I know it seems like I’m whinning but this is really how it happened and I know I deserve most of what I got. I have been talking to my recruiter and he seems to believe I have nothing to worry about and I shouldn’t worry about not getting waivers, or them approved. I have over 35 college credits, and a 46 on my asfqt. I hope to be able to join the navy but reading stuff on line I don’t know if it will be possible. please let me know what you think.
NCCM(ret) says:

January 17, 2012 at 5:09 pm

Navyhopeful.

You really need to get the MJ charge reviewed by Navy Recruiting’s legal department – your recruiter would submit it if when he gets the documents, everything else seems to be in order. That is the charge that concerns me most. If it proves to be a truly dropped charge, then you should not have much of a problem (although, with jobs limited, most districts are requiring a minimum of 50QT on the ASVAB at this time).

When you complete your handwritten statements, I recommend that you leave out the parts about what you think the frame of mind of the police officers were – the waiver authority is going to believe the police long before they believe you. Just provide the facts, and own-up to what you did.
navyhopeful says:

January 17, 2012 at 6:24 pm

Thanks and I know better than to bad mouth the police under any circumstances, just wanted to avoid bloggers comments thinking I’m more thick headed than I am.

By MJ you mean the paraphernalia charge right?

I really believe that the cop had to have dropped the case because the lady was shocked she couldn’t find any additional information on it and I never attended court, paid a fee, or did any community service. I wish I would’ve saved the officers voicemail saying that it was nothing, I even called him back and he sounded like a great guy but who knows if that would have been additional work for him and he just said forget it. Additionally could the document I got from the court about the case say dismissed and actually not have been dropped?
casey says:

January 17, 2012 at 8:27 pm

In 2004 I was with assault on a police officer and 3 assault with a deadly weapon by throwing rocks at cars and 3 counts of vandalism and miss to meters resisting arrest all the other charges are felonys… when I went to court they gave me the deferred entry of judgment program which I completed with probation fines and community service and the case was dismissed can I still join the army??
navyhopeful says:

January 17, 2012 at 9:39 pm

again I never even had this case opened in court and never had to pay a ticket. I just went to one of the court offices to get the paper work on it after paraphernila popped up on my recruiters computer in my home town.

Thanks again you have already been a great help.
Elijah says:

January 18, 2012 at 3:54 am

I have two misdemeanor poss of weed and 1feolny poss of weed charge what are my chances of gettin in
NCCM(ret) says:

January 18, 2012 at 7:46 am

Elijah,

No chance.
NCCM(ret) says:

January 18, 2012 at 7:50 am

Casey,

As stated in the blog post because you completed a court ordered action to have your charges dismissed, you are considered guilty of the charges – requiring them to be considered – you put those charges against the waiver matrix in the post, you are not eligible for waiver consideration.
NCCM(ret) says:

January 18, 2012 at 8:05 am

Navyhopeful,

Yes, I meant the paraphernalia charge.

His voice mail wouldn’t help – the court records would, and if you could get it, the policemen’s notes (they do keep them) – his name should be east to find, the court can help you if not.

Charges that are dismissed can be done so for a variety of reasons, and all require the reason for dismissal (ie., completed a court action, not enough evidence, etc.).
Elijah says:

January 18, 2012 at 10:13 am

Even with expungement?
Elijah says:

January 18, 2012 at 10:17 am

what if I get on the first offenders program and they completely wipe away my felony possession charge and I only have 2 misdemeanor charges, would I qualify then?
navyhopeful says:

January 18, 2012 at 11:56 am

where can I go to find out what he put down for the reason of dismissal? and does it matter whats in the police report?
navyhopeful says:

January 18, 2012 at 12:35 pm

I keep calling my county court and they keep telling me that there is no description or reason why it was dismissed… She keeps telling me that the military won’t question why it was dismissed.

But anways she said she is going to look up stairs in the office to see if she can find anything..
navyhopeful says:

January 18, 2012 at 12:37 pm

She also told me she sent my recruiter the paper of the court dismissal with no information on it. Sounds like the same one I picked up yesterday.
NCCM(ret) says:

January 18, 2012 at 12:37 pm

Elijah,

No. It would not matter if the charge was expunged or dismissed because you were ordered by the court to complete some action – it means you were guilty of the charge, no matter what the court may do with the charge once you satisfied their requirements.
NCCM(ret) says:

January 18, 2012 at 12:43 pm

Navyhopeful,

When you records are checked, it will show that you have a charge, a disposition – if the disposition states dismissed for a drug charge, then you would need the court records – I have seen Navy Recruiting’s legal department actually ask for the police officers notes – point is, somehow, you need to find documentation that backs up your assertion that your charge was completely dismissed. The paperwork exists – your recruiter is the one that should be tracking it down because he cannot except as processing documents any police records the you provide. But before you continue, I would make sure the paperwork reads as you expect.
navyhopeful says:

January 18, 2012 at 12:49 pm

I meant to say she said that, “the military won’t question why it was dismissed because you never had to show up to court and were never appointed anything by the judge,” and “It was the police that had to have dismissed your case because of insufficient evidence or someone else took the blame for it”.

What do you think will happen if the policeman told them to dismiss my case and didn’t bother giving a reason why? will it affect my chances of joining the navy?

I’m sorry to ask so many questions but my recruiter isn’t too much of a help. He didn’t even think it would affect me getting in with a paraphernalia charge.
navyhopeful says:

January 18, 2012 at 1:02 pm

She just called back looked at all the paper work and said that it just said dismissed by (officers name)the officer who gave me the charge.
She said there doesn’t have to be a reason..

Do I get to write my description of what happened before my recruiter sends in the paper work?

Could a cops mistake of prosecuting me by accident ruin my chances of getting in? I mean, I know I shouldn’t have been with a kid who had it in my car but maybe my description of the case will help?
NCCM(ret) says:

January 18, 2012 at 4:40 pm

Navyhopeful,

Yes, you will make a handwritten statement describing the who, what, where, how and when.

If record check states the charge was dismissed by the officer and not the court, that should do it – just as I mentioned previously. It has been my experience that a dismissed charge without additional information, required the additional information. Remember, charges by the court can, and often do, say dismissed as the disposition because the person completed a probationary term or some other court requirement – if a charge was dismissed for that reason, then it would require waiver consideration if the charge itself is eligible for it.
jonas says:

January 18, 2012 at 7:12 pm

How come my posts where deleted?
NCCM(ret) says:

January 18, 2012 at 9:26 pm

Jonas,

They weren’t, they are on this page: http://www.navycs.com/blogs/major-misconduct
navyhopeful says:

January 18, 2012 at 10:29 pm

Do you think there is a way the court could have terminated with out me ever appearing in court or having any contact or paper of anything to be completed?
Only thing I can see on the case summary paper has involved with the court is underneath “PRESIDING OFFICER CONVICTION REPORTED TO BMV” It says a woman’s name. but its on the same line with the charge which underneath that just saying dismissed.

and my dad talked to a family member that’s a judge and told me he said on the description if I had taken a diversion program for the charge, it wouldn’t just say “Dismissed” it usually would read “dismissed through diversion program” or something along those lines. Is this usually true? because my dad said he’s not 100%.
David says:

January 22, 2012 at 1:41 pm

Is there a required waiting period after probation in order to join for the Navy?
NCCM(ret) says:

January 22, 2012 at 2:30 pm

David,

No, you can process – if otherwise eligible – the day the probation is over, but understand, if the courts reduce your punishment so you can join the service, then you will not be able to process until the normal duration of said punishment would be over – ie, if 1 year probation is the mandated minimum, and the courts give you six months and state the reason is so you can join, then you won’t be able to process until the one year normal probation would be over.
Tasha says:

January 23, 2012 at 9:12 am

Here is my question: I want to join the Navy as an officer but would need a moral waiver. I am about to speak with a recruiter this week but I just wanted to see what you would have to say about this. When I was a 19 year old junior in college, I was arrested for possession of marijuana (Misdemeanor B). I was on 6 months unsupervised probation, and paid a $400 fine. The charges were ultimately dismissed aka deferred adjudication and I now have an order of non-disclosure so my records are sealed. Either way, I know I have to disclose this information to the recruiter because when they conduct a fbi national background check, it will show up. I just want to know if I still have a chance. I have never been in trouble before, and don’t even have so much as a speeding/parking ticket. It was a dumb mistake when I was younger and it’s something I take full responsibility of. According to this website, it looks like I may be able to get a moral waiver since this is the one and only time I have been in trouble. I just wanted to see what others have to say about this incident and also see what my chances are getting a moral waiver approved. Any help is much appreciated!
NCCM(ret) says:

January 23, 2012 at 9:31 am

Tasha,

With the current recruiting environment the best it has ever been (from the service’s prospective) because of the economy and the drawing down of forces – waivers are much more difficult to get, substance abuse type waivers (possession, DUI, etc.) even harder – if not impossible.

But as you have read on this site, you do “fit” into the waiver matrix, and could receive waiver consideration, but it will be up to the local command, and the needs of the Navy, whether or not they will allow you to move forward. I highly recommend that you do speak with the recruiter – at worst, he says no, but you will know where you stand.
Tasha says:

January 23, 2012 at 10:21 am

yea I somewhat figured that may be the case with the current economic situation, etc. Thank you so much for the information. It definitely helps prepare me for what the recruiter may say. I will just speak with him and put it out there on the table and see what he has to say about it. Like you said, the worse thing that could happen is the recruiter tells me no. Again, thank you!
David says:

January 24, 2012 at 7:08 am

I have only one conviction on my record. When I was 13 it was felony possession. I’m almost 21 now and tried joining the army at seventeen an got all the way up to a colonel for my waiver then they stopped giving them. Just wanted to know if anythings different for the navy?
NCCM(ret) says:

January 24, 2012 at 7:40 am

David,

As you may have read in the post, currently, the Navy is not processing Major Misconduct waivers.
peter says:

January 25, 2012 at 1:14 am

Hello,
I am applying for a direct commission in the army national guard as a social worker. I took my physical in june and passed. I was told by my recruiters that I needed to get a waiver because I have 6 speeding tickets in last 10 years and a no insurance ticket. I did however have insurance at the time I just spaced mailing it in in time to the courts, I provided the recruiter with a letter from my insurance carrier stating I have had no lapse in insurance coverage since being with tye carrier about 15 years now. My speeding tickets were less than 10 miles over the limit, fines were paid. I have interviewed with the colnol of the unit and he wants me and my recruiters tell me not to worry to much that the waiver should come back positively. At first they told me it would take 30 days to hear something and then at 30 days they said it could be 60. 60 would be at the end of this month. Have you seen waivers for 73a for this sort of thing. Thank you
NCCM(ret) says:

January 25, 2012 at 7:03 am

Peter,

I am unfamiliar with the National Guard and their waiver process, but having just the six traffic violations (although six is a lot – slow the heck down!) should not by themselves be the reason for a disapproval – I suspect that you are waiting on an acceptance – the process that they consider whether they will approve you for a commission, and not just for a determination whether they will just allow you to continue processing because of tickets, so they are looking at your entire life history, and they are looking at the needs of the National Guard to see if you are the right fit compared to all the others who have also applied. Good luck!
peter says:

January 25, 2012 at 7:46 am

Thanks for the info. I am actually still waiting for my waiver approval to come back before they can send my application to “the board”. But this waiver process seems to be taking time so I was curious if my speeding tickets are unusual. Like I said 8 also had a no insurance ticket but provided a letter from my car insurance that I had insurance at the time so hopefully that help. There is a big need now for 73a and other mental health and I know ill have a spot if and once I get through waiver process. Again thanks for taking time to respond to peoples questions on here. It helps to reduce are anxiety at times and gives us insight into a procress that is often confusing
Christian says:

January 25, 2012 at 2:04 pm

Hey everyone,

Currently I am trying to join the army, and I prior I was in college.

I ended up going to a party one night and drank too much, and a series of events occurred.

ALL of these are first time offender:

1) Obviously an underage alcohol possession charge. I had an alcohol level of 0.28

2)A trespassing charge (I thought I was in my room, but entered someones) and a BNE but this was dropped.

3) A cop came and tried to arrest me (I ran thinking it was someone else.I was told this happened. I had no recollection of what truly happened) So I received a resisting arrest charge.

4) I woke up in a cop car with a bruise on my temple and my eyes burning due to being maced. I asked what happened, and he told me I hit him. There were no witnesses. I received an assault on officer but this was dropped to simple assault.

Summery:
I ended up with 3 misdemeanors, 4 months in jail, community service/ probation. I ended up finishing the community service and probation requirements early. Which led to me being released.

What are my chances. Currently I have already taken my ASVAB received a mediocre line scores (I should probably retake) of 110 or higher. Right now I am waiting to hear a response from them regarding a background check I had to do (fingerprinting.) I have waited two weeks and I am now getting worried.

Any suggestions or any insight would be greatly appreciated.

~C
Christian says:

January 25, 2012 at 2:07 pm

Oh just to add I am interested in all military branches. I am fit as well.
NCCM(ret) says:

January 25, 2012 at 4:59 pm

Christian,

I read it as 3 Misconduct Offenses and one Non-Traffic Offense (as I am sure you understood by reading the post, programs like first offender mean nothing when it comes to waiver requirements). Of course, the devil will be in the details – the result of your records check.

If it proves to be the 3 Misconduct Offenses, for the Navy, I am not sure about the other services, but do think they are similar, you would not receive waiver consideration at this time because the level that your waiver would need consideration currently has a moratorium in effect.
Anna says:

January 26, 2012 at 2:09 am

Hello, I wanted to know what if any are my chances of getting in the navy with a misdemeanor of domestic violence?
NCCM(ret) says:

January 26, 2012 at 7:17 am

Anna,

DV charges have there own rules – it depends >>> http://www.navycs.com/blogs/2010/02/21/no-waivers-for-domestic-violence-convictions
brian says:

January 27, 2012 at 9:02 pm

I have lots of felons on my record when I was you. I was In my teens. Im not 24 years old havent been In trouble since. I want to join. I have a family but cant get a job all I want to do Is provide for my family. Im life is falling apart.
NCCM(ret) says:

January 27, 2012 at 9:07 pm

Brian,

Multiple felonies would not receive waiver consideration even if they occurred when you were a juvenile.
John says:

January 27, 2012 at 11:43 pm

Hello I’m confused when I was 16 years old I got into a fight all charges where dismissed by court. I had my juvinile record expunged caused I was found guilty for conspiracy and falls information to law enforcement I just had to pay a fine unsupervised probation its been about 8 years now. Now im 26 years old havent had no issue with the law My recruiter said these charges are not a big deal but I hear so many story I dont know what to believe. He wants me to go to MEPS next week to take my physical and take the oath I’m going in the navy. He said if I need a waiver I’ll get it once I’m in I just have to write a letter of what happen that day and the outcome can you please help me understand what he is trying to do thanks. He did a background check by my local PD and nothin comes up and those charges where misdemeanor I have NO FELONY
John says:

January 28, 2012 at 5:19 am

And the other charges were dismissed I was unsupervised probation if that help in any way
NCCM(ret) says:

January 28, 2012 at 7:48 am

John,

As long as you make sure your charges are listed in your application, and you complete all your handwritten statements about the charges before you go to the MEPS, then the recruiter must have made a determination that a waiver is likely. DO NOT withhold information from your application – LIST EVERYTHING.
John says:

January 28, 2012 at 9:04 am

I’m sorry what do you mean list everything? those are the 2 charges I have. next to the charge it say DISPOSED
I also have ready the hand written statement of what occur that day with the outcome is that good enough?
NCCM(ret) says:

January 28, 2012 at 9:26 am

John,

Yes, that should do it. Your comment about getting a waiver for it once your in confused me because any enlistment waivers that you need will be processed at the MEPS, and not when you are “in” – my mistake.
John says:

January 28, 2012 at 9:38 am

Oh ok thanks. One last question what happens if my recruiter try to get a waiver after I took the oath? Cause the way I took his information was if he was trying to get me in first and before going to boot camp request a waiver? He was more focus on getting a approval from MEPS over the misunderstanding of the high blood pressure then the misdemeanor.
NCCM(ret) says:

January 28, 2012 at 9:45 am

John,

ALL waivers must be completed before you can swear-in.
John says:

January 29, 2012 at 2:17 am

Ok sorry. It this was my charges that where dismessed “conspiracy,unsworn falsfication to mislead public servant, improper Behavior. all misdemeanor

Charges I was found guilty: conspiracy, falsely incriminating another. I had probation

Second insistent on 2003, improper behavior “fighting”, aggravated assult to a teacher both charges
Found not guilty i did not need to pay a fine or probation just went home after court.

I’m confuse with what I can get a waiver and what I can’t all of it was juvinile 16 years old I have no felony
NCCM(ret) says:

January 29, 2012 at 7:42 am

John,

All of those charges must be listed in your package, including the dropped ones – the fact that you were a juvenile at the time is irrelevant.

What were you conspiring to do that lead to the conspiracy charge?
John says:

January 29, 2012 at 8:04 am

It was a fight that got out of control that’s all. but can I get a waiver?
NCCM(ret) says:

January 29, 2012 at 8:11 am

John,

The details do matter – there isn’t too many fighting charges that end up as conspiracy, but if your recruiter is continuing your processing after reading the details, then he must think you have a better than a 50:50 chance of succeeding.
John says:

January 29, 2012 at 8:27 am

It was in high school and we as my friends plan to jump some guy cause the day before they hit me after football practice. The fight occurred then the cops found out by Someone else that we planed to jump this guy so they charged me twice for conspiracy the judge dismissed one cause the cop wrote it twice. But I thought if a charge is dismissed with no fine or probation the military cant look at it as a conviction.? I heard that if I was GUILTY of aggravated assult that won’t let me in the navy. So It wasn’t why is it difficult to enlist?
NCCM(ret) says:

January 29, 2012 at 9:54 am

John,

You stated in another comment that you were found guilty of conspiracy – if the conspiracy was to commit a felonious act, ie., aggravated assault, then the conspiracy charge would be treated as a Major Misconduct for waiver purposes.
John says:

January 29, 2012 at 10:04 am

But those are two different case I got in trouble 2003 and on 2004
The agravated assult was on 2003 found not guilty
And the conspiracy was on 2005 how can I explain this so people don’t get confused especially MEPS
NCCM(ret) says:

January 29, 2012 at 10:14 am

John,

Your handwritten statements thoroughly describing each event will define each charge and its disposition. Your recruiter will ensure all your documentation is in order before you go to the MEPS, and MEPS will not be confused.
J. Folsom says:

January 31, 2012 at 12:03 am

Hi,

I am interested in joining the Navy Seals but I have several offenses on my criminal record.

Driving without proper identification or proof of insurance 2003.

Poss/consumption of alcohol by an underage person and disorderly conduct together in 2006 resulting in my arrest.

In Colorado they suspend your license after a MIP charge.

I was charged with driving with a suspended license in 2008. I talked to the DEA and he dropped it. I found out my reinstatement fee at the DMV needed to be paid. I didn’t know it worked like that and I paid it at the DMV.

In 2008 I was sent to the emergency room for alcohol abuse. I have since abstained from alcohol use as its got me into more trouble then its worth. Is there any chance of me getting into the seals with these misdemeanors and alcohol abuse?
NCCM(ret) says:

January 31, 2012 at 9:46 am

J. Folsom,

If/when you clear the physical (all of your medical documents pertaining to the alcohol abuse hospital visit (including any follow-up) would need to be sent to MEPS for review via your Recruiter), then you would require a program waiver after any regular enlistment required are completed.
Ryan says:

January 31, 2012 at 3:05 pm

Hello everyone,

I’m 21 years old and just moved from Germany to the U.S about three weeks ago. I’ve lived in Europe all my life due to my dad being enlisted in the Air Force. I was under the influence of marijuana while operating a car when I got stopped by the German police(february 2010). I was charged with a DUI of the German government. While taking me to the German police station,the officer asked me a line of question, to one replied I went to Maastricht(Holland) to buy drugs(Marijuana). At the time being I didn’t rethink of what I was saying due to lack of sleep,nervousness and being under the influence. I did not have to go to court because of my first encounter with the police. My German license was taking away from me and had to pay a 660 euro fine. At time being I held a USERS license from the base. German officials contacted the military police on base with the German report where I then handed my USERS license back. I never got in any trouble with the police officers on base other then signing a piece of paper saying I gave up my driving privileges. I went trough the German system of getting my license back, which was done by a 23 hour of one on one talk to a psychiatrist about why it happened and preventing it from happening again. I haven’t had any trouble with the enforcement officers since then.I was still in high school at the time bad influence of friends and having a horrible child hood came to this incident. My question is.. Am I still eligible for joining any of the military branches? Can I get a waiver trough court? Is there anything I can do about my situation? I really am lost about everything and I want to do nothing more then do join the steps of my dad.

Thanks so much!
NCCM(ret) says:

January 31, 2012 at 3:31 pm

Ryan,

All of the court/police documents would need to be reviewed. Minimally, you have a DUI that would require a waiver from the service you would be applying (if they are considering such waivers at this time).
Joe says:

February 1, 2012 at 8:43 pm

I made the mistake of giving the police a statement about the marijuana the found in my car in california, it was over a few lbs, I do have a medical card, and have never been in in any trouble this was my first time, should I still get a lawyer, and can they help me or have I really screwed myself for making a statement?
NCCM(ret) says:

February 1, 2012 at 9:56 pm

Joe,

If you are charged with intent to distribute, you will not have an opportunity to apply to the armed forces, ever.
freddie says:

February 5, 2012 at 9:57 am

hello, im just popping in to see if there is any chances i could enlist in the Navy with my record. I have 1 felony conviction with deffered ajudication for “possesion of a controlled substance”. it is my only stain on my criminal record and it occured in 2005. i met all my recuirments for my probabtion (also i didnt serve any time in prison) and will be able to seal my record in april of this year. is there any chances that i could be granted a moral waiver for this?
NCCM(ret) says:

February 5, 2012 at 10:55 am

Freddie,

The Navy is not considering waivers for Major Misconduct Offenses at this time. If I was to guess, it could be two to three more years before such waivers are once again possible – maybe longer. That said, I do suggest that you introduce yourself to your recruiter, that way he will at least have your name for when/if the waivers open back up.
David says:

February 7, 2012 at 9:17 pm

Current Situation: I have recently joined the navy, taken a job, and have taken the PST (8:00 min Swim, 143 push ups, 126 sit ups, 26 Pull ups, 9:31 Run) was told I would get my SO contract (to go SEAL-Enlisted) and then I hit my road block, Problem: I received 3 MIP’s (Minor in Possessions of Alcohol) which has classified me under alcohol abuse on my record all of which were issued at a minimum of 3 years ago. I received these in high school and early in my college career before I became a more responsible individual. This is currently one MIP too many for an SO contract (two or less -no waiver necessary). I have a college degree from Texas A&M -good GPA, Good PST score, and three MIP’s. In my research, I have found this should be waiver-able given the situation. Am I correct or incorrect, any information is very much appreciated.
NCCM(ret) says:

February 7, 2012 at 10:08 pm

David,

In fact, a waiver IS required for up to two offenses, and you are ineligible with more than two.
David says:

February 8, 2012 at 11:23 pm

Thank you very much for the response and information. Where could I find this information about specific eligibility (ex. up to two waiver, two or more – ineligible). Again , Thank you for your help.
NCCM(ret) says:

February 8, 2012 at 11:33 pm

David,

COMNAVCRUITCOMINST 1130.8J (CH-1) – VOLUME II, Chapter 2, Section 9, Page 10, Exhibit 020903 (Block B – Alcohol-related offenses).
Concerned Mom says:

February 9, 2012 at 11:10 am

My son is waiting to hear from his recruiter on a moral waiver for the Marine Corp. He just turned 18 and last year was arrested on school property for possession of less than an ounce of MJ and paraphnelia (he had a corn cob pipe). The charge was reduced to a misdeamor and he pled guilty to misdeamor reckless conduct. He received early release from probation and all fines have been satisfied. He graduates from high school, 1st in his class May of this year. He scored a 97 on the ASVAB and is well above the minimums for physical fitness requirements. He’s a good kid and I personally do not think that he needs to pay for this the rest of his life. He went to MEPS back in December passed everything, went back the following week to swear in and supposedly 30 minutes before he got there the new rules for 2012 were received and he needed more documentation. I have an older son already in the DEP program and my husband is a former Marine, his grandfather served in the Army. Can you tell me what you think his chances are of getting his Waiver approved? The waiting is very stressful for all of us.
NCCM(ret) says:

February 9, 2012 at 11:21 am

Concerned Mom,

I am surprised he hasn’t received an answer back yet. Moral waivers shouldn’t take over a month for a response.

Whereas each case will stand on it’s own merit, from the questions that I have been receiving and the indications that I have been getting from friends of mine – drug waivers are near impossible to get at the present time – with your son being the potential Valedictorian of his class and otherwise fully qualified, I hope he does get special consideration and is able to start the path of becoming a Marine.
Concerned Mom says:

February 9, 2012 at 12:06 pm

Thank you for the response. If he’s denied now…is he denied forever?
NCCM(ret) says:

February 9, 2012 at 12:22 pm

Concerned Mom,

The denial, as would an approval, can be good for up to two years or if something changes to affect one’s eligibility, or even when the approval authority changes – ie, a local commanding officer makes an approval and for some reason the applicant doesn’t join and that commanding officer transfers, the new commanding officer may want to re-look before approving. So, to directly answer your question, no.
Concerned Mom says:

February 9, 2012 at 12:33 pm

Thank you. This has been very informative. To answer your earlier question…we’ve only been waiting since Monday. The recruiter had to meet with him for them to pick up the original arrest report. The waiver was resubmitted on Tues. morning and we should know something by Friday. We’ve been pretty fortunate, my boys have a great guy for a recruiter. I know that both him and the Mst Sgt. have really been pulling for him, they both know what an asset he will be to the Military.
Indiana Medic says:

February 12, 2012 at 4:54 am

Hi I am 26 years old with a college degree and was considering joining the Army. I do have a charge on my record from when I was 18 for “maintaining a common nuisence” which originally is a felony but in my case the judge entered it as a misdomener because it was my first (and only) criminal history and the circumstances surrounding it. The only requirement for being charged with maintaining in Indiana is that you “intentionally or unintentionally let someone use drugs in your home or vehicle”. Basically I rented a home where my friend at the time smoked marajuana and he got arrested on another charge. When the police came into my apartment they found his marajuana and because the apartment was rented to me they charged me with maintaining. A drug test the next day showed I was negative for any drugs. The judge felt for me and took my good grades, volunteer activites, and lack of a criminal history & drug use into consideration. The misdomener was entered before sentencing and I only recieved non-reporting probation. Thank you in advance for your help.
NCCM(ret) says:

February 12, 2012 at 7:45 am

Indiana Medic,

I have had no experience with that charge before as I have never heard of it; however, that fact that it is listed as a felony (the charge) in the state of Indiana will make it difficult – I suspect it will require a felony level waiver unless there is a misdemeanor version of the charge on the books and not a misdemeanor just because the judge said so.

I hope you come back and let me know how this charge is considered.
Indiana Medic says:

February 12, 2012 at 1:28 pm

Thank you very much for your time. I will let you know of the outcome when I find out.
Michael.M says:

February 14, 2012 at 7:28 am

ok,I have a G.E.D didnt finish high school because of some family stuff.I was also arrested for drugs they got me for three things but droped two of them, so I was down to a misdemeanor went to court and took a drug class for 9 weeks pc1000 to get it expunged,then went to final court date and its all over with now did what I was supose to and also have have had 2 speeding tickets stop sign ticket,and a fix it for not having my up todate insurance card on me,but I did have insurance at that time and my friend borowed my car and parked next to a fire hydrant and I got it fot that to that happend within the last 5 years.If you could help me out and let me know if you think I could be excepted into the US Army I would appriciate it thanks. Michael.M
NCCM(ret) says:

February 14, 2012 at 7:45 am

Michael,

I do not know how the Army is proceeding with waivers during their draw-down, but based on some comments here and emails I have received by those concerned as you are, the Army is not considering prior drug offense waivers at this time (if the drug was marijuana, other than MJ, and you would not receive waiver consideration even during the best of times with just the GED), especially for those who do not have at least a Tier I education. http://www.navycs.com/blogs/dod-tier-i

Waiver Charts for Criminal and Conduct Offenses

Moral Waivers for Enlistment

May 23rd, 2010

Some important definitions:

810 Responses to “Moral Waivers for Enlistment”

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