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”

Tracy says:

February 16, 2012 at 9:22 am

I am 24 years old, 45+ college hourse, scored 91 on ASVAB. 6 years ago I was arrested for public intoxication. What are my chances of getting a waiver for Navy and Air Force.
jacobi says:

February 16, 2012 at 11:43 am

I have been arrested twice the first time i was arrested i was charged with two counts of assault on a police officer and one count of assault and battery,Disturbing peace,Resisting arrest,Disorderly conduct, and the second time i was arrested i was charged assault on a police officer, Resisting arrest, fail to comply with a lawful order both case was dismissed from court can i still join the navy
NCCM(ret) says:

February 16, 2012 at 12:17 pm

Tracy,

If you are otherwise fully qualified and that is your only charge, you have a good chance at a waiver for the Navy – for the Air Force, I have no idea.
NCCM(ret) says:

February 16, 2012 at 12:19 pm

Jacobi,

Assuming they were adversely adjudicated, you have too many charges – which makes you ineligible for waiver consideration.
jacobi says:

February 16, 2012 at 2:37 pm

i went to court and they told me that my case was dismissed from court and i could go home…i didn’t do anything to have them dismiss the case
David says:

February 16, 2012 at 2:46 pm

Thank you very much for the information. You have been very helpful
David says:

February 16, 2012 at 4:01 pm

This is in response to a previous post.

A minor in possession of alcohol is considered a non-traffic offense (minor-misdemeanor) correct? This does not fall under a misconduct(serious misdemeanor) according to the charts provided on your website. According to the NAVY recruiting handbook, Three or more (major misconduct) is ineligibility for the SO rating. (Non-traffic Misdemeanor) infractions the maximum is three to five. Any input is much appreciated and again thank you very much for your help. You have really been a tremendous Help.

#98
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.
NCCM(ret) says:

February 16, 2012 at 4:10 pm

David,

SO, and a few other ratings, have additional restrictions that other jobs may not have. The waiver matrix is for just enlistment – to get into some ratings, like SO, you must meet additional requirements.
jacobi says:

February 17, 2012 at 9:27 am

i thought you said as long as the cases was dismissed you could still join
john says:

February 19, 2012 at 10:13 pm

i have 8 misdemeanor on my record and all case was dismissed from court and all i did was show up to court and the cases was dismissed
NCCM(ret) says:

February 20, 2012 at 7:31 am

John,

If you went to court and the charges were outright dismissed, and you didn’t have to do anything like pay any fines, say you were sorry, attend a class, spend a night in jail, serve a probationary period, anything; then once your court records are reviewed and that proves to be the case, you would be eligible to process.
john says:

February 20, 2012 at 1:29 pm

thank you for all of your help
Cody says:

February 23, 2012 at 10:10 pm

I’m hoping maybe you can help me with this, last year in May I got a ticket for ‘throwing missiles’ I threw a gum wrapper away from traffic and a woman later on called the cops and said I had thrown rocks at her car. We went to court and since I admitted that I threw my gum wrapper out that he had to charge me with it even though the lady couldn’t prove that I threw anything to damage her car. I didn’t think anything of it until recently when I tried getting into the Air Force, they required me to get a morals waiver which disqualified me from many different jobs. With the Waiver I was to sign with the Air Force under any jobs they had available. I was fine with this until I found out that I was assigned to be a plumber and had no other options. I’m going to get discharged from the Air Force DEP and am now looking at other branches. My ultimate goal is to become a police officer. My question to you is, did I even need this waiver? I don’t think I did at all, but then again I’m no expert.
NCCM(ret) says:

February 23, 2012 at 10:26 pm

Cody,

Enlistment waiver requirements are basically the same across all services because all the services must report the amount and type of waivers they complete to DoD – DoD wants to make sure they are comparing apples to apples.

That said, your court record would have to be reviewed to see what the charge would be classified as for potential waiver consideration. How much was your fine? Did you have to pay restitution? Serve probation/community service?

If you do require a moral waiver, getting a law enforcement job guarantee in any branch can be difficult.
Cody says:

February 23, 2012 at 10:28 pm

The ticket was for $200, I paid the fine and it was over with. Would you say this would require the waiver?
NCCM(ret) says:

February 23, 2012 at 10:50 pm

Cody,

I over looked it the first time I read it, my apologies, but Trowing Missiles does in fact require a waiver – it is listed as a Misconduct Offense, “throwing objects at vehicles.”

http://www.navycs.com/blogs/misconduct-offenses
shaun a says:

February 27, 2012 at 6:06 pm

hi im shaun n i was wondering if i was abled to join if i have 3 misdeamor 1 for posseion of marajuanA ONE FOR DRUG PHARAPHILLA N 1FOR PETTY THEIFT CAN I STILL JOIN?
IT HAPPENED OVER A YR AGO N IM A DIFFERENT PERSON N RELIZE THE MISTAKES IV MADE.
NCCM(ret) says:

February 27, 2012 at 6:36 pm

Shaun A,

With those three charges, you would require a waiver by the Commander, Navy Recruiting Command; currently, there is a moratorium on moral waivers that require that level of consideration. So, to directly answer your question, no, you would not be able to join at this time.
Zack G says:

February 29, 2012 at 6:48 pm

I am 22, and want to join up so bad! However, I was charged with possession of marijuana when I was twenty.

One day being stupid, doing something stupid for someone I thought was my friend, I paid the price. I was caught with marijuana that belonged to my friend.

The cops never gave me a ticket, they never arrested me, never put me in a car, never took me to jail. They confiscated the stuff and left. I didn’t even know I had been charged until I received a summons over a year later!

I went to court, and I explained to my pub defender I was about to enlist. She said if I paid the fine and joined, they would dismiss the charges. My charge was dismissed w/o prejudice. Based on what I’ve read, the community sees it as dismissed, but the military military obviously sees it differently.

I made a mistake. I got one heck of a surprise in the mail (summons). I went to court, did what I was told, and now worry my future just went down the tubes.

I’m 22, working, and realize how one stupid mistake can affect your life. At this point, I would scrub floors to join. Is there any chance of having a moral waiver for such a charge?

Thanks, man.
NCCM(ret) says:

February 29, 2012 at 7:37 pm

Zack G,

Separately, because your case was dismissed with a caveat that you must join the service, your court record would have to be reviewed by Navy Recruiting Legal. That said, I have answered this question just the other day, here >> http://www.navycs.com/blogs/2010/10/05/navy-drug-waivers/comment-page-3#comment-24434
thomas says:

March 1, 2012 at 9:27 am

Im tried to join the Marine Corps…waiver was denied ….I was charged batterywith aggravated battary….could I try again?…..what you think would happen?
NCCM(ret) says:

March 1, 2012 at 9:55 am

Thomas,

If you were denied a waiver, then you are not going to be able to join that service – most waiver authorities will not reconsider unless you have greatly improved your standing, such as, you have become a leader in your community, you have completed a degree, etc.

That said, currently, there isn’t any service that is considering individuals with a prior Major Misconduct Offense (felonies/etc.) for enlistment waiver consideration.
Garrett L. says:

March 2, 2012 at 5:33 pm

In my case I have a misdemeanor larceny(valued by victims of $5,000 which is ten times the amount a waiver is then required.) Payed them a restitution of 100 dollars, case dismissed with teen court; and was 16 years of age. Larceny case was originally a felony but we had no intention of keeping them as we used to for a ride to the pool. Sadly, I was kicked out of teen court from a violating conduct at school. These charges were expunged as a single case:disorderly conduct, communicating threats, and assault on school employee. To my mitigation of the ordeal the assistant principal had no bruises on his alleged assaulted arm, as I slapped the phone off his desk. Any branch will do as I am determined for a slot in special forces.
NCCM(ret) says:

March 2, 2012 at 5:52 pm

Garrett L.,

Your larceny charge would be classified as a Major Misconduct Offense; currently, waivers for such offenses are not being considered.
Richie says:

March 2, 2012 at 11:22 pm

My brother, 15, recently got caught with Marijuana at school and was kicked out. He is required to go to alternative school and was put on probation. Would this offense make him no longer eligible for corpsman when he turns 18, even though he was a minor at the time of the incident?
NCCM(ret) says:

March 2, 2012 at 11:39 pm

Richie,

Yes, that charge renders him ineligible for Corpsman; the age of the person at the time of arrest is not a factor.
Wes says:

March 4, 2012 at 11:48 pm

Hello
When i was 13 years old i was arrested and got diversion and dismissed and my understanding is that is a conviction in the eyes of the Armed Forces, and it is unwaiverable. However i was 13 at the time and this was more than 5 years ago as a juvenile,

In Regards to the charges of possession as a minor it states on page 44 of AR 601-210 that

“Applicants with juvenile major misconduct offenses who have had no offenses within 5 years of application for enlistment may be considered for a waiver in meritorious cases without regard to paragraph 4–22m.”
NCCM(ret) says:

March 5, 2012 at 7:36 am

Wes,

You need to look at the reference of paragraph 4-22m, it states; “m. Subject of initial civil court conviction or adverse disposition for more than one major misconduct offense.”

That is saying what the blog post above is saying, “2 juvenile major misconduct offenses or a combination of 1 adult and 1 juvenile major misconduct.”

It does not change the waiver authority for a single Major Misconduct Offense.

Many years ago, there used to be a rule for charges that were considered “Baby Felonies” – a single felony that was committed while 13 or younger could be considered (if it was the applicant only charge committed during their life) by the local commanding officer, but that policy has not been in effect for well over ten years. Now, per DoD, the Flag or General Officer of the recruiting commands must be the waiver authority for Major Misconduct Offenses, and at least for the Navy, currently, there is a moratorium on waivers that require that level of consideration.
colton says:

March 6, 2012 at 12:55 am

when cases are dismissed in court, regardless the charge, what is the militaries outlook on it?
NCCM(ret) says:

March 6, 2012 at 7:54 am

Colton,

If the charge is dismissed because you didn’t do it, then the charge must still be listed in the application, but there would be no waiver requirement for the charge.
Quis says:

March 6, 2012 at 11:03 am

Hello
I am a college student interested in joining the Navy. The problem is that in November I got a possession of marijunna charge. It was .4 of a gram. I went to court and the charge was reduced to disordly conduct and I have to pay a 200 dollar fine. When I talked to a army recruiter he said I was disqualified. Then this week a navy recruiter called me and said he might be able to help me. He wants me to Get a court disposition and call him back. What are the chances that I will still be able to enlist ?
NCCM(ret) says:

March 6, 2012 at 11:34 am

Quis,

All charges received will have an individual disposition; there can be many types of dispositions – to answer your question, the charge has to have been completely dismissed/dropped – if it was somehow combined into a single offense, then its disposition would be the same as the charge it was rolled into.

More plainly, the charge of marijuana possession and disorderly conduct will be listed separately on your enlistment application, and each must have a disposition listed, supported by the police records/court documents.
Craig says:

March 7, 2012 at 1:42 pm

I was arrested when I was 19 for felony posession of marijuana, but convicted of misdemeanor possession. I am now 23 years old, I scored a 95 on the asvab, on the verge of attaining my associates degree, is there a chance that I can enlist in the Marine Corp?
NCCM(ret) says:

March 7, 2012 at 3:20 pm

Craig,

Because you were initially charged with felony possession, your court records would have to be reviewed to establish who the waiver authority would be; however, I do not know the Marines’ position on considering any drug abuse waivers at this time.
Craig says:

March 7, 2012 at 4:24 pm

Thank you for your time sir, I will still try in the mean time I appreciate your input.
Dan says:

March 8, 2012 at 12:50 pm

I was convicted of a wet and reckless back in September 2011 but the DA has agreed to early termination of probation in May 2012 because I will have paid all fines and completed all education requirements. Will I be able to begin the waiver process after probation is ended?

Thank you.
NCCM(ret) says:

March 8, 2012 at 1:07 pm

Dan,

An alcohol related moving violation (Behind the Wheel Offense) requires a one year minimum waiting period from the date of arrest before you can process – as long as all probation is completed and fines are paid.

http://www.navycs.com/blogs/2008/09/05/behind-the-wheel
Dan says:

March 8, 2012 at 1:40 pm

I appreciate your prompt response, NCCM(ret)! Thank you, sir.
Carlos says:

March 10, 2012 at 3:16 am

Hey, I got in trouble when I was a juvenile but was found not guilty by the court they had the evidence to find my guilty but they didn’t. It supposed to be getting destroyed this month wiped from arrest and criminal history, am I eligible for a waiver of the arrest or crime.
NCCM(ret) says:

March 10, 2012 at 7:14 am

Carlos,

Did you have to serve probation? Do community service? Pay a fine? Write a letter of apology? Did the court make you do anything? If so, then whether or not you need a waiver depends on the crime; otherwise, the charge must still be listed in your application, but would not require waiver consideration.
will says:

March 10, 2012 at 12:27 pm

do you think i will be issued a waiver for a dui 4 years ago.i went through six months of probation and rehab.
NCCM(ret) says:

March 10, 2012 at 4:00 pm

Will,

You went through rehab? If so, you would not be eligible to process until a minimum of 2 years have passed since you have finished any and all treatment – your recruiter must submit all your medical records to the MEPS for review.
Brian says:

March 11, 2012 at 10:43 pm

NCCM,
Back in December of 2010, I was 18, senior year of high school, I got into a fight at my ex’s house with one of her friends. The next day at school, we had another fight. After the second fight, he went to the police and reported both incidents. I got charged with Assault And Battery (two counts) and got three months of unsupervised pretrial probation, which was successfully completed in September 2011 (the fight was in December 2010 as stated, but by the time court was done, it was like June 2011. I wasn’t found guilty, but I wasn’t found not guilty either. I need one waiver for both instances. What are the chances my waiver gets approved? I got a 35 on my ASVAB, not very good, I know, but that’s only one factor in determining a decision. I wrote a written statement, had my mom write a letter stating what she saw, got all the records and such, and I believe I have interviews with a Captain and Major this coming week. It would be devasting getting denied because I just needed (and got approved) three medical waivers. Just when I thought I could enlist, another road block came up.
Jim says:

March 12, 2012 at 12:01 am

I was wondering if I will be able to obtain a waiver for a charge that was reduced from a felony to a misdemeanor and I got pretrial diversion for which was dropped after completion for possession of marijuana under 20 grams. The original charge was possession with intent but my lawyer proved there was no intent so it was reduced to simple possession. I got my associates degree and outstanding credit if that helps. I am 24 as well. Do I have a chance to enlist in the Marines or any other branch of the military? I know quite a few military officers and my father who was a Marine officer that will help me also by writing a character letter for me as well and I have maintained the same job for 7 years as well if that helps. Please help.
AJ says:

March 12, 2012 at 12:11 am

I am 23. Back in high school I was prescribed to prescription drugs and got addicted, the addiction made me resort to using heroin. In feb 07 I got arrested for possession of paraphernalia (syringe). I did classes and community service and case was dropped. The second I said this to a recruiter 4 years ago he hung up on me, which is very understandable, heroin is the lowest of the low… 5 years have gone by drug free, I speak to schools about dangers of drug addiction, I have an associates in human services, and am a certified addiction counselor. Would any of that even matter if I wanted a waiver for marines/army/navy?
NCCM(ret) says:

March 12, 2012 at 6:39 am

Brian,

If they are willing to interview you for the waiver, then your chances are at least 50:50 you will get approved.

You said, you weren’t “found” guilty – that is actually correct, you plead guilty when you excepted the plea – it is the same thing, which means there is no doubt in the court’s and military’s mind that you did it.

Be respectful. Be remorseful for your actions that helped cause the situation – tell them what you learned from the experience – don’t blame anyone else, you put yourself in the mix; you could have very well avoided the confrontation and walked away.
NCCM(ret) says:

March 12, 2012 at 6:43 am

Jim,

Any charge that was reduced from a felony must be reviewed by the legal department – with an initial sales intent, the legal department is going to want to see (if the local district allows it to get that far), all the court records and most likely the police arrest record. Your chances are not very good because of the initial intent caveat, the court’s records are going to have to be very compelling.
NCCM(ret) says:

March 12, 2012 at 7:00 am

AJ,

You have multiple hurdles based on what you are stating.

1. What medical issue lead to the initial prescription – is that in itself a medical disqualification? Those medical records would have to be sent to the MEPS for review. Also, you would not be eligible for a medical waiver for the drug addiction until a minimum of two years pass from the completion of all treatment.
2. The amount of times you used heroin would more than likely put you beyond the minimum times allowed for drug use waiver consideration (currently, there is a moratorium on waivers at the CNRC level).
3. Your paraphernalia charge is considered a Major Misconduct Offense; likewise to the drug use, there is a moratorium on such waivers.

Minimally, if the waiver authority was considering such waivers, you would require a medical waiver, a drug use waiver considered at the highest level and a moral waiver considered at the highest level, and even in the best of times, that combination would be most difficult to be granted approval.

Wish I had better news.
AJ says:

March 12, 2012 at 2:28 pm

Thank you for your quick/lengthy response. My injury was football related injury/pinched nerve 8 years ago, which has since been cleared. I’d like to find out from the courts what the actual charge was since there were no actual drugs of any kind found, but I’m guessing still paraphernalia. Would a non used syringe be considered a major misconduct offense/ if it only states paraphernalia in police report do I have to provide full explanation?. I was at a methadone clinic, which I stopped last year. By your response I would probably need to wait another year regardless? The clinic would provide information showing not 1 dirty urine for 4 years. I would be able to get letters from my community such as schools I have spoken at, jobs…. I guess I will check back in a year or so and see if the moratorium has been lifted. But it’s starting to look like military probably will not be happening. Thank you so much for this blog, it’s great you are taking your time to do this for us. Take care
NCCM(ret) says:

March 12, 2012 at 2:53 pm

AJ,

Any drug paraphernalia charge that was for anything except marijuana would be classified as a Major Misconduct Offense.

Yes, you would minimally have to wait another year before you could move forward.

Good luck to you!
AJ says:

March 12, 2012 at 5:22 pm

Thank you sir, I will keep trying, and if it doesn’t work out then it wasn’t meant to be. But I will keep pushing in the meantime. Thank you again
Munoz says:

March 13, 2012 at 1:51 pm

I was arrested when I was 14 for 2 nd degree robbery and now I’m 30 have not been arrested at all as an adult. Can I join any branch with this record I also graduated from a tech college
NCCM(ret) says:

March 13, 2012 at 2:30 pm

Munoz,

If you were in fact charged with robbery, you would require a waiver by the Commander, Navy Recruiting Command; currently, there is a hold on such waivers. However, I do recommend that you meet with the recruiter because he will know before I when the hold is lifted – that way, he will have your contact information.
Joe says:

March 15, 2012 at 2:33 pm

I have applied to join the Navy and do require a waiver for the dui, my recruiters put the request in about a week ago. How long do you think it could take for an approval?
NCCM(ret) says:

March 15, 2012 at 3:04 pm

Joe,

How long did your recruiter tell you it would take? Your waiver is completed is at the discretion of the waiver authority – your recruiter should have an idea of his/her schedule.
Joe says:

March 15, 2012 at 3:58 pm

he told me he was hoping i would go to meps last monday. however for that to happen he said the waiver would need to be approved before then. Obviously it wasnt approved because im still waiting. ive called twice this week and have only been told that these take time and he will let me know when it is approved. He seems to believe that it will definitally be approved its just a matter of when. I was hoping you had an idea of how long these things can take.
matt says:

March 16, 2012 at 9:59 am

I recently enlisted in the army, as of yesterday. I received 2 waivers for assault and theft, they were granted. My recruiter pulled up my record and those were the only things that popped up. Those were the 2 charges I put down on my enlistment papers. Back when i was 12, I broke a window, the guy called the cops and i had to pay for the window, and was on diversion. I never thought about it till now. I have to undergo a security clearance now, and is there a chance of that popping up? So I’d be discharged with fradulent enlistment? Even though on the criminal history check by my recruiters this didn’t pop up and i never thought about it. Is it to late or am I screwed?
NCCM(ret) says:

March 16, 2012 at 10:54 am

Matt,

Tell your recruiter – it needs to be listed as part of your application. The charge/incident should not put you outside waiverable limits, and it would be much better if the information came from you because you recalled it, then if if they found out because it came back on the records check.
matt says:

March 16, 2012 at 11:22 am

I told him, he said since my job has a secret, security clearance they will use the same databases as they did, and there has been no record of me being on diversion for this, and since its so minor, and i was so young, if they found it they would just dismiss it?
NCCM(ret) says:

March 16, 2012 at 11:38 am

Matt,

Using that logic, it should make no difference to him if it is added to the record. The courts generated paperwork – a local PRC doesn’t always bring stuff up. But really, that doesn’t matter – you know the incident happened, and you were specifically asked about any police involvement – it should be added to your record even if the court house burned to the ground and all who had knowledge of it died in the fire.
James says:

March 18, 2012 at 2:17 pm

If anyone knows the wait for a CNRC waiver, that would be great. It seems like BUMED waivers typically take 6 months. I have a second misdemeanor that needs to be approved, both from when I was a minor.
NCCM(ret) says:

March 18, 2012 at 2:59 pm

James,

I assume you are asking how long a moral waiver would take to come back from CNRC – currently, CNRC is not entertaining moral/criminal waivers that require their level of consideration. Medical waivers from CNRC take about a week or two for a reply.
Eddie says:

March 19, 2012 at 1:09 pm

Hello
Back in 2001, i went to jail on violation of probation but later had an add on charge saying that a young lady accused me of rape. After thorough investigation, they concluded that it wasn’t rape and labeled it as a “consensual situation” but they still charged and convicted me of Lewd/lascivious battery(statutory rape) bcuz of her age in which i had no knowledge of bcuz i was a 19 at the time. I was sentenced to 10 months and did 8 months. I was released in june of 2002 and i was required to register as a sex offender. I was just in the wrong place at the wrong time and i didn’t use my better judgement, however, I’m an active member in society and a youth minister and all i desire is a second chance at life. I inquired about joining the navy and explained my situation. The recruiter told me to gather all my legal paperwork and bring it to the local office. I’m also going through the pardon process and i wanted to know will i be eligible for a waiver?
Joe says:

March 19, 2012 at 1:20 pm

what about ncr waivers? how long can those take
NCCM(ret) says:

March 19, 2012 at 3:35 pm

Eddie,

Having to register as a sex offender is a permanent disqualification – no waivers are authorized.
NCCM(ret) says:

March 19, 2012 at 3:36 pm

Joe,

What is an NCR waiver?
Joe says:

March 19, 2012 at 4:04 pm

I’m sorry I mean an NRD waiver
NCCM(ret) says:

March 19, 2012 at 4:35 pm

Joe,

Once you have permission to process, the waiver can be done on the same day as your physical.
Joe says:

March 19, 2012 at 5:08 pm

So the written statements about what happened are just so i can start processing and the waiver doesn’t happen until i go to meps?
Eddie says:

March 19, 2012 at 7:19 pm

Ok…So what should i do first???
NCCM(ret) says:

March 19, 2012 at 7:35 pm

Eddie,

There is nothing you can do. Even if the conviction was pardoned and the requirement for registering was lifted, per instruction, the charge would still have to be considered.

The instructions guidance;

Some states have established procedures for the subsequent “expunging of the record”, “dismissal of charges”, or “pardon” upon evidence of rehabilitation of the offender. Such action has the legal effect of extinguishing the initial “conviction” or “adverse juvenile adjudication” so that, under state law, the applicant has no record of conviction or adverse juvenile adjudication. In spite of this action, the record must be revealed and a waiver of the applicant’s disqualification(s) is required at the proper enlistment decision level.

Because the charge is what it is, it renders you ineligible – the instruction states;

MANDATORY REJECTIONS/WAIVERS NOT AUTHORIZED
(13) Has 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.”
Jesse says:

March 20, 2012 at 10:15 pm

I am 23 years old and currently enrolled in college for a certificate in Security Management with classes relating to counter-terrorism and homeland security. I wish to join the military afterwards. The only problem is that I received a misdemeanor DUI in June 2010, and was also arrested when I was 17 on misdemeanor possession of marijuana charges. I am very eager to join the military, am in excellent physical shape due to extensive strength training, and my goals and interests correlate to my decision. I am aware that I need two waivers due to past mistakes and am curious as to the likelihood I would be able to serve and protect my nation and give back for all it has given to me. Thank you for your time, whomever may answer!
NCCM(ret) says:

March 20, 2012 at 10:18 pm

Jesse,

Because you have been adversely adjudicated for both DUI and a possession of marijuana, your chances for a waiver in today’s recruiting environment is highly unlikely.
Jesse says:

March 20, 2012 at 10:27 pm

Are there any signs of the recruiting environment changing? It is terrible that I am not able to serve in my countries military. Being Jewish, I guess I will have to go through with Aliyah and join the IDF.
NCCM(ret) says:

March 20, 2012 at 10:37 pm

Jesse,

Maybe once the economy improves and the unemployment rate drops.
Carl says:

March 20, 2012 at 11:10 pm

I was arrested about a year and half ago for DUI,Possession of Marijuana, and attempt to elude. I was only convicted for DUI the other two charges were nolle prossed. Am I eligible to get a waiver?
NCCM(ret) says:

March 21, 2012 at 6:37 am

Carl,

Depends on wording; your records would need to be read. You should go see a recruiter.
KER says:

March 22, 2012 at 11:44 am

I am 19 & a freshman in college. In november I had an assault 4th degree case against me that was dismissed in the guidelines that I pay court fees and 40 hours community service. I’m tryinh to join the Airforce. Can I get a waiver?
NCCM(ret) says:

March 22, 2012 at 12:01 pm

KER,

As long as all of your court requirements are completed, and the use of a weapon was not involved in the crime (I am assuming 4th degree assault is simple assault?), then you would be eligible for waiver consideration.
kdub says:

March 22, 2012 at 2:14 pm

i have a domestic violence misdemeanor. will this prohibit me from enlisting in the military?
NCCM(ret) says:

March 22, 2012 at 2:46 pm

Kdub,

It will depend on the Navy’s legal determination they will make from the court’s record of the incident.
http://www.navycs.com/blogs/2010/02/21/no-waivers-for-domestic-violence-convictions
Manuel says:

March 22, 2012 at 4:05 pm

1arrest for D.v. d.a reject proved inocense.
1 restraining order for D.v
1 seatbelt ticket
2 redlight tickets
1 urination in public ticket that i won
fix it ticket for tinted windows and proof of insurance and broken head lightthat was not my car..
no misdemeanor or felony on my record would i qualify to enlist in marines ?????
NCCM(ret) says:

March 22, 2012 at 9:35 pm

Manuel,

First of all, if you post again, I highly recommend that you do not put you email address in the “Website” box – when you do that, it makes it available for the world to see (you must still put it in the email box) – I have removed it for you.

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).
Josh says:

March 22, 2012 at 10:04 pm

I have a MISDEMEANOR charge which occurred in 2008. The charge was intercourse with female minor, not wife. I am NOT a sex offender and my fines were less than $700, and I only got one year of informal probation. Since then I have obtained my associates degree and am in the process of acquiring my second. Am I disqualified from enlisting? And does it include all branches?
Manuel says:

March 22, 2012 at 10:08 pm

Thanks i.was.just worried about my.rap sheet.of the years i really want to get in infantry i am a little worried that was my childhood dream i am 22
NCCM(ret) says:

March 22, 2012 at 10:08 pm

Josh,

All charges that are sexual in nature would have to be reviewed, and a determination made, by the legal department of the service you are applying to.
John says:

March 23, 2012 at 11:31 am

Hello, when I was 18 I was arrested and charged with 1 count of possesion of marijuana to the fifth degree, and 2 counts of unlawful possesion of marijuana. I’m 22 now and have not gotten into trouble since then or before, and I have gotten my GED, and completed a semester in college to attain 16 credits. I was wondering if I would be eligible for a NRC waiver within a different district then the NY district that I am in because they told me they aren’t giving them for my case, I have wanted to join the navy for the past two years and have been so determined and ambitious toward this goal, am I eligible for a different district?
NCCM(ret) says:

March 23, 2012 at 11:51 am

John,

With three separate possession of marijuana charges (three Misconduct Offenses), you will not receive waiver consideration from any district in the country because Navy Recruiting Command has placed a moratorium on ANY moral/criminal waiver that requires that level of consideration. It could be years before that moratorium is lifted.
james says:

March 28, 2012 at 7:31 pm

I need a waiver for a dui is there any chance i can talk to the person giving it to me?
NCCM(ret) says:

March 28, 2012 at 8:39 pm

James,

For NRD waivers – which a single DUI waiver would be, if you are allowed to process, you must to talk to the person that approves your waiver.
james says:

March 29, 2012 at 3:42 pm

Thanks i think itll help
jeremy says:

April 3, 2012 at 9:49 am

Hi, I am 24 years old and have a Misdemeanor – Petty Theft on my record, it happened recently (January 2012). All fines, restitution, and community service are done with. This is the only criminal history I have other than like 3-4 speeding tickets i got 5-6 years ago. I was in contact with a USAF recruiter recently and he said he should be able to get me a waiver because it is a first offense. But recently he has stopped returning my calls (for the past 10 days). So now I’m looking at other military branch options. From my research I’ve read that most branches are being “picky” so my chances are low universally. Based on the possibility that my USAF recruiter decided I’m not worth the effort, I’m wondering which branches will i have more luck with?
NCCM(ret) says:

April 3, 2012 at 10:58 am

Jeremy,

Much depends on your ASVAB scores, other qualifications (education, job references, etc.), and if the service is entertaining waivers. I suggest contacting the Navy and all other services until you have a complete answer based on you.
Arron J says:

April 3, 2012 at 1:10 pm

I was wondering if i could still join the Navy and get into the nuke program if I am being charged with child abuse-battery to a child under 18, obstruction of an officer( a crime I am being charged with because they think im covering for my friend but is most likely getting dropped) and disorderly conduct. I met with a recruter a week ago having scored a 92 on my asvab and passing the color blind test he said I will be able to join the nuke program as long as I kept my nose out of trouble. 3 days later I recieved a letter saying I was receiving those charges. It happened in December so I didnt know I was being charged at the time and im only 16?
NCCM(ret) says:

April 3, 2012 at 2:06 pm

Arron J.,

If you are adversely adjudicated for the child abuse charge (or even a reduced version of it depending on the circumstances), you will not be able to enlist.
Concerned Mom says:

April 6, 2012 at 6:06 am

Goodmorning! I wanted to follow up with you, I follow your blog daily.

I first wrote to you back on Feb. 9th of this year concerning a Moral Waiver for my son for the Marine Corps. I am happy to report that my son’s Waiver was approved and I attended his swearing in yesterday morning. Apparently the waiver had to go all way up the chain and took 7.5 weeks to go through the approval process. His Gunny said that his ASVAB score (a 97), recommendations from his teachers and people in our community willing to vouch for his character was a huge factor in his approval.

I really appreciate what you do, it helped me to take a moment and really review the process.

I couldn’t be more proud, happy and especially relieved.

Happy Easter to you and your family.
NCCM(ret) says:

April 6, 2012 at 7:52 am

Concerned Mom,

That is great news. Congratulations!

Happy Easter to you and yours.
Tom says:

April 7, 2012 at 2:02 pm

I am a 24 year old graduate student, two classes away from gaining my Masters in Military History. I graduated with a BBA in Marketing 3.0 gpa and was captain of the football team in college. my criminal background includes:

misdemeanor – minor in possession of alcohol
misdemeanor – fleeing on foot
juvenile misdemeanor- theft under 500$

I am trying to gain an SO contract, will my background be waiverable?
NCCM(ret) says:

April 7, 2012 at 2:21 pm

Tom,

You have 2 Misconduct and one Non-Traffic Offense – the combination rules for determining who your waiver authority would be is actually not listed; however, it does state that with one NT and one Misconduct Offense, the waiver authority would be community manager located at Navy Recruiting Command; with the additional Misconduct Offense, I would assume by omission from the instruction that it is not something they would consider, but that said, I would definitely go see your local recruiter and have him ask about your case, specifically, because of your level of education.

I hope that wasn’t confusing.
Tom says:

April 7, 2012 at 2:31 pm

Thanks for the response. Can you offer me any guidance as to how I can help my recruiter with this process? I know that they are really busy and I want to do everything I can before I show up in order to show them that I am as serious as a person can be about this process.
NCCM(ret) says:

April 7, 2012 at 2:44 pm

Tom,

The police record check has to be completed by the recruiter – but your initial visit would be an introduction, and hopefully, a phone call to the local challenge program motivator who could deliver a better prognosis than I.

The chart I am referring to is in COMNAVCRUITCOMINST 1130.8J (CH-1) – VOLUME IV, Chapter 1, Section 3, Page 8, Exhibit 010310 “NAVY CHALLENGE PROGRAMS SCREENING”, if that helps him.
jorge says:

April 7, 2012 at 10:58 pm

I’m 17yrs old and I was caught with possession of marijuana when I was 16yrs old and would I still be eligible to join the marines and I take full responsibility but I’ve been sovereigns and been trying to turn my life around…would I receive a confirmation to join???
NCCM(ret) says:

April 8, 2012 at 5:49 pm

Jorge,

You would need to talk to a Marine recruiter.
arsenio says:

April 9, 2012 at 5:51 am

Hello okay i was trying to figure out something i have a agg assault with a deadly weapon terroistic threat which is a misdemeanor resisting arrest and violaton of protection order i after all of those charges ive obtained an ged and a asso degree pleez let me know thanks
NCCM(ret) says:

April 9, 2012 at 6:49 am

Arsenio,

The Aggravated Assault/w Deadly Weapon and the Terrorist Threat charges are both Major Misconduct Offenses, the fact that you have two, combined with the other two offenses, renders you ineligible for waiver consideration.
will says:

April 9, 2012 at 8:32 am

I had to do community service for possesion of alcohol as a minor. Will i need a waiver for that?
NCCM(ret) says:

April 9, 2012 at 11:33 am

Will,

If it is your only charge, you will not require a moral/criminal waiver. Possession of alcohol by a minor is a Non-traffic Offense.
will says:

April 10, 2012 at 1:26 am

I also got a DUI around the same time. This was all when i was 17, Im now 21 years old. I went through probabtion and rehab. I have stayed out of trouble since. I know you dont have anything to do with issuing someone a waiver. Do you think them knowing i went through rehab will help my chances of getting the moral waiver?
NCCM(ret) says:

April 10, 2012 at 6:28 am

Will,

The fact that you attended rehab will require an additional waiver beyond that of the one required for the DUI. You must be completely off any treatment for a minimum of two years before you could attempt to process.
will says:

April 10, 2012 at 9:07 am

It has been more than two years. Im just keeping my fingers crossed, and praying to god it all works out. Thanks for your time.

Waiver Charts for Criminal and Conduct Offenses

Moral Waivers for Enlistment

May 23rd, 2010

Some important definitions:

810 Responses to “Moral Waivers for Enlistment”

Leave a Reply

Navigation

Navy Information

Blogroll

Categories

Meta