CVN-71

Felonies and Very Serious Misdemeanors

Major Misconduct

Not an all inclusive list, but should help you figure out how you charges may effect your enlistment, and who the waiver authority may be when you use the moral waiver guide.

An offense is classified a Major Misconduct, “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.

Major Misconduct Examples

Aggravated assault, assault with a dangerous weapon, maiming.
Arson.
Attempt to commit a felony.
Breaking and entering with intent to commit a felony.
Bribery.
Burglary.
Car jacking.
Carnal knowledge of a child.
Carrying of weapon on school grounds. (firearm)
Check, worthless, making or uttering, with intent to defraud or deceive (over $500).
Child abuse.
Child pornography.
Conspiring to commit a felony.
Criminal libel.
Domestic battery/violence, as defined under the Lautenberg Amendment.
Embezzlement.
Extortion.
Forgery; knowingly uttering or passing forged instrument. (except for altered identification cards)
Grand larceny/larceny (value over $500).
Grand theft auto.
Hate crimes.
Illegal/fraudulent use of a credit card, bank card, or automated card (value of $500 or more).
Indecent acts or liberties with a child, molestation.
Indecent assault.
Kidnapping; abduction.
Mail matters: abstracting, destroying, obstructing; opening, secreting, stealing or taking.
Manslaughter.
Murder.
Narcotics, or habit forming drugs; wrongful possession or use. (marijuana not included)
Negligent/vehicle homicide.
Perjury; subordination of perjury.
Possession or intent to use materials in a manner to make a bomb or explosive device to cause bodily harm or destruction of property.
Public record: altering, concealing, destroying, mutilating, obliterating, or removing.
Rape, sexual abuse, sexual assault, criminal sexual abuse, incest, or other sex crimes.
Riot.
Robbery, to include armed.
Sale, distribution, or trafficking (including “intent to”) of marijuana or any controlled substance. (Mandatory rejection)
Sodomy.
Stolen property, knowingly receiving (value over $500).
Terrorist threats including bomb threats.
Violation of civil rights.

A major misconduct offense, generally, when the maximum confinement under local law for the offense is one year or more.

Traffic Violations
Non-Traffic Offenses
Misconduct Offenses


Read Comments (248)

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248 Responses to “Major Misconduct”


  1. Johnny says:

    I’m 24 years old i got in trouble when i was 17 years old with the law. I went to court all charges were dismissed except two of them, they were conspiracy and false information. i received one year of probation and i had to finish high school which i did. I pass the ASVAB and took my physical at MEPS but my question is do i have to tell my recruiter that i have my juvenile record expunged and all charges were a misdemeanor? would they accept me in the military?

  2. NCCM(ret) says:

    Johnny,

    Yes, you need to tell your Recruiter about your past charges. Expunged records still exist, and the record will be found during a background check. Whether the military excepts you will be based on many factors including your past criminal history.

  3. C says:

    I was convicted of a felony 10 years ago when i was 18, i was young a stupid! i had 6 months of probation and Since then i have not been in trouble. what are my odds of being able to enlist ?

  4. NCCM(ret) says:

    C,

    Your chances hinge on many factors including the charge – follow the moral waiver guide link in the post for more information.

  5. Sean M. says:

    I passed the ASVAB with a 39 AFQT score and my question is that am I eligible for a waiver? When I was 18 was charged but never convicted of Unlawfully Sexaul intercourse. I was 18 and she was 15 at the time. I was placed on a 18 month diversionary period which I completed. Unpon completion of that the case was dismissed by the judge.

  6. NCCM(ret) says:

    Sean,

    As long as you are otherwise qualified, your court documents will have to be submitted to Navy Recruiting’s legal department, via your recruiter, for a determination if further processing is possible. Keep in mind, as far as the military is concerned, because you completed the diversionary period, you are considered guilty of the charge, regardless of the courts actions after completion.

  7. joshua says:

    ok i read the link…i was arrested for selling pot 10 years ago…the judge reduced it to pos.of marijuana…i did probation and imoved on with my life…i was stupid but i did it and i cant change it….but what i can change is the future and i want theopportunity to serve my country now and make up for the stupid childish things i did. i believe i am a fine citizen and desearve this. can i join?

  8. NCCM(ret) says:

    Joshua,

    Any possession of marijuana charge that has selling or distribution associated with it is permanently disqualifying, no waivers are authorized – no matter how long ago the incident may have occurred.

  9. Joe says:

    Convicted of Burglary felony at 18. Now 42 and received full pardon in 1994. I have been on several fire departments and an officer with the US navy’s youth program. However, I am now considering joining the USCGAUX. With documentation on the pardon, should I be able to join?

  10. NCCM(ret) says:

    Joe,

    I have no knowledge of the Coast Guard Auxiliary’s entry requirements. Their web site doesn’t discuss qualifications – I wish I could be more help. When you do find the answer, I’d be interested to know.

    Thank you for your service as a First Responder!

  11. joe says:

    I was charged with larceny by employee when I was 18 I’m 24 now it was a dumb thing but it was considered a felony in that particular state it was 238 dollars I wasn’t convicted but did serve community service and was put on probation until I completed the community. Service. I finished this years ago , that’s the only thing on my rap sheet ever

  12. NCCM(ret) says:

    Joe,

    If it is determined to be a Major Misconduct offense, then you are currently ineligible until the Navy lifts its moratorium on such waivers.

  13. joanne says:

    when i was 20,i got arrest for burglary, but release the next day, didn’t know i had court date, so 3 year later there a warrant for my arrest, i surrender myself in court. got a public defender and plead not quilty, and case was dismissed. can i get a wavier for this matter?

  14. NCCM(ret) says:

    Joanne,

    Interesting. If the courts dismissed it unconditionally, then you should be OK, but as in all felony cases, your court documents will have to be sent to Navy Recruiting legal (via the recruiter) for a determination.

  15. Jay says:

    Hi im currently being wanted for burglary but im in a different country at this time is there anyway i would be eligible to join the navy without being arrested at the airport when i arrive to U.S.A?

  16. NCCM(ret) says:

    Jay,

    No. You must clear up your charge first – I suggest going to the US Embassy there in Dubai and turn yourself in.

  17. Alan says:

    HI,

    When I was 17 I was charged as a juvenile of sexual misconduct is there any way I can join any branch of the military?

  18. Alan says:

    Its a misdemeanor in the state of Alabama.

  19. NCCM(ret) says:

    Alan,

    What was the specific charge, and was it considered a felony?

  20. NCCM(ret) says:

    Alan,

    If the charge is “Sexual Misconduct” and is not considered a felony, then your court records must be reviewed by Navy Recruiting Command legal for a determination.

  21. Alan says:

    Thanks for your quick reply and help but I have one more question

    Does that mean they will have to prove that it really is a misdemeanor, and can the military classify it as a felony even if it is a misdemeanor?

  22. NCCM(ret) says:

    Alan,

    No. If the state has it as a misdemeanor, because the charge is not listed in the waiver charts, then it will be handled as a misdemeanor, BUT because the charge is sexual in nature, it has to be reviewed by legal for specifics before the waiver process can/will go forward.

  23. Alan says:

    I spoke with a recruiter and was denied because they said its a felony and it can’t be waved is he blowing smoke?…and how to I contact the navy recruiting legal?

  24. NCCM(ret) says:

    Alan,

    If the charge was reviewed by the recruiter, he must have seen something that made him consider it a felony – that brings up a couple of questions – how do you know the charge is a misdemeanor and can the offense that you were charged with carry a sentence longer than one year? I guess there is also a third question, but doesn’t explain why the recruiter would call the charge a felony, does the local recruiting district have a moratorium on any determinations that must go to Navy Recruiting Command – there is a nationwide moratorium on waivers that must go there – this would be the first time I am hearing of one for determinations if that is the case.

  25. Alan says:

    I went and spoke with a national guard recruiter without any court papers he asked if I had any criminal history I told him yes a sexual misconduct misdemeanor he showed me there enlistment standards and. “He”said it was classified as felony but sexual misconduct was not on the list just sexual abuse and sexual assualt but sexual misconduct wasn’t on there and said because the military is a federal business that state classification doesnt matter

  26. NCCM(ret) says:

    Alan,

    When the moratorium on Major Misconduct waivers is lifted (I assume when the economy gets a lot better than it is now), go back and reapply.

  27. Alan says:

    What if the charge is not listed in the waiver charts how would the recruiter handled that. And the charge sentence does not exceed a year it is a misdemeanor and is under one year

  28. NCCM(ret) says:

    Alan,

    If the state statute states the MAX penalty for the crime is less than one year (not what you may have been given by the court), then it is considered a misdemeanor; that said, certain crimes, like those that may be drug or sex related, may have a local restriction – even if they are misdemeanors.

  29. Alan says:

    so it will be handled as a misdemeanor?

  30. NCCM(ret) says:

    Alan,

    I don’t know. Sexual Misconduct can be anything – I have no idea what you did – don’t want to know. If it is like solicitation of prostitution or maybe even a result of a non-aggression sexual harassment complaint, then it would be handled as a misdemeanor, otherwise, more than likely it will be handled as a felony – because it isn’t a charge listed in the charts and it is sexual in nature it must be reviewed by Navy legal for a determination – but the recruiter does not have to forward it for review if the circumstances of the crime are obviously disqualifying or against current policy.

  31. Sean S says:

    I have been back and forth with my recruiter a few times these last few months trying to get a waiver processed. I have been denied three or four times.

    Basically, I was drunk walking home from a bar and passed out in someone’s backyard. I was originally charged with burglary but the charge was dismissed and was instead convicted of a misdemeanor for trespassing which was reduced to an infraction upon completion of community service and probation.

    I have provided letters from myself, my attorney, and a few from the District Attorney explaining the process. The DA’s office went through the trouble of amending court minutes that were causing confusion. I am having the charges expunged hopefully by years’s end. I am also a college graduate and scored well on the ASVAB.

    My question is this: is there anything else I can provide the Navy that might help me receive a waiver? Would a letter from a congressman help?

  32. NCCM(ret) says:

    Sean S.,

    Contrary to popular belief, a letter from a congressmen or senator does absolutely nothing. The only thing they can do is make sure the process you have endured is consistent with current policy.

    Because you were initially charged with a felony, your court records have to be sent to legal for a determination. If they have determined that you are to receive waiver consideration as if it was a felony, then you are not currently eligible for waiver consideration because the Navy has a national policy in place right now that no waivers can go forward that require Commander, Navy Recruiting Command’s approval (all felonies require that level of waiver approval).

  33. Kehan T says:

    Hi. I was charged with armed robbery and conspiracy to commit armed robbery at 17 years old, but i summoned to court, never been arrested. now 23. recieved a continuance without a finding. are there any branches of the military still open to me if not the navy?

  34. NCCM(ret) says:

    Kehan,

    Your court records would have to be reviewed, and based on the details, a determination would have to be made. If you had to complete any condition placed by the court, you would not be eligible for waiver consideration until the moratorium on felony waivers is lifted..

  35. Owen says:

    1. Arrested for “Breaking and Entering 3rd” and “Possesion of forged Instrument” (both felonies) as a juvenille, and the charges were lessened to misdemeanors of criminal tresspassing and theft of property.

    2. Does the Department of Navy consider original arrest report (felony) or the ruling (misdemeanor)?

    3. If by “Felony”, when do you think the moratorium for felony waivers will be changed?

    And, if so, are there any ways to utilize means to obtian such waivers?

    - Such as: 95 (or higher) on ASVAB

    - Competitive PHYSICAL FITNESS

    - An Associate Degree of Engineering Science

    Thank you for you time,

  36. NCCM(ret) says:

    Owen,

    Any time a felony is reduced in court to a lessor charge, Navy Recruiting Command’s legal department must review the court records. It is possible that your charges can be viewed as the lessor charges and your processing could start.

    I think the moratorium will easily stay in place for at least the remainder of this fiscal year.

  37. Owen says:

    Thank you for responding to the previous question.

    Could you offer information concerning this subject?

    How would the change of the Defense Budget effect the Department of Navy’s recruiting process, pertaining to such waivers (or moral waivers in general)?

    And, would you happen to have an idea about when the best time to enlist for people who need moral waivers?

  38. NCCM(ret) says:

    Owen,

    The defense bill currently in being debated in the Senate will have no affect on what moral waivers can/will be considered by the military. Personally, I don’t think we will see a lifting of the moratorium for at least the next year.

  39. Mike says:

    Tomorrow I will be charged for a misdemeanor robbery it was a beer run will I be able to enlist

  40. NCCM(ret) says:

    Mike,

    If you are guilty of robbery, no matter how the state may classify it, you would require a waiver from the Commander, Navy Recruiting Command, and currently, those waivers are not being considered.

  41. D says:

    Hi, I’m trying to enter the Navy ODS program. I’m going to graduate with my BSN in 6 months and I always wanted to work for the Navy. I have a record for minor in possession of alcohol and a failure to id (I told the constable I was 21). I don’t have any prior charges, this was my first arrest. One of them was dismissed right away (failure to id) and the other one (MIP) I finished the adjudification for. Is it going to be possible for me to get into the ODS program?

  42. NCCM(ret) says:

    D,

    I heard an unconfirmed rumor yesterday that all the nursing program seats have been filled for FY-2012 – I know the minor in possession charge will be a consideration, but if you haven’t already sought out an officer recruiter, you need to at the soonest to get the ball rolling for the FY-2013 seats that may become available.

  43. pedro says:

    Quick question, when i was 13 i got 2 felonies for graffitti all i had gotten was probabtion for 3 or 4 months i tried getting a waiver for the army but the lady told the recruiter they coulnt take me at this time is there another way i can get a waiver if i get like the judge to lower it or expunge it or any other branch would probably accept me

  44. NCCM(ret) says:

    Pedro,

    The Navy is not allowing anyone with a previous charge that requires a waiver by the Commander, Navy Recruiting Command – those charges would include all felonies.

  45. pedro says:

    ok an would u happen to know what the other branches requirements are

  46. NCCM(ret) says:

    Pedro,

    I do not know what the policies are for the other services, but with them all cutting back on personnel and with the economy being what it is, I would not be surprised if they had a similar policy of the Navy.

  47. brian says:

    Going to be completely honest here I was in the airforce made it less than three weeks spoke with an army recruter he ran my red report and spoke with a commander they said I would be able to re enlist then he asked me about my recent background I told him I got a owi in 1999 when I got back and then got another in 05 so he walked me over to the navy recruiter they said I should be able to get a waver for both the only problem is the one in 05 my lawyer fought for the past 5 yrs back and forth I finally had to plea to it I did everything but still owe money unsupervised probation is up but now I got to go back in Feb for the in paid bills I’m just trying to fix what I screwed 12 yrs ago and bring some pride to my self what are my chances for a waver now

  48. NCCM(ret) says:

    Brian,

    Two OWIs require a waiver by the Commander, Navy Recruiting Command (CNRC) – currently, waivers at that level are not being entertained; however, considering you were also discharged from the Air Force (I am assuming you were discharged from boot-camp), and combined with the OWIs, I do not see you ever being able to gain positive endorsement for the required waivers to be able to join the Navy, even when the moratorium on CNRC waivers are lifted.

  49. jonas says:

    Hi, my name is Jonas.. I’m 26 I’ve been wanting to enlist in the Navy for some years now.. I was unable to do so, because of my probation restrictions. In 2005 I was charged with a conspiracy to committee robbery 3rd or 4th degree.. low class felony, still none the less felony… In 2009 I was arrested for DWI, charges dropped following court orders… I have been done with probation sense January 2010, with no more arrest.. I did get a ticket for running a stop sign.. Totally my fault.. and sense the DWI I have consumed little to no Alcohol… I am now ready to enlist and need to know specifically what steps to take.. as well as what jobs would be offered for me.. and when they will be excepting waivers if and when I need one… Thank you…

  50. NCCM(ret) says:

    Jonas,

    Currently, the Navy is not considering waivers for felonies, but if they were, you would still have a difficult time because of the DUI charge that came after.

  51. jonas says:

    Understood thank you.. do you know when they will be considering again, and what jobs would I be eligible for

  52. NCCM(ret) says:

    Jonas,

    I don’t think it will be until the economy picks back up – the problem is (a good problem for the Navy) that retention is very high – most are staying in. If they were getting out, seats would open up. As far as jobs, it depends on many factors like, what’s available when you join, your ASVAB score and other standards, the requirements of the rating you’re eligible for.

  53. jonas says:

    Thank you for you’re time.. just one more question hopefully the last.. hypothetically speaking if or when the economy gets better. You said I’d have a difficult time getting in.. I’m assuming it is possible correct? And again please if you don’t mind my steps of action at this point

  54. NCCM(ret) says:

    Jonas,

    Technically, it would be possible – the other parts of your life would have to be stellar – enough really good stuff the local commanding officer could use to justify a positive waiver recommendation to the Admiral.

    Beyond introducing yourself to the local recruiter, their is not much you can do right now except stay out of trouble.

  55. Sean S says:

    What would have a mitigating effect on a major misconduct violation? I posted a few months back and my plan is to reapply next year for the SEALs. Part of that plan includes volunteer service, gathering more letters of recommendation, and expunging my record and correcting some mistakes in the court minutes. Would this help?

  56. Jose says:

    Sir, when I was 17 I was charged with 3 Vandalism Charges all in the same day. I have not gotten any tickets since then when I was a juvenile.Will this effect my entrance into the USMC?

  57. Jose says:

    Sir, the three Tickets were all considered misdemeanors by the WC police department.

  58. NCCM(ret) says:

    Jose,

    If each charge required more than $500 in restitution or fine, then if you were processing for the Navy, you would need a waiver by the Commander, Navy Recruiting Command – currently, waivers that require that level of consideration are not being processed.

    I do not know if the Marine Corps have the same policy for the waiver levels which they will consider at this time.

  59. David says:

    Thank you for all of this very useful information. I have been planning on applying to a Reserve Officer program, but wonder if I am qualified because of some trouble I got into when I was much younger.

    1. In 1997, when I was 20 years old, I was charged with a class D felony (attempted forgery 2nd degree) but the charge was disposed of as a non-criminal violation and a fee (disorderly conduct).

    2. In 1995, when I was 18, I was charged with larceny over $250; in that state it was considered a felony. I served community service and the charge was dismissed.

    From reading your posts, it seems that these charges may require a waiver by the Commander, Navy Recruiting Command, thus making me unqualified (at least for the time being). Is this correct?

    Would the community service (not compelled by any court), education (a Masters degree in international relations, and I am currently a PhD candidate), a top-tier ASVAB, and languages (I speak 3, including Arabic) make a difference?

    Thanks again.

  60. tarrance says:

    25 now. I was arrested for burglary 3rd degree when i was 17. Since then, I have gotten an expungement 3 certifications and I am 20 credit hours from receiving my my degree. Is there any hope of joining the Navy?

  61. NCCM(ret) says:

    Tarrance,

    As long as there is a moratorium on waivers that require approval from the Commander, Navy Recruiting Command, you will not be able to process. I highly recommend that you visit your local recruiter so that if anything changes, he has your contact information.

  62. Erik says:

    I wanted to know if I was wrongly arrested for a strong arm robbery , I was never convicted , they put me on this ARD program that would get my record expunged …but I never did the crime I was charged of do you think I can still enlist

  63. NCCM(ret) says:

    Erik,

    Because your charge will be dropped after completion of a program, for waiver purposes, you are guilty of the crime, and you would require a waiver if otherwise eligible and if allowed to process (currently, such waivers are not being entertained).

  64. Matt says:

    Hi, I did not see minor consumption on the list anywhere, would that be considered misconduct or a non traffic violation

  65. NCCM(ret) says:

    Matt,

    “Purchase, possession or consumption of alcoholic beverages or tobacco products by minor.”

    http://www.navycs.com/blogs/non-traffic-offenses

  66. Gabe Moon says:

    Hi,

    I am currently enlisted and have been in the National Guard for the past four years. I am finishing college this quarter and am wondering if I will be able to commission with a juvenile record. My record consists of a theft in the 3rd degree which is a misdemeanor and taking a vehicle w/o permission which is a class 3 felony. Both convictions were vacated upon successful completion of a diversion program and I do have the option of having the records destroyed. Will I need to re-submit waivers to attempt to commission into the officer corps? I also already have a secret clearance, as my MOS requires it.

  67. NCCM(ret) says:

    Gabe Moon,

    The Navy will be reducing the total active officer numbers by over a 1000 next year, I highly doubt they will be considering Major Misconduct waivers, but you need to talk to an officer recruiter. Secondly, having the records destroyed does not change the fact that you received an adverse adjudication for the charges; they will have to be considered regardless.

  68. Rene says:

    I have a felony for burglary went i was 16 i did Probation and I havent done anything else ever since i have my GED and no college credits and im studing for the asvab im working out and im clearing a small tatoo in my lower neck do I have a chanse or Im just wasting my time?

  69. NCCM(Ret) says:

    Rene,

    Currently, Major Misconduct waivers are not being considered. But even in the best of times for recruiting, a Major Misconduct waiver would not be considered for a person with a Tier II (GED) education, no matter what their ASVAB score.

  70. Jim says:

    Would I be able to join the Navy if I had a DUI conviction and a resisting arrest charge on my record? The resisting arrest was dropped after a period of time so I am under the assumption that the Navy would consider it a guilty and would require a waiver?

    Also if a waiver could be granted would it be wise to give my recruiter a reference letter to gie to waiver authorities?

  71. NCCM(Ret) says:

    Jim,

    With the two charges you mention, a waiver is possible as long as you are an otherwise fully qualified applicant (good ASVAB score, education, etc.) unless one of your charges are considered a Major Misconduct Offense or needs consideration by Navy Recruiting Command.

  72. Sean says:

    Does the Navy ever take the final disposition of a case into consideration during the waiver process?

    I was charged with a felony but the case was resolved as a non-criminal trespassing violation. The district attorney has written a letter stating that the original charges should have never been filed but the Navy is still classifying it as a Major Misconduct.

    I understand the Navy needs to cut the size of the fleet but it hurts to be rejected for something you did not do.

  73. NCCM(Ret) says:

    Sean,

    All charges that are initially charged as a felony and were then later reduced must be reviewed and classified by the Navy Recruiting Command legal department. They review the circumstances of the case, not just the final disposition – I am assuming that happened and they decided your case to be Major Misconduct (Major Misconducts are not just felony charges) for waiver purposes.

  74. Sean says:

    “Major Misconducts are not just felony charges” Do I understand this statement correctly? Can someone be charged with a misdemeanor and still be classified as a major misconduct?

  75. NCCM(Ret) says:

    Sean,

    That is why the classification was changed from “Felony Offenses” to “Major Misconduct Offenses”, there are some states that may classify a certain offense as a misdemeanor whereas others may classify it as a felony.

    Keep in mind, in a nut shell, the military is not just waiving the offense, but the action that lead to the offense. If you are arrested for a felony, but the district attorney reduces the offense (which often happens in plea deals), that is all well in good, but can the action itself still be considered a Major Misconduct Offense – that is what Navy Recruiting’s legal will determine.

  76. Sean says:

    That is unfortunate but understandable. This process has been so confusing for me. I still don’t know how the Navy is concluding that I had criminal intent but I guess everything happens for a reason.

    If this moratorium does not end by the time I am 28 (26 now) does the Navy allow for age waivers in conjunction with the Major Misconduct? Provided the rest of the application has no issues.

    Thank you again for putting this blog together Sir. It is good to have someone to talk to about this.

  77. NCCM(Ret) says:

    Sean,

    The maximum active duty enlistment age is 34 (you have to be to boot-camp before your 35th birthday), sometime in that period I fully expect the moratorium to be lifted – things, including the economy, tend to be cyclical.

    Hang in there.

    I wish you well and future success.

  78. SM says:

    Hello. What about a case (felony) that is currently being investigated? I maintain my innocence but that is thethe quesrion. The investigation has been on-going for four years and I have not been charged with anything, was never arrested when the investigation began or anytime since, and haven’t heard any status regarding the investigation for four years:

    1. Would I have to disclose?
    2. Is it disqualifying?
    3. If my girlfriend (cohabitant) is joining could this DQ her enlistment?

    Thanks in advance!

  79. NCCM(Ret) says:

    SM,

    Yes, you would have to disclose any and all arrests. As long as there is not a disposition for the charge, you would not be allowed to process. Your charges will have no impact on your girlfriend’s processing.

    When is the last time you talked to the prosecutor?

  80. SM says:

    An arrest was never made. I was called in for voluntary questioning, cooperated, and the investigation has been on-going ever since. No charges have been brought against me, and I have not heard anything from the prosecution at all, and have heard nothing from the detective in four years nearly to the day.

  81. NCCM(Ret) says:

    SM,

    If you feel this may rear it’s ugly head in the future, I highly recommend that you get a letter from the prosecutor stating the the case is closed and no charges will be brought – then you should be able to process without issue.

    What in the world do they think you may have done that it is still an issue four years later? Isn’t there a statue of limitations?

  82. SM says:

    Thank you for the response, I really appreciate it. I was thinking the same and thought I would look for a second opinion from an expert.

    I wrote a research paper in my Master’s program on an extremely taboo subject. The research is the problem, causing the launch of an investigation by the DHS who turned it over to local authorities.. My research was professional and academic and I have witnesses and a paper trail. The statute is 3 years; however, other conditions do apply and I believe that is why this case is still under investigation.

  83. NCCM(Ret) says:

    SM,

    I hope it works out for you – and I hope the paper received an “A”!

  84. SM says:

    Thank you, I’ll be glad when this mess is over. And I received a 100%

  85. melody says:

    Hi, i have a son that is 17 now but when he was 15 he was charged with a TT (terrorist threat )he got into a fight with friend over a girl and told the boy he would kill him does this disqualify him from enlisting? If so what can we do?? This is his dream
    .

  86. NCCM(Ret) says:

    Melody,

    His court records would have to be reviewed, and if the Navy determines it to be a Major Misconduct Offense, then I am afraid he may have to wait until they start processing waivers of that type again.

  87. melody says:

    Thanks for taking the time to answer my question. How can i find out when they are taking waivers for that again?

  88. NCCM(Ret) says:

    Melody,

    I suggest seeing a recruiter and keeping in contact – I also will of course will write a post when the time comes. It could be a few months or a couple of years; it will hinge on the economy.

  89. Dwight says:

    I was charge with a sex office when i was 13 its a felony. Im 25 now and never been in any more trouble sceens then besidss some small travic violations that have all been taking care of. Is there anyway i can get in the navy or any branch or anything i can do to better my chances?

  90. NCCM(Ret) says:

    Dwight,

    Your court records will have to be reviewed. The age at which the offense occurred is irrelevant.

    Mandatory rejections, no waivers authorized, include; Those 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.

  91. Joe P says:

    A question, does any of this sound eligible for a waiver? Just over a year ago I was summonsed to court for theft by possession of stolen property class C felony due to the equipment original price over $1000.00. After a long court battle I settled with a lesser charge if class e misdemeanor valued under $500.00 to be dismissed after community service. I finished my service very early and my case was dismissed. I recently tried to gain entrance in the army casping as e4 from 7 years experience as a paramedic, I was denied entrance after attempting for a waiver due to new army regs. Being unwaiverable for 24 months, my background check came up with no record of any issues although I was honest with my one mishap and haveI never had any legal mishap before then or after. Would this be waiverable in the US Navy?

  92. NCCM(Ret) says:

    Joe P.,

    Anytime a person is initially charged with a felony that is later reduced the court record for the charge would have to be reviewed by the legal department. The fact that the case was dismissed after community service means a waiver at some level will be required – legal will determine the level.

    Your charge may not have came up at the first cursory check, but I assure you it will come up when the deeper check is done.

  93. rico says:

    hi I threw two pencils at my teacher wen I was 16 and they hit him in the stomach. he pressed charges and I was convicted with a class 6 misdemeanor aggr assault. I talked to the recruiter and he said it would have to go to the commanding officer then it had to go to legal. now they have to process the waiver as a felony and it has to go to the admiral. this is the only thing ever on my record. how good are my chances.

  94. NCCM(Ret) says:

    Rico,

    If the commanding officer of the local recruiting district forwards the waiver, then you have a good shot at approval, but waivers that require that level of consideration have not been entertained.

  95. Rico says:

    how good are my chances of getting a waiver. I threw a pencil when I was sixteen at my teAchers chest and he pressed charges. I got an aggr assault. I told the recruiter and he made a waiver. it went to the commanding officer and he signed it. then it went to law. they said it has to be resent as a felony waiver instead of the highest misdemeanor waiver. now it has to go to the admiral

  96. Rico says:

    you think they will take into consideration that I finished highschool early went to college and never got in any trouble since? also that it was just a pencil out of all things that I flicked. I told him I overreacted to the whole situaton and I’m sorry. I also scored an 87 on the Asvab. does that help?. thanks I’m just so nervous because all my family says it doesn’t look good and make a back up plan

  97. NCCM(Ret) says:

    Rico,

    Asked and answered.

  98. darwin says:

    Hello,I wanted to know if there is a waiver for an expunged record. I served about 3 months and paid fines and fees and so far I am clear and it’s been 7 years.

  99. NCCM(Ret) says:

    Darwin,

    Having a charge expunged does not remove the requirement that it be considered for a waiver if it required one. The amount of time that passed since the charge is also irrelevant.

  100. Anton says:

    I was charged with burglary at the age of 16 I’m 18 now when charged It was supervisory cautioned I didn’t have to pay any fines or do community service or do probation I never even seen a judge my recruiter is currently working on a waiver form for me and will send it up on monday I really want to join the navy I strongly believe it will better my situation and keep me out of trouble is there anything I could possibly do to be accepted in?

    P.S. I went through meps and signed my contract my finger prints came back and my charge came up I was told I was given a warning after the charge so I didn’t think it was on my record until it came up but my recruiter was well informed about the entire situation prior to me going to meps

  101. NCCM(Ret) says:

    Anton,

    If the recruiter is taking the time to prepare a waiver, then you have a chance for approval, but the fact that the charge was not listed in your original documentation when you entered the DEP may make it more difficult. Even if your recruiter advised you not to say anything, you were asked directly at the MEPS about past police involvement with a ton of warnings about withholding the information.

    I do wish more people would get the message that if the police pulled you over and arrested, charged or cited you, there is a record somewhere of that incident, and it will come up in a background check even if only a warning was given or the charge was later expunged or dropped.

  102. Anton says:

    Thank you I really appreciate it it lessens some of the worry and yea I realize that now that I should have said sumthin but I thought it was a warning n nothing more but since my recruiter is Doin the waiver I’m gonna get recommendation letters from my old teachers n hopefully that along with the rest of the paperwork helps

  103. John says:

    Approximately 4 years ago I was arrested for racing on a highway (class b misdemeanor) and unlawful carry of a weapon (class a misdemeanor). As part of my plea agreement, the class b was dropped and the class a was dropped upon completion of deferred adjudication (in other words, convicted). Assuming I’m otherwise well qualified, would this stop me from pursuing a Navy special warfare career?

  104. NCCM(Ret) says:

    John,

    A waiver is possible.

  105. Trey says:

    Hello , I am interested in joing the Army National Guard , I have a Possession of marijuana charge on my record from 2010 in witch the charge was put on to a stet , the stet has been closed as of this year so my question is would I need a good moral waiver to enlist ?

  106. NCCM(Ret) says:

    Trey,

    Yes, because you were adversely adjudicated for the crime, you require a waiver.

  107. kevin says:

    hi in the year 2008 i was charged with asult with a deadly wepon (felony) and vandlism (mistamenor im am now a senior in high school im going to turn 18 i havent been introuble since.i want to join the navy or the airforce

    i live in san diego and i went to pick up my juevenil record and it actualys say that i dont have a record

    it just says i had a closed casa with juvenili probation deparment

    i never went to court, or hand cuffed or even got fingered printed

    is it possible i can get a waiver?

  108. kevin says:

    also i got 6 months of un supervise probation.i had to complete a classs that was just a couplle of hours

  109. NCCM(Ret) says:

    Kevin,

    You require a waiver for the Major Misconduct and Misconduct Offenses. Your waiver will have to go to the Commander, Navy Recruiting Command for consideration (or the Air Force equivalent). I suggest that when you do start your processing that you do not minimalize your issue. Because you were adversely adjudicated for those two charges, you were guilty of those two charges — when the military does its background investigation, those charges will show up. Be prepared to tell which ever branch you are able to process for what you learned from the experience — hopefully you have remorse for your actions; don’t trivialize them.

  110. Sean says:

    Sir,

    I recently requested my rap sheet from the DOJ of California and found that it incorrectly contains a conviction for a felony offense. It also lists an FBI number, which I assume indicates that I am in some database with them as well.

    I have the necessary documentation to correct these inaccuracies but which records should I focus on correcting first in order to get into the Navy? What records does the Navy check in the background screening?

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