Serious Misdemeanors

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43 Responses to “Misconduct Offenses”

1. Kevin says:

   July 22, 2011 at 11:35 pm

   If an individual has had charges dropped from 6 felonies, and then pleas guilty to 3 misdemeanors instead; including that these offenses all happened within the same occurence, will these misdemeanor convictions be treated as Major misconducts or simply misconducts? Thank you.
2. NCCM(ret) says:

   July 23, 2011 at 6:48 am

   Kevin,

   In such a case, the legal department at Navy Recruiting Command will review the court documents to make a specific ruling based on the circumstances.
3. steph says:

   September 11, 2011 at 12:15 am

   I’m confused. I got a charge for resisting arrest without violence and the charge is still pending. I am waiting to see if they get dropped or not. I want to enlist how does this affect me?
4. NCCM(ret) says:

   September 11, 2011 at 12:28 am

   Steph,

   To process for enlistment, you can have no charges pending, nor can you be on probation, have unpaid fines, or any other condition required by the court still unresolved.
5. Tyler says:

   October 17, 2011 at 6:18 pm

   Okay. I have a question well several actually. I have three charges on my record for petty theft. I want to enlist. The last charge will be dismissed in the next couple of months but with conditions. Will that still count? Also what are my chances for having a waiver approved or disapproved. Most of all…What can I do to increase my chances of having the waiver approved. Thanks.
   Tyler
6. NCCM(ret) says:

   October 17, 2011 at 6:33 pm

   Tyler,

   Yes, a charged that is dismissed because you completed some condition placed on you by the court is just like any other guilty finding and would be considered in the waiver matrix. You have three misconduct offenses which requires a waiver from the Commander, Navy Recruiting Command – currently, there is a moratorium on such waivers receiving consideration by Navy Recruiting Command.
7. Brett says:

   November 9, 2011 at 8:52 am

   Tyler,
   I had a charge of possession of marjuana when I was 17 that was dismissed with”conditions”, when I was 18 I got another charge for it and pleaded guilty and paid court fees. I’m 25 now, graduated Honors with an Engineering Degree, have Licenses in Health Insurance and Commercial Contracting in 3 states each. I am getting letters of recommendation from my districts congressman and judge. I’ve obviously turned my life around. So my questions are 1. Do u think I can go in as an officer? Go in enlisted? How do I retrieve my waivers needed? If I can go in as an officer, then what all do I need to do?
8. NCCM(ret) says:

   November 9, 2011 at 10:17 am

   Brett,

   If your second charge was dismissed because you completed a requirement by the court, then it is not a dismissed charge in the eyes of the waiver authority. That said, your would need to contact your local Officer recruiter – waivers for certain designators may be more likely than for others, I have no way of knowing the specifics as they change regularly for officer recruiting. Just keep in mind, you will be competing with a large number of people with similar credentials that have not been previously arrested.

   For enlisted programs, and only pursue this after you have talked to an actual officer recruiter, you may have a chance as long as the local wavier authority has not placed a moratorium on enlistment drug waivers.
9. Stephen says:

   November 17, 2011 at 7:33 am

   Brett,

   I was charged at 19 for driving while visibly impaired and like Tyler have since turned my life around. Come a year from now I will graduate with a degree in International Relations and a specialization in Conflict Management, with a senior thesis focusing on the utilization of naval assets in asymmetric warfare. In such a highly specialized area, with a letter of recommendation from Senator Carl Levin (Senate Armed Services Committee Head) and other dignatories, plentiful community involvement outside of court order, various recognitions and honors, would there be any chance,after five years of no police encounters, of seeing my dream of being an officer become a reality? This means the world to me and I have only recently discovered the waiver process and am completely discouraged by what seem like overwhelming odds.
10. NCCM(ret) says:

    November 17, 2011 at 8:10 am

    Stephen,

    Being a year away from graduation, I suggest you make contact now with the officer recruiter – he can guide you further as to what you may be able to do for the specific designator for which you may be applying.
11. Big Poppa says:

    November 27, 2011 at 2:20 pm

    Ok I dont get it. I have a bad juvenile record (nothin super serious). I have a terroristic threatening charge and I pissed dirty twice for Marijuana while I was in Juvenile drugcourt. The terroristic threatening brought me to court(thats when I was drug tested and failed for weed)…Which put me in drug court. Later in juvenile drug court I failed a test for weed again. Ok…CAN I GET A WAIVER FOR THIS STUFF??????(I want to join the Navy.)
12. NCCM(ret) says:

    November 27, 2011 at 2:42 pm

    Big Poppa,

    A terrorist threat charge requires a Major Misconduct waiver – currently, Major Misconduct waivers are not being considered.
13. Ben says:

    November 28, 2011 at 4:42 pm

    Ok im looking to join the navy I tried to join the marines right out of high school. I took the asvab and went to meps where i passed everything except i have a “self inflicted brand/burn on my right arm. This was done because me and 3 best friends were going into the service. they have the same brand on their arm as me only difference is they did it after meps where i had not. We were drunk but i was told by my recruiter that i should leave out the drinking when relaying the story at meps. So without drinking the story was hard to tell and basically they considered it sedlf inflicted. i went to phsyc where i got a 3 on my phsyc that disqualified me from enter the marines. I also was arrested and convicted of fleeing and evading on foot (2nd degree) and posession of marijuana. Ive taken the asvab twice got a 71 first and 79 second. to me 1 20minute phsyc eval isnt enough to determine my mental state of mind. I have since then gotten life and health insurance licenses and have worked at a union warehouse. Can i enlist and will i have to be re phsyc evaluated and is it possible to do this. It has always been my dream to serve and i feel it was stolen from me then. do i have a realistic chance of becoming a service member
14. NCCM(ret) says:

    November 28, 2011 at 6:18 pm

    Ben,

    For the police involvement, you would be eligible for waiver consideration as long as the local command is processing possession charges (as you may have read in this blog, many instances are arising – in my email, too, that most commands are not currently entertaining them) – but, you need to get medically qualified before any of that matters. If the local command does have a moratorium on drug possession waivers, do not expect the recruiter to assist in submitting additional documents that may be required until the moratorium is lifted. (this is for the Navy, other branches, including the National Guard, may still be processing such waivers).

    The medical question would be better asked to NavyDoc in the medical waiver section of the site – http://www.navycs.com/blogs/2009/09/17/navy-recruiting-medical-waiver-process
15. Mike says:

    December 23, 2011 at 1:28 am

    My son and his friend were at the Mall when he was 12 yo, and they were stopped by security for shoplifting. ( $30 combined merchandise)They were offered a diversion/informal hearing. I had to pay restitution and my son and I attended an hour long diversion class.After the requirements for diversion was met, they told my son his case would be sealed and he would have no criminal record. I would like to know, since this was his only infraction, would this prevent him from getting into the Navy ? If so would it be hard getting a waiver for this juvenile offense ?
16. NCCM(ret) says:

    December 23, 2011 at 8:41 am

    Mike,

    His charge can receive waiver consideration. Whether or not a waiver is granted would be based on a number of factors such as his ASVAB test score, level of education, references, the crime, how he would conduct himself in the waiver interview, etc.
17. Dylan Menefee says:

    January 26, 2012 at 12:40 pm

    Ok I have a question the recruiters in my area won’t answer me straight.
    What I want more then anything I to serve my country but what’s holding me back are 3 Stets I received back in may of 2010. One was destruction of property under 500. Rogue and vagabond and theft under 1000 but was valued for 300 which counts as a mid indict. What would I need to do to ensure enlistment
18. NCCM(ret) says:

    January 26, 2012 at 2:34 pm

    Dylan,

    You have at least two Misconduct Offenses, the question is what would the Rouge/Vagabond charge be considered – if it is also charted as a Misconduct Offense, then you would require a waiver by the Admiral, and currently, those waivers are not being considered.

    In trying to ascertain your disposition, you should ask about how they are charting each charge, and furthermore, make sure their district is processing waivers at the level you would require (if not a waiver that needs to go to the Admiral – that is a nationwide moratorium).
19. joe says:

    January 26, 2012 at 6:22 pm

    I am 19 years old and a freshman in college. I have a 3.1 GPA in Biology. I recently got charged with possession of marijuana and drug paraphernalia, as a misdemeanor. This is my first offense. Before this I planned on enlisting in the navy to become a SEAL medic. Can I still become a SEAL? And is there anything i can do that would better my chances?
20. NCCM(ret) says:

    January 26, 2012 at 9:55 pm

    Joe,

    An adverse adjudication for a drug abuse offense, like possession of marijuana, renders you ineligible for the Special Warfare programs – no waivers are authorized.
21. Karen says:

    January 27, 2012 at 1:26 pm

    Karen,
    I am 17 years old and i made a huge stupid mistake and was charged with a misdemeanor of vandalism. i am on probation for two years but my probation only requires me to report to my p.o once like every 2 months. would i still be eligible for the marines once i have completed my probation?
22. NCCM(ret) says:

    January 27, 2012 at 3:00 pm

    Karen,

    Normally, misdemeanor charges don’t have sentences that carry longer than one year, but if it is considered a misconduct offense for waiver purposes, and not a Major Misconduct, then you should be ok (of course the circumstances will matter and be considered by the waiver authority).
23. Shannon says:

    March 5, 2012 at 5:09 pm

    If you have a pending felony that will then be taken off record by drug court would I still maybe be eligible..?
24. NCCM(ret) says:

    March 5, 2012 at 6:12 pm

    Shannon,

    If you have to complete a requirement mandated by the court; pay a fine, serve a probationary period, apologize, complete court ordered community service, or anything; then for waiver purposes, you require a waiver.
25. Shannon says:

    March 5, 2012 at 10:14 pm

    Ok, thank you.
26. Sean says:

    March 9, 2012 at 8:19 pm

    Seven years ago (when I was 19) I had two misconduct offenses (shoplifting and paraphanelia) one of which was a pre-trial diversion and one of which was subsequently sealed and expunged (which I realize does not change their misconduct status.

    Three years ago I was cited for a NT (drinking in public).

    How many waivers would I require and would they preclude me from enlistment as a HM corpsman or HM FMF? I am currently a Paramedic Intern in the State of California.
27. NCCM(ret) says:

    March 9, 2012 at 8:42 pm

    Sean,

    The drug paraphernalia charge renders you ineligible for the Hospital Corpsman (HM) rating; likewise, the alcohol abuse offense would also, separately, render you ineligible for HM – no waivers are authorized.

    Sailors in the HM rating can go to the Fleet Marine Force (FMF), it is not a separate rating that you enlist into.
28. kyle says:

    March 9, 2012 at 10:18 pm

    i have a drug possesion and paraphernalia charge and would like to be a master at arms whats the probability that i could get a waiver for that?
29. NCCM(ret) says:

    March 9, 2012 at 11:05 pm

    Kyle,

    With a drug abuse charge, you are ineligible for the Master at Arms (MA) rating – no waivers are authorized.
30. kyle says:

    March 10, 2012 at 11:17 am

    alright that sucks but thanks. what are the chances i can get in with the charges i have?
31. NCCM(ret) says:

    March 10, 2012 at 3:58 pm

    Kyle,

    Although you would be eligible for enlistment waiver consideration, I think because of the current recruiting environment being very selective, you will have a difficult time receiving permission to process. That said, go see your local recruiter for a more specific answer.
32. kyle says:

    March 10, 2012 at 8:36 pm

    thank you for your help n i have been talking to a recruiter i was just looking for another input on my situation.
33. Ryan says:

    March 22, 2012 at 2:03 pm

    I’m in college now, and last semester I stupidly got involved in some fraternity hazing situations where I filmed a friend stealing something. We both ended up getting caught and arrested, fingerprinted and the whole nine yards. The charge was for Grand Larceny, which is obviously a felony. However, the case was completely dismissed without any adverse adjudication or stipulations. The judge basically told us to just get out of her courtroom. Will I require a waiver for this? I called a recruiter and he said I would but that contradicts a lot of the information I’ve read on this site and others. Also, I would like to get an SO contract; will this effect me getting one of those?
34. NCCM(ret) says:

    March 22, 2012 at 2:38 pm

    Ryan,

    Clearly, the courts record would have to be read, but if the charge was dropped unconditionally, you would not require a program nor enlistment waiver.
35. Ryan says:

    March 22, 2012 at 6:30 pm

    Thank you so much for taking the time sir.
36. Carl says:

    April 5, 2012 at 1:07 pm

    I have three questions. I have a misconduct offense misdemeanor Battery its not domestic, and I have 4 dependents. Both of them needing waivers, how likely am I going to be approved for them?. I have 3 daughters and A wife, two of my girls are from a past relationship and im paying child support, they stay in a different state from me.
37. NCCM(ret) says:

    April 5, 2012 at 2:59 pm

    Carl,

    The moral waiver, if processed, will depend on the circumstances of the crime, your ASVAB scores, education, work history, etc; your battery charge would be considered by the local commanding officer for approval.

    If you dependency waiver is processed, it will depend on your debt to income ratio based on service pay vs in-service expenses; your dependency waiver would be considered by the Commander, Navy Recruiting Command (the Admiral) for approval based on your debt to income ratio and the recommendation of your local commanding officer.
38. Jack says:

    April 7, 2012 at 1:30 am

    I got in a fight with my mom when I was 16 and it was dismissed or cwof shortly thereafter. The charge is simple domestic a&b. I am 24 now. How is my moral eligibility impacted?
39. NCCM(ret) says:

    April 7, 2012 at 6:40 am

    Jack,

    Because it is considered to be a domestic violence offence, your court records will have to be reviewed by the service’s recruiting command legal department to determine eligibility and potential waiver authority.
40. Barbara J. says:

    April 13, 2012 at 4:45 pm

    My grandson is applying to The Navy. As a juvenile(16 ) he was arrested for attempt robbery. Although he was acting as a so-called lookout he is still culpable. He confessed and was given probation. However, when he moved out of state to live with me, the judge decided to drop his probation and apparently charges were dropped. The Navy recruiter is requesting that he (grandson) get all his records about the case and his high school records also. Is this a normal process? I thought the recruiters handled `all this.
41. NCCM(ret) says:

    April 13, 2012 at 5:11 pm

    Barbara,

    It is the recruiter’s responsibility to get any and all court records; as a matter of fact, the recruiter, by instruction, cannot accept court records obtained by the applicant. That said, the records must be retrieved, and a waiver will have to be pursued if eligible for one. The fact that the charges were dropped after he was given probation means he is guilty of the charge for military waiver purposes.
42. Chris says:

    May 11, 2012 at 5:56 pm

    Hello,

    I am 23 years old and I recently got arrested and charged with •796.07-2E $ – ASSGN/OFFER/COM/ENGA/PROST/1ST
    •796.07-2G ! – RESIDE N PLC 2COMMIT PROS/1ST

    Basically its solication for prostitution. Can I still enter the NAVY even if I already swore in?

    This is my first offense ever committing a crime :(
43. NCCM(Ret) says:

    May 11, 2012 at 6:59 pm

    Chris,

    Whether or not the local commanding officer approves your waiver will depend on many things, i.e., your ASVAB, education, etc.

    If you are in the DEP, it could go either way; they will look at your participation in the DEP and a number of other factors; but getting arrested while in the DEP is not good – don’t be surprised if you are discharged.