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Felonies and Very Serious Misdemeanors

Major Misconduct Offenses

Updated: November 2, 2015

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

An offense is classified a Major Misconduct 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 arrest that is adversely adjudicated as a lesser offense classification shall be considered a Major Misconduct Offense for enlistment waiver purposes. If a charge listed below was classified as something lesser than a felony by the state, it will still be considered a Major Misconduct Offense for Conduct 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; subornation 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.



694 Responses to “Major Misconduct Offenses”


  1. Worried says:

    NCCM,

    Is there a link available for that waiver? The reason I initially thought it would be Major Misconduct is because of the line “Narcotics, or habit forming drugs; wrongful possession or use. (marijuana not included)” Thanks again.

  2. NCCM(Ret) says:

    Worried,

    To the waiver requirement, the manual and experience are my guide. My article on drug use waivers can be found on this page — I do not go into the specifics on that page. Based on your description of the uses you provided, you do not require a Conduct waiver for them; just a Drug Abuse waiver at the local commanding officer level (all drug abuse waivers are now considered at the local level per Change 1 of the latest instruction release — May 2017).

    If a waiver is considered and approved, the waiver will be a factor considered by the designator board you are applying.

  3. Louie says:

    When I was 15 or 16 I got arrested for vandalism for braking windows and it was a misdemeanor and got diversion but then a couple months later I got arrested for burglary but it was also a misdemeanor. And was put on probation for a couple of months. Then after serving the probation both my cases were sealed. Am I still going to need a waiver? or will I not be able to enlist. I am turning 19 in August and I would like to enlist around that time

  4. NCCM(Ret) says:

    Louie,

    As you know from reading the moral waiver guide, having a charge sealed is irrelevant. You require a Conduct waiver for your charges. The burglary charge is a Major Misconduct Offense, and whether or not you are eligible for waiver consideration will depend on many factors such as how may counts you were given for the vandalism arrest, your ASVAB score, education level, etc.

  5. CJ says:

    When i was 17 I was arrested for theft by receiving stolen property felony, I took the officers to the stolen property and when i went to court my lawyer presented some research we had done and the judge decided to drop the charger to a misdemeanor. Im now 19 and im wondering what would be the chances of my getting my moral waiver approved? I am working with a recruiter and he wants me to take the asvab before he process my waiver. I made a 46 on the practice test.

  6. NCCM(Ret) says:

    CJ.,

    Because your charge was reduced from a felony, all the police and court records must be reviewed by CNRC legal. If it was reduced as a result of a plea, or if CNRC legal determines the charge maintains its status as a Major Misconduct Offense, then you would require a CNRC waiver. Although possible to obtain the waiver from CNRC, most commands won’t submit it when you have less than a 50QT on the ASVAB. I recommend honing your basic skills. The better your score the better your chances.

  7. CJ says:

    Im set to take the real test soon and no my reduction wasnt part of a plea deal. My plea deal was 5 years probation but my lawyer did research on the incident and got me 6 months of pronation

  8. Drew says:

    I have a child that was 11 or 12 and was charged molesting someone younger. They were given a felony. Would this completely disqualify them?

  9. NCCM(Ret) says:

    Drew,

    The law concerning sexual offenses does not draw a distinction between a juvenile or adult offender. It would disqualify the person.

  10. Kota says:

    I have a question I got in trouble 7 years ago for 3rd party criminal Sale of substance in the 5th degree its the only time I have ever been in trouble is there any waiver for that to inlist or am I permitly DQ

  11. NCCM(Ret) says:

    Kota,

    Any adversely adjudicated drug offense that has anything to do with trafficking is disqualifying — no waiver authorized.

  12. Donna [Lastr name redacted for privacy] says:

    My son will be 23 in 2/18…he has been incarcerated since he was 18. Prior to conviction he wanted to join the Marines, still does. He has a juvenile record, and an adult record. These are his adult charges…CDS/manufacture,distribute,dispense/3; Assault/aggravated/3; then he was released on ISP and violated with this Drug-para defraud, cond of crimoff; and in halfway for smoking a cigarette violation of assault shows again because that is what he was on probation for. Understanding these are all bad, when or if they researched his records and court documents would there be a slim possibility a waiver would be considered?

  13. NCCM(Ret) says:

    Donna,

    Any adversely adjudicated drug trafficking related offense renders an applicant ineligible for military service. No waivers are authorized.

  14. Travis says:

    I was 18 and tried to enlist but didn’t own up to my fault on the situation.
    I had passed a forged check and it was not a conviction but was a deffered adjudication probation sentence completed I would like to know if I am able to retry. Due to Trump beefing up our military if you have any insight I would love to know how I am able to go about it or whether to try or not

  15. NCCM(Ret) says:

    Travis,

    If your charge was considered a Major Misconduct Offense, a conduct waiver is not currently possible for the Navy — whether the other services are considering them, you’d have to ask them.

  16. Hopeful says:

    Hi,

    My husband is hoping to enlist but had a juvenile arrest for sexual battery. He was at high school hanging out in a group between classes and they, all minors and he one of the youngest at 15, got a little handsy with each other. He touched a girl briefly and she did not appreciate it, so she went to faculty and a few weeks later, he was arrested. He served no jail time, and after writing a letter of apology, his case was dismissed and record expunged. He has informed his recruiter and is willing to be completely honest about the situation. Do you think he may be eligible for a waiver?

  17. NCCM(Ret) says:

    Hopeful,

    There is no waiver authorized for any adversely adjudicated sex related crime.

  18. AtHighEnlistmentInterest. says:

    Hey, when i was 18 yrs. old in Hawaii I committed a Sexual Assault 4th class B “Misdemeanor”. Knowingly revealing my genitals to a nurse in a hospital causing her to report it 12 hrs later. convicted at age 21. I really want to enlist after probation and realized if qualified (as a 22 yr old male high school graduate 5’10” 220 pounds healthy lean build) i would need a waiver. Would you think i would be able to enlist? and if so, how and what branch or branches of the military would there be a chance?

  19. NCCM(Ret) says:

    AtHighEnlistmentInterest,

    Adverse adjudication for any sex related crime will render you ineligible for military service. No waivers are authorized.

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