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Felonies and Very Serious Misdemeanors

Major Misconduct Offenses

Written by
Published: May 23, 2010
Updated: February 12, 2019

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.
Carjacking.
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.



780 Responses to “Major Misconduct Offenses”


  1. Mohammad says:

    Hi,
    If I was charged with 2nd degree robbery and 3rd degree robbery in the same arrest does that count as one or two major misconducts

  2. NCCM(Ret) says:

    Mohammad,

    If both charges stemmed from the same, single conscious action, they could then be grouped, but it is highly unlikely two robbery offenses stemmed from the same conscious action. For example, if a person goes into a store and steals a pair of pants and a shirt, and the police charge the person with two counts of shoplifting, those would be considered two offenses that cannot be grouped into a single offense because picking up the pants was one action, and picking up the shirt was a separate action. Now, if for another example, a person was speeding down the highway at a high rate of speed, and gets pulled over and the police deliver a speeding charge AND and reckless driving charge born from the same speeding incident, those could be grouped because they were due to a single conscious action. Hope that makes sense.

  3. Daniel says:

    I had a quick question, I have a class B misdemeanor for disorderly conduct with a firearm in a residential area, this was my only offense and was from about 13-14 years ago, I had a successful deferred adjudication completed my probation and all classes and whatnot back then. I’m 37 I have an associates degree for mechanical engineering technology, and I’m finishing up my bachelors degree now for mechanical engineering. So I’m curious if I have a shot at joining the Navy reserves or will that offense make me ineligible?

  4. NCCM(Ret) says:

    Daniel,

    It may be possible. I recommend you discuss the case with your recruiter.

  5. Jake says:

    I was charged with a second degree criminal sexual conduct when I was 12 years old. I was not required to register as a sex offender. This was done in juvenile court. Does this automatically disqualify me?

  6. NCCM(Ret) says:

    Jake,

    Any adversely adjudicated sex related crime, no matter at what age it was committed, renders you ineligible for military service — no waivers authorized.

  7. Andy says:

    When I was 19 I was foolish and made a few fake 1 dollar Bills because I thought it would be fun. But my friend got a hold of them and got arrested spending them. Then the secret service came to me 6 months later. They knew I was a good kid but they still had to charge me but they sent me to pretrial intervention and it was expunged. And all I’ve ever wanted to do is be a navy diver. I’m now 25 and I have always had the purest intentions. Would I have a chance to tell my story?

  8. NCCM(Ret) says:

    Andy,

    For otherwise exceptional applicants, the Navy may now consider a single prior felony offense committed as an adult. I recommend you contact a local recruiter to see if you may be able to process.

  9. Taylor says:

    I am currently 24 years old, have an associates degree and I am pursuing my bachelors in education. When I was 13 years old I was arrested for possession of adderall which was found in my locker during a routine search. The police report states this was my first time to ever have drugs in my possession and I was never formally charged in court just the report taken, fingerprinted and had to be picked up by my mom. I have had no other drug related charges or arrests since that time. Will this require a waiver because I was arrested at all or because I was not charged a waiver is not needed?

  10. NCCM(Ret) says:

    Taylor,

    You would require a waiver.

  11. Watson says:

    I was charged Battery 242pc wobbler at 16, and 2 burglary charge 459pc. At 17. I was a follower and didn’t realize I was messing up my life and chances into the military. Would I qualify for a waiver. Also spent less than 20 days in Juvenile Hall.

  12. NCCM(Ret) says:

    Watson,

    I think waiver consideration would be unlikely.

  13. Nicholas says:

    I have been charged with domestic violence twice and both times it was dropped I have also been charged with assault but that was also dropped I have been convicted of interfering with 911 phone call and disorderly conduct is there a chance I can get waiver or am I disqualified from military service?

  14. NCCM(Ret) says:

    Nicholas,

    I wish I had a direct answer for you, but as with all DV related cases, all of the police and court records must first be reviewed. I recommend contacting a recruiter so they can gather the proper paperwork for review.

  15. Sebastian says:

    I have an assualt and robbery charge that was dropped to a misdomenor petty theft and 1 felony grand larceny and 1 felony grand theft (separate incident). Those charges were dropped to misdomenor grand theft.

    My asvab score is 81 and I have a B.S. in kinesiology.

    Are 2 major misconducts going to bar me?

  16. NCCM(Ret) says:

    Sebastian,

    Yes.

  17. Sebastian says:

    To add on to my previous reply, what about the army national guard? I talked to a recruiter today (army and navy) and both denied me.

  18. NCCM(Ret) says:

    Sebastian,

    I am not familiar with what the Army NG might consider. I assume the answer would be the same as the active duty Army, but you would have to ask them.

  19. Terence [Last name redacted for privacy] says:

    Hi,

    I just submitted for a legal waiver, for felony grand larceny as a minor ( i did juvenile diversion, non adjudicated and expunged) (1 Major Misconduct) and it was denied by CNRC. Is there any process to try an appeal this decision?

  20. NCCM(Ret) says:

    Terence,

    There is no appeal process to follow. If it was to be reconsidered, it is usually after the passage of more time with an improvement to one’s ASVAB score and a demonstration of continued improvement in all other facets (at work, possible continuation of education, community service, etc.).

  21. Anthony [Last name redacted for privacy] says:

    I was convicted of Attempted Theft, 2 counts of Evading, 2 reckless driving, and reckless Endangerment for a single event as well as Forgery. No drug or alcohol use. I also have a joyriding charge. Will that disqualify me?

  22. NCCM(Ret) says:

    Anthony,

    Based on the number of adversely adjudicated offenses, you are not eligible for waiver consideration.

  23. David says:

    When I was 16, I was reckless and immature and decided to make a joke that my school took as a threat. I then had to complete a year of pretrial diversion for an attempted terroristic threat. I am 18 now and have been doing well academically and have scored an 82 on the ASVAB. What is the likely hood that I would be able to get a waiver?

  24. Not saying my name says:

    recruiter told me not to say anything about a non convicted harassment hate crime i received. It was a misdemeanor and was expunged. It didn’t come back on my prints. What do I do?

  25. NCCM(Ret) says:

    Not saying my name,

    You ensure the offense is listed not only because it is the right thing to do, but the cursory checks you or your recruiter can do are nowhere near as thorough as the NBIB T-3 investigation you will endure. And, keep in mind, if the recruiter is as unscrupulous as to tell you to withhold something, he/she will, of course, tell the investigators that you lied to him/her when asked the question. And, you won’t have any ground to stand on because it is your signature on the enlistment documents swearing you told the truth.

  26. NCCM(Ret) says:

    David,

    Those are tough. Any offense that occurred while at school can be tough because of appearances. Your chances will depend on the police and court records, and your handwritten statement. If not allowed to process now, I recommend contacting a recruiter now to explore your chances, then I would recommend trying again after a couple of more years pass without any further incidents.

  27. Omar says:

    I was convicted of Petty Theft in 2005, the charges were dismissed in 2006. In 2013, I was convicted of PC 242 (a) Battery. The charges were dismissed in 2016. Will I be able to join the Navy?

    Thank you for your time and attention.

  28. NCCM(Ret) says:

    Omar,

    If otherwise fully qualified, a conduct waiver could be considered.

  29. Dee says:

    Hello Sir,
    I have one misdemeanor charge. I was charged with Indecent Exposure and took a plea bargain for dissorderly conduct. My second charge is for grand theft firearm and it will be dismissed soon for doing a diversion program. I am earning my associates degree at the end of FALL 2020. can you please give me any information for the outcome of my charges. I am thinking about joining the army national guard or navy.

  30. NCCM(Ret) says:

    Dee,

    I have no idea how the Nation Guard may view and consider your offenses. A waiver for the Navy would be unlikely.

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Unless otherwise noted, content written by Thomas Goering, NCCM USN(RET).

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