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Felonies and Very Serious Misdemeanors Pg-8

Major Misconduct Offenses

Updated: November 2, 2015

694 Responses to “Major Misconduct Offenses”


  1. NCCM(Ret) says:

    Mac,

    The Navy is not considering any Conduct Waivers for Major Misconduct Offenses at this time. Currently, there is no timeline that I am aware of for reinstituting that level of waiver.

  2. Mac says:

    Ok thanks so it’s the major misconduct that’s a haunt until any branch decides there’s a higher demand for recruits correct sir!!!

  3. Baker says:

    I recently was told by my recruiter that I might have to apply for a waiver, I received 15 traffic tickets. I’m on hold with my recruiter right now and am waiting for them to contact me with more information on what to do next. But they told me there is a chance that I can be denied any chance of joining the Navy…is there anyway around this so I can get in?

  4. NCCM(Ret) says:

    Baker,

    With 15 traffic tickets (not equipment tickets such as a tail light out), you will require a CNRC waiver — a waiver is possible as long as you are otherwise fully qualified (high ASVAB, good education, work history, etc.). There is no way around it.

    I have seen waivers disapproved for excessive traffic violations before — to have that many shows a blatant disrespect for the law and authority. One thing for sure, you better figure out a way to explain in a believable way that you are a reformed person. If your first thought after reading that was, “heck, they are just traffic tickets”, then you are not ready to join the military.

  5. dominique says:

    Possession of a firearm 11 yrs ago. Do i disqualify to go into the military or get a waiver?

  6. NCCM(Ret) says:

    Dominique,

    If originally charged as a felony, or if the possession of the firearm was on school grounds, then it would be considered a Major Misconduct Offense — currently, Major Misconduct Offenses are not being considered no matter how long ago they occurred. Otherwise, a Conduct Waiver is possible.

  7. ki says:

    I have a question my son in law who has a armed robbery first degree with a weapons charge and kidnapping charge claims the military will except him. I don’t recall what branch. He is now 25 anf was 18 when he went to prison for a year and can never own or come in contact with any gun.

  8. NCCM(Ret) says:

    Ki,

    His charges exceed what the Department of Defense would allow for a Conduct Waiver. He is not eligible based on the type and number charges you have listed.

  9. Colt says:

    Hey, I got charged with attempted theft of firearms when i was 13 which is classified as a class A misdemoner. I am 17 now, would I be eligible to enlist?

  10. NCCM(Ret) says:

    Colt,

    If the value of the firearms were greater than $500 in total, then the offense would be considered a Major Misconduct Offense — currently, waivers for Major Misconduct Offenses are not being considered.

  11. Keller says:

    NCCM(Ret),

    I was initially charged with two felony offenses by the DA as a juvenile, but one charge was eventually dropped. My case concluded with a plea to a single felony embezzlement charge in juvenile court. I successfully completed a deferred entry of judgement program and the offense has since been dismissed and my record was sealed. More than a decade later, my record has been perfect and I’ve graduated top of my class at a prestigious university. I currently maintain a full time job.

    Can I apply for a waiver because I was plead to only a single felony charge as a juvenile?

    Thanks

  12. NCCM(Ret) says:

    Keller,

    Currently, the Navy is not entertaining waivers for Major Misconduct Offenses — it does not matter how long ago or at what age the offense occurred. Additionally, it is irrelevant what actions the court takes after the case was adversely adjudicated (sealed, expunged, dismissed, pardoned, etc.).

    I wish I had better news.

  13. Philip [Last name redacted for privacy] says:

    About 8 years ago I was arrested I stayed in there for 2-3 months and I was waiting to go to court for a hearing but at that time I was sitting in jail waiting to go to court I was then released upon charges been dropped. I didn’t have to do no community service or served probation or pay an court fines or anything else. I was scheduled to go on to court but before, then I was released. So, what are my options? Am I still able to enter the navy?

  14. NCCM(Ret) says:

    Philip,

    Spending that time in jail and having a charge dismissed could be an indicator of a “timed served” situation. All of your court and police records must be submitted to the recruiter for review. Having not told me what the charge was, I cannot tell you whether a waiver is possible if the case is ruled adversely adjudicated by the Navy.

  15. Nelson says:

    NCCM(Ret), Back in early September 2015 my friend was pulled over with me in his car and was subsequently arrested for possession of marijuana. After questioning him and arresting him after he claimed ownership they proceeded to ask me if I knew there was marijuana in the car. I responded yes as I did know and was subsequently arrested. It turned out the amount was 4 ounces (a state jail felony) which I honestly had no idea the amount was that much. I posted bail two days later and to this day have not been given a court date or case number yet. No formal charges have been given and if the DA decides to pursue a misdeamanor which is likely or drop the charges would the navy still view that as a major misconduct offense even though nothing was adjudicated? On the paper there is a asterisk next to the felony that says “felony or misdeamanor as case may be”.

  16. NCCM(Ret) says:

    Nelson,

    If the court amends the charge prior to the adjudication process, then there is a chance — if the charge is amended as a result of a plea deal during that process, then it is much less likely. The biggest problem you will have if they do reduce it in your favor is the amount found — clearly more than what would be considered for personal use. You have an uphill battle; I wish i had better news.

  17. Mike B says:

    I was convicted of leaving the scene of an accident when I was 23 with mitigating circumstances. It was a felony vehicle code violation. I have no penal code violations. I did have to spend 2 years in a prison because of it although. My friend and I were attacked and it was truly just a case of being in the wrong place at the wrong time. I’ve been out 3 years now and I want to enlist. Could this be waived?

  18. NCCM(Ret) says:

    Mike B.,

    CNRC has just started a limited review of certain Major Misconduct Offenses; however, the opportunities are very limited; I do not know if your specific case will be one that would be forwarded — Major Misconduct Waivers are now limited for otherwise exceptional applicants — processing will be rare, but I recommend that you contact your local recruiter to see if your case can move forward.

    Good luck!

  19. Dennis says:

    Hello,
    I have a general question regarding the recent policy change mentioned above. Are the policy changes pertaining to all branches of the arm forces?

  20. NCCM(Ret) says:

    Dennis,

    These type policies are service specific, but it is my understanding that all services have been looking closely at it. I want to caution once again. This change is a positive thing for those with such offenses because it shows the potential for more opportunity; however, that opportunity is currently VERY small and competitive; dare I say so small that for the vast majority it will be business as usual.

  21. Dennis says:

    Thank you for the response, I’ve been waiting for the small window to open.

  22. jonathan says:

    I’m 17 trying to get in the Marines. When I was 12, I was charged with a misdemeanour for about 3 grams of marijuana possession, what are my chances of making it so far as with the waiver to get in the Marines? What are my chances?

  23. NCCM(Ret) says:

    Jonathan,

    If simple possession with no indication of trafficking, a waiver is possible as long as you are otherwise fully qualified (good education, high ASVAB score, etc.).

  24. Tae says:

    I was charged with grand larceny when I was 19 I’m 24 now can I still join any service

  25. NCCM(Ret) says:

    Tae,

    Your charge is a Major Misconduct Offense; joining with that level of charge is very difficult as very few of the waivers are processed — the process is very selective. You would need to ask your recruiter if it is possible in your area and whether or not you meet the minimum expectation for processing.

  26. Keairah says:

    Hello,back in the days me and my friends decided to steal from a walmart afraid we were going to get caught we put the merchandise back and attempted to walk out the store,They stopped us thinking we still had the items on us and arrested us. I was accused of a Commercial Burglary Felony as a minor but since the store couldnt provide camera footage of us walking out with merchandise it was knocked down to a misdemeanor. I also got a petty theft charge back in the days before that for stealing a t-shirt. Do you think its possible for me to enlist with the navy and receive a waiver for these mistakes.

  27. NCCM(Ret) says:

    Keairah,

    All arrests initially charged as a felony and later reduced must be reviewed by Navy Recruiting Command’s legal department for a determination as to whether the charge will be considered a Major Misconduct or a Misconduct Offense.

  28. John says:

    I was adjudicated to youthful offender and was given 5 years probation
    Robbery 1st degree pL 160.15 I was 15 years old and didn’t take anything just ran away with the kids no money or property found just him saying it was me. After 4 of the 5 years I was resentenced to 9months in jail. For failing to report to probation by missing just 1 meeting after 4 years. Under CPL 720.35 will I not be eligible in any branch of military? I’m 26 now haven’t got in trouble since.

  29. NCCM(Ret) says:

    John,

    The youthful offender law and its application has absolutely no bearing on the military’s waiver process — the only thing it will do is actually make things more difficult because the access to the specific records (the court write-ups, police report, etc.) which contains the specific actions you committed (you plead guilty, so the actions you plead to is what happened for this process).

    Waivers for Major Misconduct Offenses are currently very rare; and the ones that I have heard about being considered were for a single action of many years ago. The probation violation may have hurt you — have you talked to a recruiter?

  30. Myriah says:

    Hi, I iust had a question. I have been doing a lot of research even bough my husband is in the navy but he can’t answer all my questions. My very first time & only time drunk, my husband and I were arguing and I hit him. I was arrested for DV but the DA dismissed my case and gave me a letter of rejection. Will this affect me? I know I will need to be very open about it and bring my letter.

    Also I ran my credit and found that family opened a few services in my name that went into collection. I paid them off as soon as I seen them and then took it up with my family. My car was repossessed wrongfully and then 2 years later put a judgment out on me with no notification or anything. I moved to another state after getting married (which they knew). I have contacted them multiple times but we are finally going back home this month so I can go fight them for it. I plan to reason with them even though they wouldn’t allow me to get my car out or repo but if I come to agreement with them and make payments will I still be able to join while paying it? It’s only 4000, it’s nothing crazy but I know judgments are bad to have before joining. Thanks

  31. NCCM(Ret) says:

    Myriah,

    As part of your financial statement, you will need to show the debt. Having the civil judgement may not stop you from joining, but it may affect your chances at a security clearance. I recommend that you contact a recruiter to go over the specifics.

  32. Myriah says:

    Ok. Even though the other 2 have been paid off do I have to show those as well? Also what about my case that was dismissed through the DA? Will my letter of rejection be enough to prove that I had no charges filed? Do arrests affect eligibility or just the charges that came after?

  33. NCCM(Ret) says:

    Myriah,

    I do not have the SF-86 in front of me, but I am pretty sure it asks specifically about judgements and civil actions — you would annotate those there, and any payments to be made would also be annotated in your financial statement (a required document for all entering who have a dependent; your husband for instance). I apologize for skipping over the DV incident.

    For the DV incident, the recruiter must gather up the police and court records; your letter will not be sufficient. All arrests will have a process documented to show how a final disposition is met — those are the documents he will need to get (the Police check and the court records). For DV cases, those records must be reviewed by the legal department. Based on what you describe, if a waiver is required, you should not have too much issue having one granted (unless initially charged as a felony, then the standard is different).

  34. Myriah says:

    Ok thanks. & no it was filed as a misdemeanor. I will gather the police report while I am still here but there is no court documents since it never went to court. But I will make sure to call the DA’s office to get all paperwork possible! Thanks :)

  35. kelly says:

    I was arrested at 17 for felony assault. all charges were dropped. why am i being denied

  36. NCCM(Ret) says:

    Kelly,

    If the charges were dropped after you completed requirements from the court — you plead guilty, or participated in youth offender, etc, then for military waiver purposes, it is the same thing as if you have a guilty finding by a jury. What the court does after that fact is totally irrelevant.

  37. Lisa says:

    My son was arrested when he was 15 and charged with theft. He was with some friends and one of them decided to steal some wheels for his car. My son completed a deferred prosecution and nothing else ever came of it. He’s now 17 and after review of the case was denied. I find it hard to believe that he he is being penalized over something he did when he was so young and was never even convicted. On top of that it would’ve been a misdemeanor. Is there anything else that I can do? He’s talked about joining the Navy since he was a kid and this just breaks my heart.

  38. NCCM(Ret) says:

    Lisa,

    For military conduct waiver purposes, any charge that has been adversely adjudicated is the same as having a jury return a guilty verdict in court. Deferred prosecution is an adverse adjudication.

    The military recognizes a felony as a Major Misconduct Offense every time; similarly, they recognize certain serious misdemeanors as Major Misconduct Offenses — theft of property over the value of $500 falls into that category. His waiver would need consideration by the Admiral (CNRC) if his charge was ruled a Major Misconduct based on the amount stolen of over $500 in value. Those waivers are very difficult to get, and the ones I have heard about recently were of single events like you describe, but many years has passed with no further issues.

  39. Josue [Last name redated for privacy] says:

    When I was 15 I had a charge for breaking & entering but I’m 18 now & I have my records sealed will I be able to joined the navy ??

  40. Tgreen says:

    Hi, so I was arrested from a felony of embezzlement about a year ago and the officer actually dropped the charges to two misdemeanors to try and “help me out” so i wouldn’t have a felony on my record. since there were two charges of the same misdemeanor and one was dropped. Does that hurt my chances of being excepted into the navy?

  41. NCCM(Ret) says:

    Tgreen,

    A charge does not have to be a felony for it to be a Major Misconduct Offense. If by splitting the charges into two now gives you two Major Misconduct Offenses (as an adult), you are not eligible for waiver consideration. Bring all associated police and court records to your recruiter for review.

  42. NCCM(Ret) says:

    Josue,

    Having a charge sealed or expunged has no effect on the waiver process beyond actually making it more difficult. If your local recruiters are processing Major Misconduct Waivers, you would need to provide detailed handwritten statements that describe the offense — the recruiter would go to the court and gather what they can.

  43. Gabriella says:

    I caught a misdemeanor car making charge when I was 17 and I got waived up to an adult. I was in Njrotc in high school and I’m getting off probation in April. What are my chances of getting in if I tried

  44. NCCM(Ret) says:

    Gabriella,

    I don’t know what a “car making” charge is. What was the original charge at arrest?

  45. Kb says:

    I have a friend that wants to join the navy but when he was 13 years old he got A rape charge since he was so young they said if he can keep a CLEAN record by the time he is 16 then it won’t be on his record , also his lawyer told him that if anyone ever asks if he was convicted of any crime say No, so when he goes to MEPS should he tell them or no

  46. NCCM(Ret) says:

    Kb,

    He must divulge the information. Contrary to his belief, the record of arrest will come up during the background investigation.

  47. Bogale says:

    I have a misdemeanor in Alabama for resisting arrest and obstructing and I’m originally from California and I have a juvenile record in California I’m 22 living in san diego.

  48. NCCM(Ret) says:

    Bogale,

    Your entire juvenile and adult record must be divulged.

  49. Trevor says:

    Hello,

    I was hanging with the wrong crowd when I was 17 years old and was the get away driver for my friends. I didn’t have a lawyer (just a public defender) and my parents were pretty pissed, so I plead guilty to 3 counts of commercial burglary and 3 charges of misdemeanor burglary. I was sentenced to 270 days in Juvenile Hall, but was released early after 4 months, then served 56 days on house arrest. I also had to pay $10,000 in restitution. I am 32 years old now and haven’t had any other incidences since that time. Is this going to disqualify me from enlisting in the Navy?

  50. Rachel says:

    When I was 20 my daughter broke her leg and I was charge with a felony child neglect result in bodily harm I did not break leg but my attorney I should sign a pretrial diversion and it drop down to a misdemeanor result in harm I’m in the process of getting it expunge. Can I still join the army with this on my record?

  51. NCCM(Ret) says:

    Rachel,

    Having a charge expunged will change nothing for military waiver purposes — if fact, it makes it more difficult because the records may not be reviewed. Do not pay the money to have the charge expunged if your only reason is to join the military.

    All felony arrests that were later reduced to a lesser designation MUST be reviewed by the branch of service’s legal department for determination (if otherwise qualified and able to process).

  52. NCCM(Ret) says:

    Trevor,

    You exceed the maximum amount of adversely adjudicated Major Misconduct Offenses; you are not authorized waiver consideration. I wish I had better news.

  53. Paige says:

    Hi,

    I was charged with grand theft 3rd degree felony, but was not convicted. I am in the Def Prosecution Program currently and it’ll be dismissed in 2 months. This happened in November 2015 and will get the case expunged after my case is dismissed. Is this something I need to worry about joining? I really want to join. My case was not violent and I hope this can help me go on further joining…

    Thank You

  54. NCCM(Ret) says:

    Paige,

    As far as the military Conduct waiver process is concerned, you have been convicted of the crime because you have been adversely adjudicated for it — you had to complete a requirement of the court. Whether or not a waiver is possible will depend on the local mission requirements and whether you are otherwise fully qualified. It is doubtful you will be allowed to process until a period of time passes after you complete your probationary period; a time long enough to prove that you can be an asset to society and remain crime free. Your local recruiter should be able to give you more insight as it would relate to you directly.

  55. Steven says:

    Last year when I was 20, some friends and I went to a concert. I definitely had too much to drink before hand, but during the concert I have reason to believe that some sort of illicit substance was slipped to me. As a result, I don’t remember any of what happened that night. According the police, I left the concert and got into someone else’s truck. I drove off in the truck and ended up hitting another car and leaving the scene of the accident. When I was arrested the officer said that I was hallucinating and acting extremely irrational, which is why I believe I was given an illicit drug. I was charged with receiving of stolen property under $10,000, leaving the scene of an accident, and a DUI. The felony charge was amended to a misdemeanor and the rest of the charges were also misdemeanors. As I have read from previous posts, it would seem that my case would have have to be sent to the Naval Legal Department as too whether they would consider my charges as major misconduct offenses or just misconduct, but what do you think my chances are of getting a waiver? Or will it be like others and they won’t consider it because it was originally charged as a felony? Thank you for your time!

  56. NCCM(Ret) says:

    Steven,

    The receiving stolen property charge is a Major Misconduct Offense despite the fact it was later reduced based on the amount involved. I do not think you chances are very good.

  57. Peter says:

    My son is his 4th year in ROTC. He will be commissioning in three weeks in the Navy. While on vacation over winter break, a thief entered his condo and attempted to steal his personal belongings. He was caught in the act and fled. A few minutes later he appeared again and my son chased after him, apprehended him and called 911. In the struggle my son was struck and fought back, injuring the thief in the process. We have since learned that the thief has been charged with criminal trespass and my son has been arrested and charged with felony assault. I am confident he will be exonerated? He informed his leadership of the incident when it happened but not the subsequent arrest. What are the possible ramifications if he tells them after commissioning? We are also fairly confident that he would be dis-enrolled if he tells them before commissioning.

  58. NCCM(Ret) says:

    Peter,

    They would discharge him. If he tells them now, he only has to overcome the offense — if he waits until after commissioning, then he has to overcome the offense and the fact that his integrity and courage is in question; not to mention that there are instructions covering a requirement to self report arrests.

  59. Antonio says:

    When i was 13 (possibly 14) Me and my buddy were dared to stay over night in the mall. Like an idiot, we did and we were caught, arrested, and charged with criminal trespass in the first degree.I am now 19 and have graduated highscool and passed my asvab with a score of 70. I wish to join the marines (not sure of MOS yet) but do i have a chance of being in the core?

  60. NCCM(Ret) says:

    Antonio,

    A waiver is possible. You would need to contact your local Marine Corps recruiter for specifics.

  61. Joel says:

    I’m 18 and I’m trying to join the Navy’s nuke program. When I was 13 and in eighth grade three kids pulled a prank on me and told school administrators that I made a bomb threat. I said I didn’t do it, but I was still charged with a misdemeanor threat to bomb/burn. A week later, my mom took me to a polygraph examiner to see if I was telling the truth. After the test was over my mom told me I failed, and she told the school administration as well. I went to court and pleaded no contest because there was no evidence to support the fact that I didn’t do it. Five years later I found out that I passed the polygraph and my mom lied to EVERYONE. One of the three kids admitted to the prank, and I have the notarized hard copy of the polygraph. Is there anything I can do?

  62. Joel says:

    Also, I’ve started the enlistment process by taking the ASVAB (score of 91) and NAPT tests

  63. NCCM(Ret) says:

    Joel,

    As I told you in January, the charge has been adversely adjudicated — you completed a fire safety course per order of the court and the charges were dismissed. The military is not going to investigate a case — they will use the documentation supplied by the courts along with your handwritten statement. Back in January, I had also told you that Major Misconduct waivers were not being processed at that time; well, now, a limited number for otherwise outstanding candidates are going forward for consideration, so you have a shot (especially since the issue occurred when you were just 13 and you have had no police involvement since). To the charge, it will always require a waiver because as part of a plea agreement, you must admit your guilt — I don’t see that issue ever not being an issue.

    Your recruiter will have to gain permission to continue your processing if he/she hasn’t already. I do hope things work out for you.

  64. John a says:

    I was arrested for a seatbelt ticket and paraphernalia charge of empty stairoid containers 2 misdemeanors charged with after probation they disappear, also was prescribed adhd meds for 3 months during college then I quit them and stopped going bc they didn’t help me. I have been in contact with a recruiter but what can I expect.

  65. NCCM(Ret) says:

    John A.,

    You require a medical waiver for the ADHD and a Conduct waiver for the Major Misconduct Offense. The arrest will always be on your record — the disposition and how it was derived is what will “disappear” — that actually makes it harder for you, so MAKE sure you get copies of the court records before they destroy them.

  66. John a says:

    The marines seem to think I should be okay to join with them, he said more likely if I have a buddy join also.

  67. Gino [Last name redacted for privacy] says:

    I’m trying to join the navy reserves and i have been charged with 1 criminal sale marijuana 4th . For that one time they arrested me they charged me three times with marijuana sale possession of marijuana and knowing what i was doing i wanted to know if i can still join the navy reserves with that and if it’s waivable?

  68. NCCM(Ret) says:

    Gino,

    Any adversely adjudicated drug trafficking related charge (sale, distribution, manufacture, etc.) permenantly bans you from military service. No waivers authorized.

  69. Alex says:

    What happens if I have 3 major misconducts but all happened when I was a juvenile?

  70. NCCM(Ret) says:

    Alex,

    You would be disqualified with no waiver authorized.

  71. Hailey. says:

    Hi my name is hailey and my boyfriend is going into the navy and he lied to his navy recruiter and said he didn’t have a girlfriend and he wasn’t having sexual intercourse and I was wondering what could happen if they found out he was lying. Thank you.

  72. NCCM(Ret) says:

    Hailey,

    That is not a question that is asked by a recruiter for enlistment purposes.

  73. Jerimi says:

    Hey. I’m Jerimi. I was arrested when I was 15-16, for Grand Theft. Me and my friend broke into a car and literally just sat inside it. We never drove it, or even moved it. It was a felony however, that was dropped by the court. Is there any chance a waiver or expungement would help me join the Air Force or Navy? I was 15… I’m now 26. That was over 10 years ago. With no other charges since then… Anything I can do? Any advice?

  74. NCCM(Ret) says:

    Jerimi,

    With only a single Major Misconduct Offense that occurred so long ago, a waiver might be possible if you are otherwise fully qualified and you have a high ASVAB score. I recommend seeking out your local recruiter for more information as it relates to your specific circumstance.

  75. Jenifer says:

    I have a few questions. In 2012 I was arrested and charged with aggravated assault against a police officer and resisting arrest. My final and only charge was 3rd degree resisting arrest. I was extremely intoxicated and don’t I don’t remember what exactly happened that night. All I remember was that it was being artacked by my father, since that night I have never had a drink nor was I ever in any kind of trouble before or after that. I was given PTI and the charges were dismissed. Do you think I have a chance of receiving a waiver?

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