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Serious Misdemeanors

Misconduct Offenses

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

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.

Misconduct Examples

Aggravated assault, fighting or battery (more than $500 fine or restitution or confinement).
Carrying of weapon on school grounds (non-firearm)
Concealment or failure to report a felony.
Contributing to delinquency of minor.
Crimes against the family. (non-payment of court ordered child support/alimony)
Criminal mischief (more than $500 fine or restitution or confinement).
Criminal trespass.
Desecration of grave.
Domestic battery/violence, not considered Lautenberg Amendment.
Driving while drugged or intoxicated, or driving while ability impaired, permitting a DUI.
Illegal or fraudulent use of a credit card, bank card (value less than $500).
Larceny or conversion (value less than $500).
Leaving scene of accident (hit and run).
Looting.
Mailbox destruction.
Mailing, to include e-mail, of obscene or indecent matter.
Possession of marijuana or drug paraphernalia.
Prostitution or solicitation for prostitution.
Reckless driving, careless, or imprudent (considered a serious misdemeanor when the fine is $300 or more or when confinement is imposed).
Reckless endangerment.
Resisting arrest or eluding police.
Selling or leasing weapons.
Stolen property, knowingly receiving (value $500 or less).
Throwing rocks on a highway, throwing missiles at sporting events, throwing objects at vehicles.
Unauthorized use/taking of a vehicle/conveyance from family member, joyriding.
Unlawful carrying of firearms; carrying concealed firearm.
Unlawful entry.
Use of telephone, internet, or other electronic means to abuse, annoy, harass, threaten, or torment another.
Vandalism (more than $500 fine or restitution of confinement).
Willfully discharging firearm so as to endanger life; shooting in public place.

Offenses of comparable seriousness should be treated as misconduct offenses. In doubtful cases, the following rule should be applied: If the maximum confinement under local law exceeds four months but does not exceed one year, the offense should be treated as a misconduct offense.



799 Responses to “Misconduct Offenses”


  1. NCCM(Ret) says:

    Stephen,

    I have no way of knowing your chances, but it is possible once you have completed all court requirements.

  2. Rubina says:

    I was separated from the army with an RE-3 code for misconduct serious offense. I was accused of slapping my roommates butt. Couldn’t prove I didn’t do it and with all the hype about sexual assualt my commander just wanted the problem gone instead of fighting for me. I want to join the navy cause I felt I was targeted due to my sexual orientation. What are my chances of getting a waiver? I have several charcaters reference letters from different Sergeants and I had no issues with misconduct sense I left I work as a supervisor at a security company. I don’t have the fincial means to try and get my DD214 changed.

  3. NCCM(Ret) says:

    Rubina,

    Being discharged for sexual assault, and I assume an RE-4 discharge code, renders you ineligible for waiver consideration and reenlistment.

  4. Rubina says:

    I have an RE-3 code for misconduct with a general under honorable conditions. There was never substantial proof to charge me with sexual assualt. It was he said she said.

  5. NCCM(Ret) says:

    Rubina,

    You received a General discharge that stemmed from a sexual assault allegation — essentially providing an adverse adjudication for the offense. Because you decided not to fight it does not give you a pass on it later. I don’t think you will find any branch of service who would, or even could (legal would have to determine whether putting you back in would be breaking the law due to the relatively law change concerning sexual offenses), entertain a waiver.

    You asked this question a couple of months ago, so I assume you have been to a recruiter by now?

  6. Mike says:

    I was charged for 3rd degree assault 4years ago. Went to the Navy recruiter,disclosed it with her she said it’s okay. Started the process by taking the asvab and physical ,did well on asvab..Recruiter said I’ll need a waiver before I swear in.. I already submitted my statement to her along with court minutes and documents showing that I had completed 20days community service,she told me she’d have to submit the request and keep my fingers crossed..Given that I had no other problems with law,70 on my asvab,and the 4 year period from the crime,,how do you think this will go and how long does the waiver process take ..thank you

  7. NCCM(Ret) says:

    Mike,

    As long as it was not domestic violence related, and it was not originally charged as a felony — nor does it meet the minimum standard for a Major Misconduct Offense (assault with a dangerous weapon, etc.), then a waiver is likely provided you are otherwise fully qualified.

  8. Mike says:

    Thank you ,and how long does it normally take to be determined?

  9. NCCM(Ret) says:

    Mike,

    It depends on the factors that I mentioned. If DV related, then it has to go to CNRC legal for a determination; otherwise, it shouldn’t take as long as it has to determine whether or not you can process. The waiver itself won’t be officially completed until after your physical (normally on that same day).

  10. Mike says:

    Thanks, it isn’t dv And I have already taken the asvab and physical.. was wondering how that works given that I already went to meps .can you please inform me of the process it will go through? Thanks

  11. NCCM(Ret) says:

    Mike,

    If your charge involved a dangerous weapon, then it is more than likely a Major Misconduct Offense, and the Navy isn’t processing them currently. Based on the limited information you have provided, you should already be in the Navy.

  12. Mike says:

    Wow, I kinda felt the same way , and no weapons weren’t involved..I found it strange that they didn’t accept it after I did the physical.

  13. NCCM(Ret) says:

    Mike,

    By chance, did they have you fill out a job request form — something like a list of things you would want to be in the Navy? If so, they may be trying to find your best fit before they call you — there are a small number of districts, now known as NTAGs, that are trying a new approach. Are you in one of the NTAG areas? That is more for my own curiosity than anything else (please only give a yes or no — I redact locations for privacy sake).

    Either way, I recommend that you call your recruiter to try and gain some more insight of why there is a delay — your recruiter should have specifics.

  14. Mike says:

    No,I am not .and yea I will check with the recruiter in 2 days .last time I spoke with her was last week,she informed me that she was sending the package out because her captain was on vacation for the holiday seasons(scratching my head)

  15. Mike says:

    Have you any other reasons,that it wasn’t waived after i took the physical?

  16. Christian says:

    Back in 2014 I was taken to my local police dept. for sending a innapropriate picture to a female which the police dept. titled telephone dissemination. I was not charged, I didnt’t go To court and I sat with a probation officer just to talk that day about my bad decision but I didn’t get probation I had to wait until I turned 18 to seal or expunge my record which I did. I had joined the Marine Corps and when asked if I have ever been arrested or encountered law enforcement I said no… nothing came up on the police background check not I’m the thorough background check at MEPS I requested to be discharged from Marine Corps DEP, and I want to re-enlist with the Navy I have been discharged from the Marines already but do I mention to the Navy recruiter about that Juvenile incident or not?

  17. NCCM(Ret) says:

    Christian,

    Of course you have to mention this event to your recruiter and ensure it is documented in your application.

  18. Mark says:

    Master Chief,
    My son was arrested on a felony charge related to an argument with his girlfriend. The state attorney said there is no evidence, unconditionally dropped all charges without a trial, no diversion program, and no adverse finding is a waiver still required?

  19. NCCM(Ret) says:

    Mark,

    All the court and police reports must be reviewed by the recruiting command’s legal department legal department. If they find the charge was unconditionally dropped, then a waiver would not be required.

  20. Jaime says:

    I have 2 level 400 juvenile charges when I was 13 and 14 years old for residential burglary I had no restitution and returned the 12 pack of soda and a pocket knife would I have any chance in joining the armed forces ? The National Gaurd said no to me but I don’t want to waste the rest time by going In and finding out when hopefully I can find out here instead.

  21. NCCM(Ret) says:

    Jaime,

    The Navy will currently entertain a single Major Misconduct Offense committed as a juvenile. I do, however, recommend that you make contact with them incase my current data is not up to date (last time I asked was about a month ago).

  22. Victor says:

    I have a battery/domestic charge because of a fight with a family member I also have a controlled substance charge about two years ago but it was dismissed I didn’t have to go in front of a jury or judge but now I have a new charge for distribution of control substance still have to wait for my court date to see the final judgment on my case but non the less the reason I write here is for some advice I really want to join the armed forces preferably the navy or marines but I’d be happy in any Corp to be honest what would you assume my chances of joining and getting the waiver accepted or is there any way I can request to the judge to sentence me to military service. Thank you for your time and for responding

  23. NCCM(Ret) says:

    Victor,

    Unless the trafficking related offense are dropped because they find you did not commit the offense (there can be absolutely no requirements of the court — they dropped it because you flat didn’t do it), or you are found not guilty by a court that proved you didn’t do it, you would be banned from military service.

    To the other two offenses in the case the trafficking offense was completely dropped: for the DV charge, the court records and police report must be reviewed — minimally, the offense would be considered a Misconduct Offense; if your previous controlled substance charge was adversely adjudicated (you had to pay a fine, attend a class, promise not to do it again — anything outside of they dropped it because you didn’t do it; you would require a waiver — then you would have a Major Misconduct Offense and a Misconduct Offense. You would have to ask the Marine Corps if they would entertain them — the Navy would not.

  24. James says:

    I was charged with a sale of a controlled substance at age 18 and received 6/5 four months county time and five years probation I violated the probation order for drug use and possession and was sentenced to four years in prison I completed a ASAT treatment program and a CASAT treatment program I am 30 years old and would like to join the navy is it possible for me to receive a morale wavier I paid my debt to society I would just like to have accomplish something greater than myself

  25. NCCM(Ret) says:

    James,

    Any history of being adversely adjudicated for any trafficking related drug offense (sale, manufacture, distribution, etc.) renders you ineligible for consideration.

  26. KB says:

    Hey , I was charged with Misdemeanor(receiving stolen property), and possession of mj. The stolen property charge was reduced to a summary disorderly conduct , and I served unsupervised probation and paid a fine. For the possession charge I just paid a fine it was under a gram. I Have NO Felonies At All. Am I disqualified?

  27. NCCM(Ret) says:

    KB,

    An offense does not have to be a felony to be a Major Misconduct Offense.

    As long as the stolen property value was less than $500, your waiver approval should not be a problem as long as you are otherwise fully qualified.

  28. Liz says:

    I was charged with possession of a controlled substance, resisting arrest and misapplication of property…. all the charges were rolled into one and I served 4 months at county… am I still eligible?

  29. NCCM(Ret) says:

    Liz,

    The military will not group those offenses no matter what the courts may have done. For military waiver purposes, you have three separate offenses. Possession of a controlled substance is always a Major Misconduct Offense, and if you committed the crime as an adult (18 or older), the Navy will not currently consider your waiver even if you didn’t have the other charges. If the offenses occurred before you turned 18, having those two other offenses beyond the Major Misconduct Offense makes waiver consideration and approval unlikely. If you have any other offenses that you did not list here; you are ineligible for waiver consideration by the Navy no matter what the age at the time of the Major Misconduct Offense.

  30. Liz says:

    Will they not consider it because of the offense, or will they not consider it because it is a possession charge?

  31. NCCM(Ret) says:

    Liz,

    Because the possession charge is a Major Misconduct Offense. Currently, the Navy will not entertain the required waiver for anyone who committed that level of offense as an adult. I do not know whether the other services will.

  32. Liz says:

    What if the charge was dismissed?

  33. NCCM(Ret) says:

    Liz,

    Any action by the court after it has been adjudicated is irrelevant.

  34. Trae says:

    I never received a response so I’m doing another one and asking more questions. So i was processing through a recruiting station in Houston and I had a waiver get approved for domestic violence case that was dismissed and right before I swore in at Meps they pulled my juvenile record where I was charged with misdemeanor assault and I told my recruiter plenty of times about it and they where saying don’t say nothing about it at meps so then Meps said a waiver would have to be submitted for the juvenile case but they said they doubt it would get approved since I was charged with family assault in 2018 and now my case that happen back in 2011 when I was 15 and got into a high school fight because a guy called me a racial slur. The case has been expunged and I did probation and community service. I stay in the dfw area now and they transferred me to a recruiter here to finish processing saying it’s inconvenient on me coming to Houston continously to process what are the chances I will be approved for a waiver because I truly think it was wrong for me be going to court back in 2011 I wasn’t even arrested and they parents pressed charges on me. Also how long do you estimate it would take to get a response from a commander?

  35. NCCM(Ret) says:

    Trae,

    I did respond to your last question ten minutes after you asked it earlier this month. I also answered similar questions you asked back in early October. Nothing you have asked in theis new question changes my previous responses. I will add one thing, if you are still waiting a response after this long, it sounds like your recruiter has dropped you and stopped following up. You need to have a conversation with him.

    I wish you the very best.

  36. Abby says:

    Hello. My ex boyfriend and I were involved in a physical altercation February 2018. My charges were adjucated on the premise classes would be completed. I was charged, but never convicted of 3rd degree DV. I want to go Navy Reserves, first offense not even a traffic violation in my 28 years , have college history, last asvab I took maybe 4+years ago, scored 74, was going to go in at E3 with a security clearance in an Intelligence rate (Forget the rate name/code). Take full responsibility for my actions, not going to pass blame on anyone else that being I am myself, and I have the ability to control my own actions.Do you see any chances, or should I just not try? I do already have a really good job in the medical field, but I want to do more.

  37. NCCM(Ret) says:

    Abby,

    All DV related offenses must be reviewed. The police and court records must be submitted to CNRC legal via your recruiter.

  38. Luke says:

    I was recently arrested for a DUI for which I was offered adjudication with the condition of having to pay a fine and attend a 12 hour class. From what I’ve read here this would qualify as a misconduct, if I fight this charge in court and lose would it be worse than an adjudication or would it be no different?

  39. NCCM(Ret) says:

    Luke,

    Once you have completed all the court requirements, you may be able to start processing, but you cannot ship to boot-camp until a MINIMUM of one year passes from the date of your arrest.

  40. Jake [Last name redacted for privacy] says:

    I was arrested for the following when I was 12.. I am now 26 and recently made contact with the attorney that represented me in juvenile court. He suggested and is confident we can successfully unseal my record, file a motion to reduce all felonies to misdemeanors, file a secondary motion to have the case dismissed by a judge, and re-seal the record. By doing so, will that make me eligible for enlistment? I am seeking a SO contract and will eventually need a security clearance. Will this be discovered during the background check? Will the case being dismissed by a judge make any sort of difference than not taking those legal steps?

    Conspiracy to Commit a Crime (felony – 182PC): Dismissed
    Burglary, 2nd degree (misdemeanor – 460BPC): Dismissed
    Vandalism, $400 or less (misdemeanor – 594b2PC): Dismissed
    Vandalism, $400 or more (felony – 594b1PC) x 2: Dismissed x 2
    Vandalism, $400 or more (felony – 594b1PC) x 4: Sustained x 4
    Theft, $100 or less (misdemeanor – 484PC): Sustained
    Theft (misdemeanor – 484PC): Dismissed

  41. NCCM(Ret) says:

    Jake,

    Any court action taken after an offense was originally adjudicated changes absolutely nothing for military waiver purposes. If an offense was adversely adjudicated when you were 12, it would still be adversely adjudicated no matter what happens now.

  42. Thomas says:

    My son was charged with Larceny (stole a bottle of wine) as a minor, was not arrested, but did have to go to court and was ordered to take a alcohol class and do 12 hours of community service, doest this need to be reported to the recruiter?

  43. NCCM(Ret) says:

    Thomas,

    Yes, of course.

  44. Kathy says:

    My Son is 35 and when he was thirty his girlfriend of whom he was dumping got into an altercation and he was arrested for Domestic Assault and Battery. He went to a batters class and then the judge dismissed his case. I think it was called Adverse Judification. He has a college degree and had never been in trouble before. She pressed charges because she shoved him and he shoved her back. I went to see what was going on and she pointed a shotgun at me and then she was arrested. Mark wants to join the Air Force Reserves. What do we need to do? Please contact me through my email. Thank you. Also it was a misdemeanor.

  45. NCCM(Ret) says:

    Kathy,

    The police and court records would have to be reviewed and a determination made. All DV related cases must be reviewed by the service’s legal department. He would have to find an Air Force Reserve recruiter who would forward the documents for review.

  46. Jane says:

    Hello –
    I was arrested and booked for an argument with my boyfriend at the time who was abusive – they took him away despite him severely punching me in the face
    i was arrested for assault and 2 counts of interferring with dv investigation
    it turned out to be nothing because the district attorney was quickly called so all that happened was that i was booked and let go – no court no plea no nothing i have a nc as my disposition in washington my recruiter cannot find any record of my “conviction” or charge because obviously i was never convicted just dismissed – the district attorney removed my mugshot and fingerprints and didnt send it out i didnt have any conditions

    can i join the navy or not

  47. NCCM(Ret) says:

    Jane,

    You would need to have the arrest report and the court records — unless the charge was expunged, those would still be there. Absent those documents because they cannot be located for whatever reason, you would have to write a detailed handwritten statement that explains everything. The CNRC legal department would then have to make a determination based on the statement and a possible phone call to the DA’s office.

  48. Matthew says:

    I have a M2 for Unauthorized Entry of a Motor Vehicle. What are the odds of me getting accepted for a waiver within the United States Navy? I wasn’t directly involved with the incident, Just got picked up in a car that was stolen and didn’t know it was stolen at all until a detective called me in to speak on the matter. Best regards to whomever responds to this and HOOYAH.

  49. NCCM(Ret) says:

    Matthew,

    Waiver consideration and ultimate approval would depend on your history. Whether or not you have other adversely adjudicated conduct related events; your education, job history, ASVAB scores, etc. You would need to sit down and discuss your options with a recruiter. Bottomline, based on the minimal information you provided, it may be possible.

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

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