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Minor Misdemeanors

Non-Traffic Offenses

Updated: October 25, 2015

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.

Examples of Non-Traffic Offenses

Altered driver’s license or identification.
Assault (simple assault with fine or restitution of $500 or less and no confinement).
Carrying concealed weapon (other than firearm); possession of brass knuckles.
Check, worthless, making or uttering, with intent to defraud or deceive (less than $500).
Committing a nuisance.
Conspiring to commit a misdemeanor.
Curfew violation.
Damaging road signs.
Discharging firearm through carelessness or within municipal limits.
Disobeying summons, failure to appear other than traffic.
Disorderly conduct; creating disturbance; boisterous conduct.
Disturbing peace.
Drinking in public.
Drunk in public; drunk and disorderly.
Dumping refuse near highway.
Failure to appear, contempt of court. (all offenses except felony proceedings)
Failure to appear, contempt of court. (felony proceedings)
Failure to stop and render aid after accident.
Fare/toll evasion.
Harassment, menacing or stalking.
Illegal betting or gambling; operating illegal handbook, raffle, lottery, punch board; cockfight.
Indecent exposure.
Indecent, insulting, or obscene language communicated by telephone to another person.
Jumping turnstile (to include those States that adjudicate jumping a turnstile as petty larceny)
Juvenile adjudications; such as beyond parental control; incorrigible; runaway; truant; or wayward.
Killing a domestic animal.
Littering.
Loitering.
Malicious mischief. (Fine or restitution of $500 or less and no confinement)
Pandering.
Poaching.
Purchase, possession or consumption of alcoholic beverages or tobacco products by minor.
Removing property from public grounds.
Removing property under lien.
Robbing orchard.
Shooting from highway.
Throwing glass or other material in roadway.
Trespass (non-criminal/simple).
Unlawful assembly.
Unlawful manufacture, sale, possession, or consumption of liquor in a public place.
Unlawful use of long-distance calling card.
Using or wearing unlawful emblem/identification.
Vagrancy.
Vandalism (Fine or restitution of $500 or less and no confinement).
Violation of fireworks laws.
Violation of fish and game laws.
Violation of leash law.
Violation of probation.


Offenses of comparable seriousness should be treated as non-traffic offenses. In doubtful cases, the following rule should be applied. If the maximum confinement under local law is four months or less, the offense should be treated as a non-traffic offense.



273 Responses to “Non-Traffic Offenses”


  1. Kiefer says:

    If i was arrested under a certain charge but it got dismissed in court and i had no probation or deferred adjudication and had to pay no fines, why did my waiver attempt get denied and how can i go about appealing it?

  2. NCCM(Ret) says:

    Kiefer,

    What was the charge. Why was it dismissed? Was it dismissed with or without prejudice?

  3. Kiefer says:

    The charge was dropped from deadly conduct to terroristic threat both of those being misdemeanor offenses and it was dismissed for Interest of Justice.

  4. Jesse F says:

    Ive had underage drinking tickets at the age of 16 and under in minciple court, tickets as a minor still affect my ability to enlist in the navy? I also had charges in childrens court however, i went to get them expunged and told the court about my want to join the navy,they approved it and expunged my juvenile record, based on they were happy i wanted to enlist and better myself and others. Non traffic offences ive recieved where before and during this time which the childrens court knew about. Will those non traffic still affect my ability to join?

  5. NCCM(Ret) says:

    Jesse,

    Having a charge expunged is irrelevant for military waiver purposes — everything must be listed in your application and everything still counts. I have no way of knowing if you would be eligible because you did not list every specific charge you had/have.

  6. Jesse F says:

    3 disorderly and one burgurly/ entering a dwelling

  7. NCCM(Ret) says:

    Jesse,

    The burglary is a Major Misconduct Offense, and because you have three additional charges, you are not eligible for enlistment — no waivers are authorized. I wish I had better news.

  8. Dakoda says:

    Does animal confinment minor misdemeanor that cost no higher then 100$ need a waiver because im trying to join the marines and im not sure if this will stop me from joining

  9. NCCM(Ret) says:

    Dakoda,

    As long as the charge was not originally a felony, you should be able to process if otherwise fully qualified.

  10. HenryB says:

    I have Disorderly Conduct & Battery both Misdemeanors with No Confinement. Do I need a waiver ? Bc Battery & Assault misdemeanors has the same legal action but are under different terms for waiver

  11. NCCM(Ret) says:

    HenryB.,

    Minimally, you will require a NRD Commanding Officer Eligibility Determination and a physical violence interview. If your offenses were Domestic Violence related, then your police and court records will have to be reviewed by the legal department at Navy Recruiting Command.

  12. Danny says:

    Hello, I have a traffic ticket on my driving record that is really worrying me about enlisting. It says “knowingly permit unauthorized person to drive vehicle.” I let a friend with no license borrow my car in which he had an accident in the neighborhood and crashed it. Nobody got hurt and all I got was a ticket which had already been squared away. Would this raise a flag over at MEPS or with my recruiter and disqualify me at all? This type of violation seems like a criminal offense when I looked it up in other states but I couldn’t find those same consequences in mine (Location redacted for privacy). I also don’t believe it had been put on my criminal record either. This occurred over 3 years ago and I currently have no points on my driving record anymore and have no other violations to worry about.

  13. NCCM(Ret) says:

    Danny,

    Ensure the charge is part of your application — failing to ensure it is listed in your application would be far worse than any ramifications the charge itself would bring you when joining. You should be fine.

  14. Chase says:

    I have aggravated battery to peace officer misdemeanor charge, does this disqualify me?

  15. NCCM(Ret) says:

    Chase,

    A Conduct waiver is possible as long as you are otherwise fully qualified. The difficult will stem from whether or not you were initially charged with a felony at arrest.

  16. Tiffany says:

    My 21 yr old son has a couple of misdemeanor charges and another on his record: 1-about 3 yrs ago he borrowed a friend’s car and had 3 friends with him, he was parked and approached by an officer which searched the car. In the trunk under all his friends rubbish they found a backpack of bagged synthetic pot. Since my son was in control of the car, he was charged with possession with intent to sell. 2-about 2 yrs ago he was getting his life together and playing big brother to 2 juveniles. he did not properly store his gun and while he was playing his Playstation the 14 yr olds sneaked the gun without my son knowing and it discharged hitting one kid in the cheek, he was charged with providing/allowing a minor to obtain a gun, then about a year and a half ago he was working for a guy and the guy needed to sell some power tools that he bought offline to a pawnshop but did not have his ID. Turns out the items were stolen. His boss provided the police with the information of the guys he bought the tools from but he was still charged with receiving stolen property because they said he pawned something that was not his. He really wants to enlist and we need to know if he is eligible.

  17. NCCM(Ret) says:

    Tiffany,

    With the possession with intent to sell charge alone, he is banned from military service — no waivers are authorized.

  18. Ben [Last name redacted for privacy] Jr. says:

    Hello, I’m writing this just an FYI I’m already contracted to ship to boot camp for Marine Corp. I passed my ASVAB with a 75 and passed MEPS with flying colors and my PT is really good. Basically, I had my juvenile record sealed and it came up during the background/fingerprints that I had an assault charge misdemeanor when I was 16. Basically my dad and I fought and I was sent to juvy but I was there for only 2 months and then probation and group. Fast forward to today I’ve been in college and football and now I’m gettin word that I couldn’t ship out Feb. 6 because of this. Now I had no idea this would happen and I told my recruiter but they didn’t think to much of this in the beginning plus the juvenile judge told me this wouldn’t impede me going to the Military. I’ve stayed out of trouble and I had to write two essays on why I want to be a marine and so forth. btw, my recruiter and other SSgt vouched for me and poured my heart out into both essays. Basically, do u think my waiver will get approved? I really want this since a kid and I feel if given a solid chance I’ll become a great marine. Basically two counts of assault and one count of felony because on the second account of assault my dad broke his pinky and sprained his wrist. However, the first account of assault and the felony were dropped and only the second assault w/bodily harm stuck. I repeat I’ve stayed out of trouble, got a high ASVAB score, college credit, and I’m in good physical shape, plus I passed MEPS.

  19. NCCM(Ret) says:

    Ben,

    I have no idea whether or not the Marine Corps is considering Major Misconduct Offenses at this time, and if they were, I have no idea how they would rule.

    Based on what you have written, it sounds like your felony charge was in fact adversely adjudicated and then later dropped once you completed the court’s requirements. That often happens in plea agreements, but for military waiver purposes, the charge still counts. You have two major hurdles to clear; first, the charges themselves, and second, the fact that you did not have them listed in your application and you failed to mention them while at MEPS. The application nor MEPS leaves ANY doubt that you must divulge any and all prior police involvement no matter what your recruiter, a judge, or lawyer may have told you. MEPS and the Marine Corps processors cover this specific question more than once, yet, you remained silent.

    You would be amazed at how many lawyers I have conversed with and educated over the years while maintaining this blog concerning this very topic. Judges and lawyers have no business telling anyone who is and who is not eligible or otherwise qualified for military service. I wish there was some way of communicating that to everyone of them, so the misinformation would stop. Similarly, I wish they would tell folks that when a record is sealed or expunged, the record of arrest will always exist regardless — as you have found out.

    I wish you the very best of luck. I do hope things work in your favor.

  20. Ben [Last name redacted for privacy] Jr. says:

    Thank you so much for replying back to me. I’ve been up all night worrying about this. I understand now I should have spoken up soon, however, when I mentioned this to my recruiter prior to going to MEPS they told me it wasn’t that big of a deal. I will still do everything I can to get approved. And yea the felony count is tricky because on my official records I have nothing on it. Even the clerk who gave my records to my SSgt said I only have a misdemeanor. Do you think it’s still possible to get approved? I think it will be because both of my SSgt vouched, and the Master Sergeant down at headquarters made me write two essays o why I want to become a marine and why they should let me in. Plus they had a big meeting so I don’t think they would go through all this trouble only to deny me especially when my ASVAB scores are impressive and I wanted to go the officer route. I’ve recently went down to Camp Pendleton with my CO to talk to the Master Sergeant. Do u know the exact steps on how and who would have to approve the waiver sir?

  21. Ben [Last name redacted for privacy] Jr. says:

    Also sir I would also add that I only spent two months in juvy due to not wanting to return home because of the strained relationship with my father so I opted to stay until they found a suitable group home for me. I did some digging and a major misconduct offenses seem eligible if the person served more than a year I was literally out of juvy in two months and never sentenced to do time. Hope this helps

  22. NCCM(Ret) says:

    Ben,

    The waiver authority for any adversely adjudicated felony charge is the commanding general for Marine Corps recruiting command. I, too, think that your recruiter and his local command believes the commanding general will eventually approve the waiver or they would not be going through the effort. I know the specific steps for Navy waiver processing, I do not know the Marine Corps policies for achieving the same. I know that the commanding general is the waiver authority for Major Misconduct offenses because that is dictated by the Department of Defense which makes it policy for all branches.

    If by chance they do not find the felony charge to be adversely adjudicated, and, frankly, I don’t know how they could based on what you wrote, then the waiver authority would be the local commanding officer — not the general.

  23. NCCM(Ret) says:

    Ben,

    It isn’t about how much time you served, it is about how much time the court could impose based on the charge’s statute; regardless, any charge that is charged a felony is automatically a Major Misconduct Offense — also, a charge does not have to be a felony, nor does it have to carry a minimum of one year confinement for it to be a Major Misconduct if the charge has been specifically listed by the Department of Defense as a Major Misconduct — for example, larceny of more than $500 in value — some states have a higher dollar amount threshold for grand theft than others.

  24. Ben [Last name redacted for privacy] Jr. says:

    Thank you for your insight sir. I pray I get in.

  25. NCCM(Ret) says:

    Ben,

    I do hope things work out! I do hope others can find and read your story before they make a similar mistake.

    To all who may read this, make sure you answer honestly in your application no matter what a recrutier, judge or lawyer may tell you — remember, you are the one signing the application and you are the one accountable!

  26. Brian says:

    I was charged with an ungovernable child charge when I was in the 7th grade and am hoping to enlist in the Navy. Does it need a waiver, or am am I good to go as long as I list it on my paperwork?

  27. NCCM(Ret) says:

    Brian,

    The charge must be listed in your application. It has been my experience with such an offense that there were either other charges (runaway, truancy, etc.) or numerous school suspensions, and/or the individual had to attend some sort of counseling. Be prepared to produce the associated paperwork/counseling documents.

  28. Jude. says:

    Couple years back I got a civil violation for a marijuana grinder, I got a failure to appear for that ticket also am I still eligible for a seal contract?

  29. NCCM(Ret) says:

    Jude,

    I have answered your question when you first asked in as a comment to the Drug Waiver article.

  30. Desmond [Last name redacted for privacy] says:

    Hello

    I am curious in either joining one of the many branches however I have 4 mips (under 21 with alcohol in body) and one unruly gathering. What are my chances of getting my moral waiver approved if I were to request one?

  31. NCCM(Ret) says:

    Desmond,

    For the Navy, you require waiver approval, due to your four alcohol related offenses, from the Commander, Navy Recruiting Command. Those waivers are difficult, yet possible if otherwise fully qualified, to get.

  32. Pete says:

    I tried to enlist in several of the branches about 8 years ago. It seemed the marines would have been my best chance at getting in. So here is the background I’m dealing with guys. I am about to graduate with a Bachelors of Nursing and again am thinking about joining and have thought about joining the Army or AF as a commissioned officer. Problem is I have an extensive record from my juvenile days: unlawful use of telephone, attempted theft, possession of alcohol, 2 drinking tickets, possession of pot, obstruction of justice, a doctor prescribes me a medication called adderal, I’ve been through a divorce, and I did group consoling as part of a deal with the school to shorten the amount of games I would be suspended for in high school as a result of the drinking tickets. Its been over ten years since most of this youthful shenanigans took place and I full regret the person I was back then, but I am a complete different man now with dreams and goals that far exceed the boy I once was. What are my chances guys?

    Thank you for any feedback, it will be greatly appreciated.

  33. NCCM(Ret) says:

    Pete,

    You require three waivers; a medical, alcohol abuse and a conduct. If any of your charges were initially charged as a felony (or if the theft was greater than $500 in value) — you are not eligible even if the charge was reduced after a plea. All of your police, court and medical records must be reviewed. However, for officer programs when you require a conduct or alcohol abuse waiver — selection is not very likely because you are competing for the limited openings with people that may have never had even a speeding ticket. I recommend that you contact your local Navy officer recruiter and ask whether or not they would be willing to submit your application (they would know what the current selection climate is specific to the designator which you would be applying).

  34. Doubtful says:

    Hello! From what I’ve gathered from the information in the different links I have many traffic violations: driving without insurance, driving without a license, driving with a suspended license, FTA for traffic violation, improper lane change (not listed but I assume its a T-V) and one more, I think. I don’t know if it was a charge or not so I’ll just say 6. It all happened during two separate accidents years apart.

    I’m 26, have a GED, but I have some college and a certificate for medical assisting. I’m married with two kids. I haven’t taken the ASVAB yet so I’m not sure what I would score. I have talked to a recruiter but we didn’t have time to get in depth of what my traffic violations were. He did say as long as I get everything taken care of (still paying on the two tickets) getting waivers would probably be easy as long as my ASVAB score was good but I know not to believe what a lot of recruiters say. Do I have a chance of even getting accepted? Thanks for any help.

  35. NCCM(Ret) says:

    Doubtful,

    As long as you are otherwise fully qualified and the tickets are paid in full, approval of the Conduct waiver required for the traffic violations should not be a problem. You will also require a Dependency waiver, but those are easy as long as your total monthly family debt is not excessive when compared to your monthly basic military pay.

    The most difficult part of the process will be getting one of the very limited Tier II education (GED) openings. If your recruiter is working with you, he must think your chances for gaining one of them is good.

  36. Ryan says:

    I have disorderly conduct and possession of narcotics (mdma/Marijuana) on my record. Got the disorderly conduct expunged and the possession charges dismissed. Going for infantry for marine corps. Possibilities? All are misdemeanor offenses. I’ve stayed sober got involved with the church, help the homeless, I am not an addict. Anything to boost chances on successful waiver? Written statements from judge? Written statements from the church? Doctors?

  37. NCCM(Ret) says:

    Ryan,

    Having a charge expunged or dismissed after it has been adversely adjudicated changes nothing for military waiver purposes. For what opportunity might exist in the Marine Corps, you would need to contact your local MC recruiter. Minimally, you need a Conduct waiver to be considered at the highest level.

  38. Will says:

    I am interested in joining the navy to become a Corpsman. I received an open container citation last fall after I was a 21. I paid the fine and everything is fine but when talking to my recruiter he told me I was ineligible to become a corpsman due to my open container citation. Is this true?

  39. NCCM(Ret) says:

    Will,

    With an adversely adjudicated alcohol related offense, you are ineligible for the HM rating. No programs waivers are authorized.

  40. Jay says:

    When I was 14 I was arrested for Petit Theft (misdemeanor), I did not have to go to Juvenile Court, but instead was put through a teen court program that I completed and as a result no conviction is listed on my record. I believe this is considered to be a Non-Traffic Offence because maximum confinement under local law is 60 days. Do I need a waiver or do i just need to list it on application?

  41. NCCM(Ret) says:

    Jay,

    Any adversely adjudicated theft is minimally a Misconduct Offense — even if it was just a piece of candy, and you only had to say you were sorry for taking it.

    If that is your only charge, then you would not require a waiver, per se, you would require a Commanding Officer’s determination. Yes, they are essentially the same thing; the process is the same, but it is easier to obtain. Just be able to articulate why your actions were bad and that you learned something from it.

  42. Jay says:

    NCCM,

    Thank you so much for clearing that up for me. It’s been bothering me for a while. You’ve been very helpful, love what you are doing, keep it up.

  43. Ike says:

    I have a public intoxication, can I get a waiver for OCS in the National Guard? ASVAB is top of the charts.

  44. NCCM(Ret) says:

    Ike,

    A waiver is possible, but you would have to ask the National Guard whether or not one is likely. For officer programs, the ASVAB is not required.

  45. Phil says:

    I received adverse adjudication for providing alcohol to someone under 21 years old (above 18 years old) 3 years ago, I assume that makes me ineligible for the HM rating. Is that correct? Would it still be possible to comission as a medical professional if I attain the appropriate education? Thank you.

  46. NCCM(Ret) says:

    Phil,

    For Navy officer programs, and there are a handful of designators from those in the Medical Service, Nursing, and Medical Corps, they do not instructionally restrict alcohol related offenses as does the rating managers for Hospital Corpsman. However, when the board for selection does meet, they take into consideration each and every life event in one’s history. One designator may be more lenient than another, especially for a designator that is hard to fill. For example, Nurse and Medical Service Corps may be more strict than the Medical Corps — Doctors are difficult to find.

    Bottomline, if you make it to the board itself, if you are otherwise more competitive than a person without a similar charge, you might be selected over that person. The HM rating is not a hard to fill rating — they have tons of folks ready to take it, so they are strict; then can afford to be.

  47. Sanders says:

    I have been charge with conspiracy which is a felony but completed P.T.I which required 60 hours of community service & a 8 hour class. The charge was expunged off my record and I wanted to know if I would get a waiver for a conspiracy charge

  48. NCCM(Ret) says:

    Sanders,

    Currently, the Navy is not entertaining conduct waivers for Major Misconduct Offenses. The fact that a charge may have been expunged is totally irrelevant.

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