Second Chances: Military Service After a Conviction
Since there are so many people without a criminal record, you might suppose that the military will not accept anyone with one. This isn’t necessarily true. Although a criminal record is a significant disadvantage, it is sometimes possible to gain admission to the military notwithstanding a criminal record.
One of the best ways you can learn about your options is to contact an experienced criminal defense attorney with knowledge about military law. Until then, read on for further information.
General Prohibitions
Without a waiver, you cannot join the US military if you have ever been convicted of a misdemeanor or a felony. You might need a waiver for juvenile offenses, and you might need a ‘moral waiver’ for offenses such as drug crimes that did not result in legal problems. You might even need a waiver for a traffic offense or a bankruptcy.
Waivers
A waiver is the military’s way of agreeing to ignore certain offenses and let you into the military anyway. Different branches of the military apply different standards to waivers.
The Marines, for example, are notoriously stingy about granting waivers. The special forces are even stricter. To obtain a waiver, you must prove to the military that you deserve one (see below).
Charges That Did Not Result in Convictions
You don’t necessarily need a waiver for a charge that did not lead to a conviction (unless the charge is still pending). Under certain circumstances, however, you might still need a waiver. It depends on the facts of your case and the branch of service you are seeking to join.
In any case, do not try to conceal criminal charges even if they did not lead to a conviction.
Expungements
A court might grant you an ‘expungement’ of certain offenses if you apply for one. Under an expungement, the government erases all evidence of your offense from publicly available records. Records may or may not remain available to law enforcement personnel. Your lawyer might have promised you that you can answer ‘no’ on an application that asks you whether you have ever been convicted of a criminal offense.
Nevertheless, the US military expects you to disclose any criminal convictions, even minor traffic violations, regardless of whether they were expunged. If you answer ‘no’ to the US military on the reasoning that your expunged convictions don’t count, you could end up in a lot of trouble later.
Non-Waivable Offenses
Non-waivable offenses include:
- Murder, manslaughter, or sexual assault
- Offenses relating to the sale, distribution, or smuggling of drugs not necessarily mere possession)
- Terrorism
- Multiple felony convictions of any kind
Keep in mind that this list is incomplete. The military will not waive these offenses no matter how much proof of rehabilitation you present.
Applying for a Waiver
Your recruiter will supply you with a list of documents that you need to apply for a waiver. One of these documents is a personal statement where you should discuss your remorse over your actions. You will also need to prove that you have taken concrete measures to rehabilitate yourself.
The Consequences of Lying About Your Criminal Record
“Have you ever been charged, cited, arrested, fined, or held in custody by a law enforcement agency or official?”
This is the type of question that the US military will ask you. Note that this question is very broad, and it covers incidents that might not even indicate that you were guilty of a crime. Being charged with a crime, for example, doesn’t prove you are guilty of one.
If you lie about your criminal record to gain admission to the US military, success is the worst thing that can happen to you. The reason why it’s bad news is that once you join the military, you give them power over you, and you lose many of the constitutional rights that protected you as a civilian. Dishonesty could come back to haunt you if the military discovers it while you’re still a soldier.
How Lying About Your Criminal Record Can Come Back To Haunt You Years Later
Suppose you gain admission to the military by lying about your criminal record. Years later, you need security clearance to perform certain activities.
The military performs an exhaustive investigation of your background pursuant to your application for security clearance, and they discover your unreported criminal convictions.
The military will deny your application for security clearance and charge you with a crime. In the military, lying about your criminal record is a crime known as ‘fraudulent enlistment.’ You will face a dishonorable discharge and up to two years in a military prison. Don’t risk it.
Contact an Experienced Lawyer for Help
If you are considering joining the military with a criminal record, you’ll almost certainly need legal assistance. At the least, it’s worth getting in touch with an attorney for an initial consultation. You can receive some legal advice about your rights and options at that time.