How Criminal History Can Affect Military Enlistment

"Criminal record" doesn't usually sound great to any employer, and the armed forces have especially high standards of morality. They are also given a lot of liberty to decide who they accept or deny. But "criminal record" can also mean a whole lot of things, and there's a big difference between minor traffic offenses and major felony offenses. But when you're looking to join the military services, there are a lot of factors to consider. So here's what you need to know about how your criminal history can affect military enlistment, and what your chances are of actually joining the military.

What the Military Counts

It's important to remember that the military isn't looking into your criminal record as a matter of paperwork—they're looking into your history as a matter of moral evaluation. Each branch has slightly different criteria for disqualification, but there are certain things that they all look at and consider. Mainly, what counts for them are any instances of conviction or adverse adjudication. Essentially, this boils down to a general principle: if you weren't innocent, it's a problem. If charges are filed, this means that any outcome other than unconditional acquittal counts, including probationary sentencing and other similar outcomes.

The Hard Sells

"Criminal record" can mean a lot of things. Some of them won't automatically disqualify you or may be likely candidates for a moral waiver (something we'll get to later). But others tend to be very hard sells for the military. These records include crimes like sex offenses, dealing or trafficking in illegal drugs, and full convictions of any felony as an adult. And, while this one might seem obvious, it's worth mentioning: any crime, such as domestic violence charges, that deem you ineligible to own a firearm is also going to deem you ineligible for the military.

There are no secrets.

One important thing to realize is that any criminal history can affect military enlistment processing—even sealed or expunged records. The United States military, unlike your average employer, has the ability to view your entire history, including any of the original reports for any arrest, regardless of the outcome. Even if the charges were dropped or you were acquitted, they will know about it. And while this won't necessarily hurt you, it will if you lie—so don't go in thinking that your record is clean simply because you've never been convicted. If you're asked at any stage of the process—primary background check, clearance background check, etc.—if you've ever been arrested, answer honestly. Don't lie, assuming they'll never know, because they almost certainly will. And while the record itself might never have been a problem, lying certainly doesn't reflect the kind of moral character that the military values.

In addition, federal law requires you to be truthful in these interviews, and you could face criminal charges if you try to hide anything.

Not everything on your record counts.

Although no criminal history or arrest records will be withheld, that doesn't mean that you can't enlist if you've ever been arrested: obviously, in these cases, they into account the nature of the crime, extenuating circumstances, and most importantly, your guilt. If you were never charged or were acquitted of a crime, they'll know about it—but in most cases like this, it won't matter. But even so, if you know there's anything in your history that doesn't look good, you ought to get ahead of it. In many cases, especially when charges are dropped, it's not because the person wasn't guilty—it's just because the victim didn't want to go through the legal process of pressing charges, which they may want to avoid for a number of reasons. But if you were proven innocent and acquitted, it's very unlikely that the military will count it.

Juvenile Offenses

A common thought when talking about criminal records is that juvenile offenses should, generally, not carry their effects into adulthood. And for minor crimes, this is generally the case even in the military. But violent offenses, even if only on your juvenile record, are very unlikely to fly in the military. Even if your recruiter agrees to submit a waiver on your behalf, the military is not obligated to even look closely at it and may choose not to spend time on a waiver that involves a violent offense, even if it was in your youth. So it's important to remember that anything in your criminal history can affect military enlistment, even if it was 30 years ago.

What to Do If Your Record Renders You Ineligible

If you have a criminal record that renders you ineligible for the branch of the military you are trying to get into, there are a couple of options. First, you might want to check other branches—it may be that your particular circumstances disqualify you from one, but not another. It may be worth looking into.

But that's not your only option. Although the term 'ineligible' may seem pretty conclusive, there is one more option for you: a military "criminal history", or moral waiver. Moral waivers acknowledge that you are ineligible, but request permission to join anyway due to your specific circumstances and conviction that your history does not accurately reflect your moral standing.

Getting a Waiver

You can't be approved for a moral waiver on your own. If you require a waiver, you need to first go to your recruiter to make your case. If the recruiter agrees, he or she will submit the waiver on your behalf for approval. One of the benefits of being an army recruiter is they have a lot of say, so try to create a good relationship with them. But even if he or she agrees and does so, there's no guarantee your waiver will be approved. A lot of factors can affect this, even beyond the facts of your case and any moral judgmen. Often, when recruitment is high and needs are low, most waivers will be rejected, even if they are considered. But in times of war, or if for any other reason your branch needs to increase recruitment, you have a much better chance of getting a waiver.

The Subjectivity of Waivers

Fortunately or unfortunately, depending on where you fall, current recruitments needs aren't the only uncontrollable factor in whether or not your waiver is submitted or approved. Frankly, once you've been deemed ineligible, neither your recruiter nor your hopeful branch of the military is obligated to take any further action on your behalf.

At this point, whether your waiver is approved or denied is a matter of subjective opinion and decision. Even if your recruiter agrees to submit it on your behalf, there are many factors that can affect the outcome, including those external factors like recruitment needs, that are out of your control.

Final Steps

The truth is, if your waiver has been denied, there's not much else you can do. It's not the end of the world, but it may mean that your particular circumstances just don't qualify you for the military. The only step you can really take (that may actually work, at least) once a waiver has been denied, is to try another branch. First, as I mentioned earlier, different branches have different criteria for disqualification, and your particular circumstances may be better for one than another. But even if you can't qualify for any branch, you may still apply for a moral waiver in each branch. And since it is such a subjective process, getting denied in one branch does not mean you'll be denied in another. So if your Army recruiter denies you, or the Army itself does so, consider trying the Navy or Marines.

Differences Between Branches

If you want to join the military, you probably have a particular branch in mind. But if you're willing to consider different branches, your options increase a lot—especially if you have a criminal record. One thing you may want to look at is the current recruitment rates and needs of each branch. If your waiver was rejected at one branch, it may simply have been because they do not need many recruits and aren't giving much consideration to waivers. Another branch may be more actively considering waivers and give you a better chance.

But there are also simply different standards and practices across branches. In general, waivers are much more likely to be approved by the Army than any other branch, as there are numerous career opportunities in the Army, while the Air Force and Coast Guard tend to be long shots. But that doesn't mean you shouldn't give them a shot—again, the waiver process is a very subjective one, and you may just get lucky. So although your criminal history can affect military enlistment, there are always options worth pursuing. If you're lucky enough to get in, celebrate, make sure you get all the items every Army basic training packing list should have, and know the military has accepted you, criminal history and all.