Can You Join the Military with Misdemeanors?

Table of Contents

Introduction

Joining the military is a noble pursuit, but one that requires applicants to meet certain standards of moral conduct. One of the questions that often arises is whether a person with a misdemeanor conviction can join the military. While the answer is not a simple yes or no, it's important to understand the nuances of this issue.

Misdemeanors and Military Enlistment

The military requires applicants to be of good moral standing, which generally means they should not have committed any serious crimes. Misdemeanors, by their nature, are not as severe as felonies, but the military does consider the severity, frequency, and age at which the misdemeanors were committed. Any applicant with multiple civil convictions or other adverse dispositions for a misdemeanor offense may still apply, but will require a waiver. The waiver approval authority lies with the recruiting battalion commander or other designated officers.

Typical Misdemeanor Offenses

Misdemeanors that could affect enlistment include, but are not limited to, offenses such as assault, battery, carrying a weapon on school grounds, driving while intoxicated, and possession of marijuana, among others. Even if these offenses are charged or convicted as misdemeanors, the military may still classify them as serious offenses.

The Waiver Process

Certain offenses are not eligible for a waiver. These include individuals currently under civil restraint (such as probation, parole, or incarceration), individuals convicted of certain domestic violence crimes under the Lautenberg Amendment, those found guilty of sex crimes, drug trafficking, individuals with multiple convictions for major misconduct offenses (i.e., felonies), and those with multiple convictions for misdemeanors among other conditions.

A moral conduct waiver is required for individuals with one major misconduct offense, two misconduct offenses, or a pattern of misconduct. The term "conviction" in this context includes pleas of guilty, nolo contendere (no contest), and other adverse adjudications, such as fines, community service, and imprisonment.

Expunged or Sealed Records

Even if a conviction or adverse adjudication has been expunged, set aside, or sealed, waivers will still be required, and applicants are required to disclose the underlying offenses. Federal law requires disclosure of any past charges or arrests, including sealed and/or expunged criminal cases and juvenile records. However, having a conviction expunged, vacated, set aside, or sealed can increase the chances of receiving a waiver as it demonstrates that the court considers the individual rehabilitated.

How Misdemeanors Can Affect Military Career

Having a misdemeanor on your record can affect various aspects of your military career. Here are some ways it might impact individuals looking to enlist, or those who are already serving:

1. Enlistment Eligibility: If you're trying to enlist in the military, having a misdemeanor on your record could make it more difficult. The military considers your moral character when determining eligibility for service. Depending on the nature of the misdemeanor, you may be required to obtain a moral waiver to enlist. Each branch of the military has its own standards and criteria for waivers.

2. Security Clearance: Military personnel often require security clearances for certain roles or assignments. A misdemeanor may affect your ability to obtain or retain a security clearance, especially if it involves dishonesty, drugs, or other issues that could indicate a lack of judgment or reliability.

3. Promotions and Advancement: Service members with misdemeanors on their records might face difficulty in advancing through the ranks. Military promotions often take character and conduct into consideration. A misdemeanor could be seen as a mark against your character, potentially limiting your chances of promotion.

4. Overseas Assignments: Some countries have restrictions on entry for individuals with criminal records. Having a misdemeanor could limit your options for being stationed overseas or participating in international assignments and exercises.

5. Professional Military Education: Many military career paths require completion of specific training or educational programs. Sometimes, having a criminal record could disqualify you from participating in these programs, thereby affecting your career progression.

6. Re-enlistment: If you are already serving and wish to re-enlist, a misdemeanor can make this process more complicated. The military might view the misdemeanor as evidence of a lack of commitment to the values and discipline expected of service members.

7. Disciplinary Actions: If a service member is convicted of a misdemeanor while serving, they could face disciplinary action under the Uniform Code of Military Justice (UCMJ). This could include loss of pay, reduction in rank, or other punitive measures, which would significantly impact their career.

8. Discharge Status: A misdemeanor might affect the type of discharge you receive upon leaving the military. Instead of an honorable discharge, you might receive a general or other than honorable discharge, which can have long-lasting effects on your ability to receive veterans' benefits and find employment.

9. Loss of Benefits: If the misdemeanor leads to a less than honorable discharge, it might result in the loss of military benefits, including the GI Bill, which can be crucial for education and career transition.

10. Reputation and Peer Perception: Last but not least, a misdemeanor can impact how your peers and superiors view you, which can have an indirect but significant impact on your career opportunities and work environment.

Conclusion

While it is possible for an individual with misdemeanors to join the military, the process involves additional steps such as applying for waivers. The military takes into account the nature, frequency, and age at which the misdemeanors were committed, and some offenses may render an individual ineligible for a waiver. Honesty and transparency about past offenses, even those expunged or sealed, are essential in the application process. If you're considering joining the military and have a misdemeanor on your record, it may be helpful to consult with a legal professional to understand your specific circumstances and options.