In recruitment situations where these issues are present, the Army requires a waiver application and approval process. The waiver requires personal statements from the recruit giving full details of all contact with law enforcement as relevant to the waiver. Supporting evidence, letters from friends and family, court documents, and other paperwork is required to support your case.
Waivers are NOT automatic, and review of the waivers takes time. Recruits should know that time is of the essence—there is a limited amount of time you can be given to apply for the waiver and have it considered by an Army board. Not all branches of service handle these issues in the same way. The Marine Corps , for example, seems to be the least forgiving of all the services where waivers are concerned. One military-oriented publication notes that the Marine Corps handed out more waivers for medical issues in than for issues related to misconduct or legal trouble.
You may have an easier time obtaining a waiver in the Army, Navy, or Air Force than the Marine Corps depending on recruiting issues at the time. Criminal record or no, all who want to enter military service are required to submit to a background check which includes questions about past legal issues. You are likely to be asked, in a recruiting office setting or something similar to it, the following question:.
Having a conviction expunged , vacated , set aside or sealed increases the chances of receiving a waiver. While you still need to disclose a cleared conviction, having it cleared shows that the court has forgiven the offense or considers your rehabilitated. Contact an attorney who specializes in record clearing to discuss your options on increasing your chances on obtaining a waiver or removing the requirement to obtain a waiver.
So it is very important to do all you can to clear your record as much as possible, before you request a waiver. Offenses that cannot be waived include: 1 being intoxicated or under influence of alcohol or drugs at the time of application, or at any stage of processing for enlistment, 2 person under civil restraint, such as confinement, parole, or probation, 3 civil conviction of a felony with three or more offenses, 4 three or more DUIs.
Additionally, applicants who have received more than four civil convictions or other adverse dispositions for misdemeanor offenses are unable to obtain a waiver. As such, recruiting personnel will not help the applicant in releasing him or her from a pending charge so that he or she may enlist in the Army as an alternative to further prosecution. If all civil restraint is ended and there is substantial evidence of rehabilitation as a law-abiding member of a civil community, the applicant will be processed for enlistment.
To learn more about clearing your record, you can go through our extensive expungement information and education library. Olga Sattarova holds a juris doctor from the University of Utah's S. Quinney College of Law. Mathew Higbee Esq. Our attorneys are highly rated with 4. Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The length of this period depends on the offence. You must tell us about any unspent convictions you have. You need to be honest — if you hide a conviction before joining up, you could be prosecuted later. Remember, there is no penalty for talking about your past with a recruiter. Read on to find out more about how run-ins with the law can affect your joining the military. We can put you in touch with recruiters from the different military branches.
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