Can You Join the Army with a Felony Conviction?
The answer to this question is complex and dependent on various factors. While it is not impossible to join the army with a felony conviction, it can be challenging and requires a thorough understanding of the regulations and guidelines governing enlistment. In this article, we will explore the intricacies of joining the army with a felony conviction, providing guidance on what you need to know.
Initial Disqualification
Before discussing the possibility of joining the army with a felony conviction, it’s essential to understand the initial disqualification process. All individuals with a felony conviction are initially disqualified from enlisting in the US Army. This disqualification is based on the 10 USC § 654, which states that the Secretary of the Army can refuse enlistment to individuals with a felony conviction if they have not received a full pardon or have been dishonorably discharged from the military.
Expunged or Sealed Felonies
One of the key factors to consider when assessing the eligibility of individuals with a felony conviction is whether the felony was expunged or sealed. Expunged or sealed felonies are essentially removed from the individual’s criminal record, and in most cases, do not show up in a standard background check.
- Can I join the army if my felony is expunged or sealed? Yes, if the felony is expunged or sealed, it is considered a waiverable offense, and individuals may still be eligible to enlist.
- What types of expunged or sealed felonies are waivable? The answer varies, but generally, non-violent, non-serious, and non-sex-related felonies may be waived. Examples of waivable offenses include petty theft, drug-related charges, or fraud.
Felony Waiver
To become eligible for enlistment with a felony conviction, you will need to request a felony waiver. The waiver process is extensive and requires an in-depth review of the individual’s criminal history and the circumstances surrounding the conviction.
- What are the criteria for a felony waiver? The waiver is based on a comprehensive evaluation of the individual’s:
- Criminal history
- Rehabilitation and rehabilitation plans
- Compliance with court-ordered conditions (e.g., probation or parole)
- Recommendation from a felony waiver authority
- Who makes the decision? A felony waiver authority, typically an officer at the Military Entrance Processing Station (MEPS), makes the decision. The authority reviews the individual’s waiver request and renders a final decision.
Waivable Offenses vs. Non-Waivable Offenses
Not all felony convictions are waivable. Non-waivable offenses include serious and violent crimes, such as:
- Aggravated assault
- Robbery
- Sex-related offenses (e.g., rape, child pornography)
- Homicide
- What happens if my felony conviction is non-waivable? Individuals with non-waivable offenses will be denied enlistment and are not eligible to join the army.
Additional Factors
While the felony conviction is the primary focus of the enlistment process, other factors may also be considered, including:
- Character and conduct – Demonstrated good conduct and behavior since the felony conviction can be a mitigating factor.
- Age at the time of the conviction – Felonies committed at a younger age may be considered less egregious than those committed later in life.
- Subsequent criminal behavior – Any subsequent arrests or convictions may negatively impact the waiver request.
Table: Felony Conviction Enlistment Waiver Requirements
| Eligibility | Required Documents | |
|---|---|---|
| Waivable Offenses | Expunged or sealed felony, request for felony waiver | Expungement/sealing documentation, letter of support, rehabilitation plans |
| Non-Waivable Offenses | No enlistment eligibility | |
| Felony Conviction Denial | None |
Conclusion
In conclusion, it is possible to join the army with a felony conviction, but it requires careful consideration and evaluation of the individual’s criminal history. The initial disqualification applies to all individuals with a felony conviction, but waived felonies can be reconsidered through the felony waiver process. By understanding the intricacies of the process and demonstrating a commitment to rehabilitation, individuals with a felony conviction can still achieve their dream of serving in the US Army.
Remember, enlisting in the army is a significant undertaking, and it’s crucial to thoroughly understand the eligibility requirements before pursuing enlistment. Consult with a felony waiver authority or a Military Enlistment Representative for guidance and support throughout the process.
