Can Someone with a Felony Join the Military?
The answer is yes, but with some limitations. The United States military has a complex and nuanced process for considering applicants with felony convictions. The outcome depends on various factors, including the type of felony, the circumstances surrounding the conviction, and the applicant’s behavior since the offense.
What are the Eligibility Requirements for Military Service?
To be eligible for military service, applicants must meet certain basic requirements, including:
• Age: Between 17 and 35 years old (with some exceptions for older applicants)
• Citizenship: A U.S. citizen or a permanent resident (with some exceptions for non-citizens)
• Education: A high school diploma or equivalent (with some exceptions for older applicants)
• Physical and Mental Health: Must pass a physical and mental evaluation
Felony Convictions and Military Service
The military has a three-part process for evaluating applicants with felony convictions:
- Initial Screening: The military reviews the applicant’s criminal history and checks it against the National Crime Information Center (NCIC) database.
- Conditional Release: If the initial screening reveals a felony conviction, the applicant is offered a conditional release, which requires them to undergo an additional evaluation and provide detailed information about the offense.
- Background Check: If the conditional release is approved, the military conducts a thorough background check, including a fingerprint-based check and an investigation of the applicant’s activities since the offense.
What Types of Felonies May Disqualify Someone from Military Service?
Some felony convictions can be disqualifying for military service, including:
• Violent Crimes: Murder, manslaughter, aggravated assault, robbery, burglary, arson, and other violent offenses.
• Drug-Related Crimes: Drug trafficking, drug possession with intent to distribute, and other drug-related offenses.
• Property Crimes: Theft, burglary, fraud, and other property crimes.
• Sex Offenses: Sexual assault, rape, child pornography, and other sex-related offenses.
What About Pardons and Expungements?
If an applicant has received a pardon or expungement, it may not necessarily disqualify them from military service. However, the military will still review the circumstances surrounding the conviction and the applicant’s behavior since the offense.
Consequences of a Felony Conviction on Military Benefits
If an applicant with a felony conviction is allowed to join the military, they may still face some consequences, including:
• Delayed Enlistment: The applicant may face a delay in enlistment or commissioning due to the felony conviction.
• Limited Career Options: The applicant may be limited in their career options due to the felony conviction.
• Potential for Dishonorable Discharge: If the applicant is discharged due to misconduct related to the felony conviction, they may be eligible for an Other Than Honorable (OTH) discharge.
Examples of Felonies that May Not Disqualify Someone from Military Service
Some felony convictions may not necessarily disqualify an applicant from military service, including:
• Simple Possession: Possession of a controlled substance or drug paraphernalia with no intent to distribute.
• Misdemeanor Theft: Theft-related offenses that are considered misdemeanors.
• Expunged Convictions: Convictions that have been expunged or sealed by a court.
Conclusion
While a felony conviction can be a barrier to military service, it is not necessarily a definitive disqualifier. The military considers each application on a case-by-case basis, taking into account the type of felony, the circumstances surrounding the conviction, and the applicant’s behavior since the offense. By understanding the eligibility requirements and the military’s process for evaluating applicants with felony convictions, individuals can better prepare themselves for a successful career in the military.
