Can You Get in the Military with a Felony?
The United States military offers a wide range of benefits and opportunities for those who are willing to serve their country. However, individuals with a criminal record may face significant obstacles when it comes to enlisting in the military. In particular, those who have a felony conviction on their record may wonder if they can still join the military.
General Guidelines
Criminal Offense Classification
The Department of Defense (DoD) and individual military services have specific policies regarding individuals with criminal convictions, including felonies. The types of criminal offenses are broadly categorized into:
- Misdemeanors: Non-violent crimes such as traffic offenses, Disorderly Conduct, and petty theft.
- Felony: Violent or serious crimes such as murder, assault, rape, or drug trafficking.
What is a Disqualifying Felony?
In general, felony convictions involving violent crime, drug trafficking, or moral turpitude are disqualifying from military service. These felony convictions will likely prevent you from joining the military, regardless of the circumstances of the conviction.
Felony-Free Zones
Certain areas in the military service are designed to accommodate individuals with past criminal convictions. These are known as:
- Felony-free zones: Areas within a military command or unit that are off-limits to individuals with felony convictions.
Examples of Disqualifying Felonies
Here are some examples of felonies that may disqualify an individual from joining the military:
- Assault and Battery
- DUI (Felony)
- Drug Trafficking
- Murder or Manslaughter
- Theft or Burglary
Military Policy on Convictions
Military services have specific policies and guidelines when it comes to convictions and enlistment:
- Army: Has a minimum 5-year waiting period after the discharge date (if convicted under the age of 17) and a 2-year waiting period after discharge date (if convicted after the age of 17).
- Navy: A 5-year waiting period after the conviction date if the individual is under 17 at the time of the offense; a 2-year waiting period after the conviction date if the individual is over 17 at the time of the offense.
- Air Force: Requires a pardon or expungement from the felony before enlistment.
- Marines: Has no specific time limit for misdemeanor convictions but requires a minimum 10-year waiting period for felony convictions.
- Coast Guard: Has no specific time limit for felony convictions but may consider reinstatement after 5-10 years after the completion of sentence, depending on the circumstances of the case.
Applying with a Felony Conviction
If you have a felony conviction, you’ll need to fill out form DD 2807, which inquires about your criminal record. When applying, it’s crucial to:
- Admit to all convictions: Be honest about your past criminal record to avoid later discovery.
- Be prepared to discuss the incident: Be ready to provide details about the circumstances of the conviction to the recruiters or military commanders.
Recruitment Restrictions
Receiving a "conditional non-approval" or "delayed entry processing" after applying may lead to your application being approved or disapproved. Here are possible outcomes:
| Outcome | Reasons |
|---|---|
| Conditional Approval | Enlistment is approved but with additional requirements, such as re-enrollment classes or mental health evaluations. |
| Delayed Entry Processing | Enlistment is delayed while more information is gathered or as part of the investigation. |
| Non-Approval | Enlistment is not approved due to the conviction, and it’s suggested to re-apply once the waiting period has been met. |
Other Considerations
Before considering enlistment in the military, it’s crucial to assess the potential impacts on:
- Educational Opportunities: Some post-secondary schools may not consider applicants with a felony conviction or may place restrictions on scholarship eligibility.
- Professional Licensing: Certain professions or licenses might be restricted or denied for individuals with felony convictions.
Conclusion
While felony convictions can hinder an individual’s ability to join the military, there are steps that can be taken to increase the likelihood of getting approved. These include understanding the military policies and procedures, being transparent about prior convictions, and being prepared to discuss the circumstances surrounding the conviction.
Remember that each military branch has different policies and considerations when it comes to felonies, so it’s essential to research and understands the specific requirements and procedures for your chosen branch of service.
By understanding the complexities involved in joining the military with a felony, you’ll be better prepared to face the challenges ahead and work towards a rewarding career in the military.
