View Full Version : Felony and the Army - Can you rejoin?


prdrmewf
10-24-2006, 10:41 AM
Does anyone know of anyone who has went into the Army with a felony charge or has been allowed to rejoin?

FriscoLady
10-24-2006, 04:06 PM
Not that I know of, however, in the old days the courts used to give you a choice the military or prison.

Who knows with this war going on it might be possible, but I doubt it.

Patti

prdrmewf
10-24-2006, 08:37 PM
I will keep you updated as we sure are going to give re-joining a try.

ryanNmiami
12-01-2006, 12:16 AM
It's going to "hurt" for all the services. But, some services it will make it "impossible," while other services, it may still be possible, depending on the circumstances of the case.

Nobody can say with any guarantee. In large part, it's going to depend on the circumstances of the case.

Your recruiter can apply for a "Morals waiver" there are 5 levels of offenses level one being the most serious and declining examples of a level 1 offense would be bribery,murder,burglary,kidnapping while a level 5 would be things like traffic violations.

The Army is going to want to view the arrest record, as well as the court record in making their decision. Based on such, they'll decide whether they think you actually committed the offense, or not, and your waiver request will be based on that evaluation.

Assuming a waiver is required, whether or not a waiver is approved is based on several individual factors, including the exact circumstances of the offense, the age of the offender at the time, how much time has passed, the applicants other qualifications (ASVAB scores, college credits, etc.), and how bad that particular service needs this particular warm body, at this particular point in time.

In other words, the more a particular branch needs recruits, at that time, the more likely they are to favorably consider a waiver request. Assuming a waiver is required, based on the current recruiting situation, the chances of waiver approval for each of the branches (from most favorable to least favorable) are (in my opinion) as follows:

Army National Guard
Army Reserves
Navy Reserves
Active Duty Army
Marine Corps Reserves
Marine Corps Active Duty
Active Duty Navy
Air National Guard
Air Force Reserves
Coast Guard Reserves
Active Duty Air Force
Active Duty Coast Guard

hope this helps

Ruhlman
12-05-2006, 03:55 PM
If you are a convicted felon, you are, per Federal law, prohibited from possessing firearms. As far as I know, there is no exception in the law for members of the military. The same can be said of those convicted of misdemeanor domestic violence charges.

DeNada
12-10-2006, 11:28 PM
Ruhlman,
You make a good point. Under the Violence Against Women Act, any person convicted under any domestic violence statute (misdemeanor or felony) is strictly prohibited from possession or purchase of a weapon of any kind. No exceptions. I've had clients who want to keep their hunting rifles and have been instructed in no uncertain terms that they cannot. Our judges tell defendants all the time that the conviction will prevent them from enlistment in the armed forces, law enforcement, etc.

ryanNmiami
12-15-2006, 12:24 AM
If you are a convicted felon, you are, per Federal law, prohibited from possessing firearms. As far as I know, there is no exception in the law for members of the military. The same can be said of those convicted of misdemeanor domestic violence charges.

Actually, as far as federal law concerned it is *possible* for the military to waive up to 1 Felony count . It is a case to case basis and its not likely. There are some Felonies like the ones in level 1 which are not likely to ever be waived. In the same breath, id like to mention that weather you were just arrested for an offence or weather you were *convicted* holds no weight... they look at the arrest report and court reports.. if you got off on a technicality or pled no contest it doesnt make any diffrence.

I am just trying to answer this question from the military's policy..

ExUSDBmember
02-26-2007, 12:47 AM
If you are a convicted felon, you are, per Federal law, prohibited from possessing firearms. As far as I know, there is no exception in the law for members of the military. The same can be said of those convicted of misdemeanor domestic violence charges.

There are exceptions of USC 18 924(g) that allow for police exemption to carry firearms in the line of duty.