You simply cannot join the military if you committed these offenses. Military Lawyer: Allen M., Esq., Lawyer replied 9 years ago Assuming you haven’t been convicted of one of the exceptions listed above, it is possible. Administratively discharged. Your best bet is to contact a recruiter and lay out your case to them. Whether a conviction is considered a felony will vary depending on the underlying crime, the court where it was heard, the state where you are residing, and several other factors. If you’re unsure as to whether or not your felony conviction is grounds for dismissal from consideration of joining the military, it’s best to speak with a lawyer or recruiter to get the full details. As discussed earlier, whether or not you can join the military with a felony conviction really depends on several factors. The Air Force, in particular, can be exceptionally picky about their recruits. If he finds out that he can’t use a firearm, what are his chances of getting in? Several of the other branches, specifically the Marines and Army, can lower the standard during times of war. Veterans rated 20 percent or more are limited to the 10 percent disability rate. Another important consideration is whether or not your felony charge was as an adult or juvenile. Sometimes judges will be a bit more lenient on you if you commit to joining the military. A recruiter we’re working with is pretty sure he can get a waiver approved IF we can find out whether my husband will be allowed to carry/possess a firearm after his probation is completed in August. Hey Cathy, If you’re having trouble, Another complication arises from the fact that special courts-martial were not given the power to impose a confinement of more than one year until a 2002. Hey Nameless, Civil conviction of a serious offense with 3 or more other offenses. Anything having to do with a felony is really handled on a case by case basis, and only the recruiter will know for sure in your specific case. We may earn a commission when you buy through links on our site. In doubtful cases, the following rule should be applied: if the maximum confinement under local law exceeds one year, the offense should be treated as a felony. During my early 20’s my life was heading down the wrong path m which eventually resulted in me pleading guilty to 3 counts of distribution (all in charges in one case) my first and only felony charges. Are you under investigation? The military will also look at the number of charges, along with the combination of the charges before deciding if a wavier will be granted. Best of luck and let me know how it turns out. If you have a specific case or felony conviction / charge that you’re wondering will limit your chances of joining any of the 5 branches of the military, you need to get in contact with a recruiter. 10 U.S.C. While he never actually served in the US Military, he has a passion for writing about military related topics. Additionally, if you’re currently serving a sentence in jail or prison, or are currently facing criminal proceedings, the military will not grant you a waiver. Impact of a Criminal Conviction on Your Military Career Conviction of a crime can have a detrimental impact on anyone's career, but particularly on a member of the military. A felony charge is a serious accusation with potentially life-changing consequences. he’s trying to recruit into the army and get a waiver for it .after his case was expunged he got a approved for 3 fire arms . For a Veteran whose disability rating is 10 percent, the payment is reduced by one-half. show : hide);star4[1].setAttribute('class', score >= 4 ? show : hide);star1[1].setAttribute('class', score >= 1 ? IE, you likely wouldn’t be able to join the Marines. Keep in mind that this does not depend on what the court actually imposed; all that matters is what the court could have validly imposed. The usual legal terms and definitions don’t apply. What was your distribution charge for? Instead, the solution will vary depending on where your conviction arose. Sedition, a serious felony punishable by fines and up to 20 years in prison, refers to the act of inciting revolt or violence against a lawful authority with the goal of destroying or overthrowing it. Yeah I don’t sugarcoat things, that never helps anyone. According to the complaint filed in Knox County Court, the felony charge falls under the Maine Legislature Statute, Title 17, law §1031 for cruelty to animals. General Court-Martial is the highest court in the military justice system. Accordingly, in the event that a person is charged with violation of this offense, the accused person’s defense attorney must evaluate whether conspicuous notice was provided. I was recently in prison from 2010 to 2018 for resisting arrest, obstructing, assault. My husband was convicted of a sex offense with a girlfriend that misled him 3 months after his 18th birthday the case was reduced down to a misdemeanor. That’s a good question, Irene. Despite the notion that juvenile records are “expunged”, a military background check will be able to view any and all records as part of their security clearance. It all depends on the judge presiding over your case, and whether or not he will grant the parole reduction. I’ve had a lot of guys (and a few gals) ask me about whether or not they can join a specific branch with a conviction for DUI, possession, or even child support back payments. What Was Your Primary Reason For Joining The Military? He was convicted of attempted assault with intent to commit gbh less than murder. You still have a fighting chance, though, so I would recommend you visit your local recruiters office to find out for sure. While it may not come with jail or prison time, it is considered bad within the military and may be viewed similarly by potential employers. Your command has charged you with crimes under the Uniform Code of Military Justice. Hi so I was convicted of a domestic violence charge in 2016 I did not know that this would take my gun rights basically me and my girlfriend at the time were arguing she got upset and called the cops on me I have hired a lawyer to get me a set aside and I’m wondering if this will allow me to enlist ? Remain Calm and Polite. or e-mail info@militarylawyer-defense.com. If you are incarcerated for a felony conviction, you can be paid only the costs of tuition, fees, and necessary books, equipment, and supplies. They will know WAY better than I will if you have a shot at getting in. If you were an adult when the felony happened, getting into the military may be much harder, or impossible. However, despite this variance, sometimes it is important to view military offenses through civilian court definitions. These include both felonys and misdemeanors. originally a DWI level 5 but he took a plea bargin for Agg Felony death by vehicle. He can’t get a job right now because of this, which is ridiculous because he didn’t even do anything wrong in the first place (wrong place/wrong time situation). Call the Attorneys at Wallin & Klarich if You are Charged with a Felony Contact our felony attorneys now! My gut tells me he wouldn’t have an issue, but the military can have some weird policies. Regardless, felony cases involving juveniles are used in deciding whether or not a candidate can or cannot join on a case-by-case basis. See our advertising policy here. If your conviction arose from a summary court-martial, it is not considered a felony. FindLaw provides an overview of this particular crime against the government, with historical references. Find A Lawyer Near You – https://lawyers.findlaw.com/, Contact A Recruiter – https://www.todaysmilitary.com/contact-a-recruiter. From what I have been reading I should be able to get one of the felonies reduced to a misdemeanor but I don’t think I will with the other one. Unfortunately I don’t really have an answer. Sedition, a serious felony punishable by fines and up to 20 years in prison, refers to the act of inciting revolt or violence against a lawful authority with the goal of destroying or overthrowing it. My son is serving a sentence for agg felony death by vehicle. However, it is important to note that not all states recognize convictions in special courts-martial as felonies. Thus, it can be more difficult to join if you have a felony conviction. Join any branch 27 yrs old now can I still join 'class ', score > =?! Show: hide ) ; star4 [ 0 ].setAttribute ( 'class ', >. And likely need the ability to carry s examine each case specifically and see what felony... 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