If the felony occurred when you were a juvenile you have a better chance of getting in the military but if the felony occurred as an adult you may have a hard time getting in, if at all. In either case it all comes down to the type of offense and how long ago it was. When you apply to the military you are required to tell the recruiting of any incidents that resulted in arrest or in charges being filed. It is a felony not to disclose this information. The military requires under federal law that such records be revealed on enlistment and security clearance paperwork.
Failure to do so is a felony. Congress and the courts have held that Title VII of the Civil Rights Act of , which ensures all individuals are treated equally before the law with respect to civilian employment, does not apply to the military profession. No less than seven major Supreme Court decisions are distilled in the these words from Goldman v. You are likely to be asked, in a recruiting office setting or something similar to it, the following question:.
Some may lie about their history to a recruiter. And some may even get away with the lie long enough to be given a slot in basic training and beyond. Fraudulent enlistment is listed under Article 83 of the Uniform Code of Military Justice UCMJ and is punishable by dishonorable discharge, and up to two years of confinement. How is fraudulent enlistment detected? It depends on the deception.
In cases where a military member lied about their physical condition and the deception is later uncovered through a physical exam or other means, it may be reported via military medicine channels.
In cases where someone lied about a criminal record and later requires a background investigation for a security clearance, the vetting process may reveal the fraudulent enlistment. However it is uncovered, the punishment may vary depending on the nature, severity, and visibility of the issue—the process requires actions at varying levels of the chain of command up to and including your base or area commander depending on circumstances.
We know from the discussion above that lying to enter military service is a very bad idea. But how does the military approve those who have criminal records for a career in uniform? The first step, as mentioned above, is to prevent any surprises for your recruiter by being as honest as possible in the screening process. It is NOT safe to leave out information about expunged or sealed criminal records in your interview or screening. Documentation is critical in the waiver process—you should expect to gather as much supporting evidence that you deserve a waiver as possible.
Some sources go as far as to advise you try to get a letter of recommendation from a prosecutor or judge involved in your case—such affirmations can lend a great deal of weight to your case. Moral standards for enlistment deal generally with the acceptability of persons with records of court, convictions or adverse juvenile judgments.
The standards screen out persons who may become serious disciplinary cases and who could bring harm to the military mission. In addition to the initial screening, recruiters conduct interviews of applicants with criminal backgrounds. The screening procedures are lengthy and extensive. Each applicant is required to disclose incidents that resulted in charges being filed or an arrest. Additionally, to ensure equal treatment of all persons applying got enlistment, under Title 32, Chapter V, Section While under State law, the applicant with a pardon, expungement or dismissal has no record of conviction; a waiver is nonetheless required to authorize his or her enlistment.
Failure to disclosure this information or providing false information is considered a federal offense. Applicants who have three or more civil conviction or other adverse dispositions for minor non-traffic offenses are required to obtain a waiver.
Section The applicant must reveal all offenses committed as a juvenile, including offenses that have been expunged, dismissed, sealed or pardoned. Under Section Failure of an applicant to disclose his or her juvenile offenses is considered a federal offense. An arrest or questioning that did not result in charges does not require a waiver. Similarly, charges that were dismissed without determination of guilt do not require a waiver.
Felonies are the most problematic of recruitment offenses. The U. Armed Forces utilize their own definitions of what constitutes a felony.
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