How can one join the Army with an extensive criminal record?

2018-09-26T07:50:49-04:00

My brother went to a recruiter yesterday and was told it would not be possible to join, due to (roughly) 7 years ago where he had a year or two run of multiple DUI's, burglary/larceny charge's downgraded to a deferred punishment. I know it is possible to get a waiver, but is there actually a limit to what is waiverable? I would not even ask if I didn't believe in his character. He has been forced to make significant changes in his life, but he cannot professionally grow in any way currently and would do anything to be able to join.

I am wondering if anyone with some recruiting experience can give me insight to possible solutions to his problem, such as expunging his record via court/lawyer, simply talking to a different recruiter, etc.?

Response by SSG Private RallyPoint Member made Sep 26 at 2018 7:52 AM

2018-09-26T07:52:59-04:00

Multi Major conduct is usually a disqualified. In the processing, any action taken to lessen a charge, is called an “Other adverse disposition” and claims guilt for the original charge.

Response by SSG Private RallyPoint Member made Sep 26 at 2018 7:55 AM

2018-09-26T07:55:29-04:00

... continued.... patterns of misconduct in the past have to be evaluated, all court and police records have to be obtained, interviews with company and battalion waivers, AND due to recent changes in waivers, major misconduct waivers, the applicant MUST score 50+ and the ASVAB. please feel free to DM me if you have any questions.

Response by SSG Private RallyPoint Member made Sep 26 at 2018 7:56 AM

2018-09-26T07:56:38-04:00

Continued again.... an expungement seals local records form public eye, not from FBI case history.

Response by SFC J Fullerton made Sep 26 at 2018 9:48 AM

2018-09-26T09:48:56-04:00

Just based on what you have stated, the burglary is a felony, and the larceny may be too depending on the value (based on AR 601-210, not local statutes). Even if the charges were downgraded conditionally based on a deferred punishment, the Army still considers it an "other adverse disposition" and the felony(s) still stands. Add in the 2 DUI's, he is disqualified, no waiver considered. Applicants must declare all charges, and expunged charges still count. As SSG Yax said, his record will show on FBI background checks when his fingerprints are ran, regardless if expunged by local courts or was a juvenile record. The only difference with talking to another recruiter is maybe getting one that will string him along for awhile with false hope that a waiver is "possible", but he still isn't getting in.

Response by SFC Private RallyPoint Member made Sep 26 at 2018 12:33 PM

2018-09-26T12:33:59-04:00

They aren't letting in people with criminal histories anymore. They did lower that standard around 2005-2008 during the surge and need for more soldiers. The "moral" waivers. Then they got rid of that during drawdown.

I'm not a recruiter but having known friends who have done it...I don't think he's going to get a waiver for all that. This is why people need to realize that their actions in youth can and do impact their future.

Response by SFC James Heath made Sep 26 at 2018 2:00 PM

2018-09-26T14:00:16-04:00

The days when a judge gave a first time offender the option of going to jail or serving in the military are long gone in the past. Thank god.

Response by SFC Ralph E Kelley made Sep 26 at 2018 3:56 PM

2018-09-26T15:56:14-04:00

There's always the French Foreign Legion if he's looking for a life change by joining a military.
- No pun intended and I am serious.
He better tell them the turth.
If they accept him, it will be because he did tell the true story - about everything.

Response by Jerry Rivas made Sep 26 at 2018 9:00 PM

2018-09-26T21:00:00-04:00

The ARMY probably views him as a potential problem child. And they are possibly right.

Response by TSgt Private RallyPoint Member made Sep 27 at 2018 11:44 AM

2018-09-27T11:44:29-04:00

I’m sure your mother loves her criminal son, but multiple DUI’s and burglary/larceny? I wouldn’t want him to have my back.

Response by SFC Private RallyPoint Member made Sep 27 at 2018 2:48 PM

2018-09-27T14:48:09-04:00

Anything and everything can be waived... even a serious criminal history... all depends on the needs of the military and how much work the recruiting station is willing to do

Response by Jc McGraw made Sep 28 at 2018 8:17 AM

2018-09-28T08:17:30-04:00

I know when I was talking to the Commander of the MEPS center when going into the Air Force, I told him about a parking ticket I had gotten from the Marshall University police once when I was visiting my wife. I had forgotten all about it, and had to go to the University and pay the fine. Spent numerous days trying to track down the ticket, even having to go to the city police department. No one had a record of it anymore. But it was a real pain to get it cleared.