A: This is a very common question. A substantial number of domestic violence charges are frivolous and unprovable cases. Most domestic violence defendants are men, and most enlisted soldiers are men, therefore many young men charged with domestic violence have hopes of joining the military. Each branch has its own standards for criminal history and how it impacts fitness to serve. Therefore, you should talk to your recruiter about how exactly you should handle a criminal charge and how it changes your eligibility.
Conversely, I have brought military recruiters into court to show prosecutors how a conviction would affect the life of a potential soldier. Many courts and prosecuting agencies find this to be relevant. This is no longer the case. Domestic violence charges render a person ineligible to serve for several reasons. First, you are ineligible to possess a firearm if you are convicted of a crime of domestic violence under Federal law. Second, this is seen as a crime of moral turpitude for purposes of the military, and is therefore not acceptable.
It is worth mentioning that the military can issue a morals waiver to allow a person to join if they have a conviction for certain crimes. Excessive traffic violations and certain misdemeanors including DUI are eligible for morals waivers, depending on the circumstances of the offenses. Domestic violence crimes can be eligible for morals waivers, but they are approved far less often than DUI and traffic offenses. Domestic violence misdemeanors can resolve in several ways that renders a person ineligible to serve.
If you plead guilty to the domestic violence charge, you will be generally ineligible for service. If you plead guilty to a lesser charge like simple battery or disturbing the peace, you will be generally ineligible for service. If the adjudication is stayed, you take a class and pay a fine in exchange for the case to be dismissed, you will be generally ineligible for service.
Having a misdemeanor on your record won't disqualify you from enlisting in the Navy. However, any criminal record speaks to your overall moral character, which is an element of your application review by a recruiting officer. Disclosing any criminal history is legally required when you apply. Honesty upfront, especially with distant and minor offenses, is your best bet.
The U. Pursuant to Section Applicants who require a waiver are not qualified for enlistment until a waiver is approved. The burden is on the applicant to demonstrate that his or her acceptance will benefit the military, regardless of his or her criminal past.
If you need one of these waivers, you are not alone. Unless otherwise stated in the waiver document, waivers are valid for six months. Waiver authorities will consider the "whole person" concept when considering waiver applications. Having a conviction expunged , vacated , set aside or sealed increases the chances of receiving a waiver. While you still need to disclose a cleared conviction, having it cleared shows that the court has forgiven the offense or considers your rehabilitated.
Contact an attorney who specializes in record clearing to discuss your options on increasing your chances on obtaining a waiver or removing the requirement to obtain a waiver. So it is very important to do all you can to clear your record as much as possible, before you request a waiver. Offenses that cannot be waived include: 1 being intoxicated or under influence of alcohol or drugs at the time of application, or at any stage of processing for enlistment, 2 person under civil restraint, such as confinement, parole, or probation, 3 civil conviction of a felony with three or more offenses, 4 three or more DUIs.
Additionally, applicants who have received more than four civil convictions or other adverse dispositions for misdemeanor offenses are unable to obtain a waiver. As such, recruiting personnel will not help the applicant in releasing him or her from a pending charge so that he or she may enlist in the Army as an alternative to further prosecution.
If all civil restraint is ended and there is substantial evidence of rehabilitation as a law-abiding member of a civil community, the applicant will be processed for enlistment.
To learn more about clearing your record, you can go through our extensive expungement information and education library. Olga Sattarova holds a juris doctor from the University of Utah's S. Quinney College of Law. Mathew Higbee Esq.
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