Expert: MARK A. HOWELL - 10/4/2009

Question
I am currently trying to enlist in either the army or the navy. my record consists of multiple CWOF felonies but have no guilty's. i am wondering the best way to go about waivers or if there is anyway other than that to get around it. i have tried going to college for a year and it just wasn't for me. i worked construction for a year and the money is just not good enough. i really want to better myself and i feel the military can do so but i have come to realize that my record may effect it. if you could offer any advice for me to get in that would be great.

Answer
Brian,
Are you by chance from Massachusetts?  Just wondering, because it is commonly used there.  Basically it is an admission that you understand there are sufficient facts to find you guilty of the charges, but you still don't believe you're guilty.  It is used to prevent overcrowding of jails for "minor" offenses like drug or marijuana possession charges, assault, and many driving charges such as 1st offense OUI charges, operating on a suspended license or without a license or insurance, reckless driving/operating to endanger, etc.

Be advised, there are two very important documents that will NEVER disappear, even though you weren't actually guilty.  The Records of the Arrest and the Record of the Action of the Court, (this document is usually what you signed in order to qualify for the CWOF.  This paper, with your signature on it, also contains your plea of "nolo contendere" (no contest) or whatever your plea was.)  They are public records, and they will never go away.  Even though CWOF is not a conviction, and even though your charges have been dismissed with a final court disposition stating "NO FINAL CONVICTION" and "NO FINDING OF GUILT", the person is usually treated by the public as if he/she had actually been convicted.  When banks and lending institutions, insurance companies, employers ,schools, etc. see a record of your having been to court, they automatically think "criminal."  It's just the way our society is.  CWOF is also a whole lot easier for you if you know you're guilty and don't think you can beat the rap.  All-in-all it was probably a wise choice on your part.

Having said all that, the military realizes nobody is perfect so they make a few allowances by way of a waiver.  If your charges were minor and there weren't too many of them, they may grant you a waiver, meaning they're willing to overlook your past problems.  You worry me when you say
"multiple CWOF felonies."  "Multiple" may be too many to overlook.  However you have no "guilty" findings, so that's good.

The law says you MUST tell a recruiter about your CWOF felonies.  If you don't it's a Federal criminal offense and you won't skate by with a CWOF this time.  The reason is, they'll run a background check which is actually performed by the FBI.  If they discover something you haven't admitted to, then they'll prosecute you for wasting government time and money.  If they find something you've already admitted to, then it's no big deal because you were honest about it.

A recruiter is the person who processes a waiver for you.  He submits it to his headquarters in Washington, D.C. to see if they'll accept you.

Normally I'd say you have a good chance of joining the Service of your choice, but I don't know how many waivers you'll need.  There's no harm in talking to a recruiter to see what he can do for you.  If one Service says no, then you can always try another.  Sometimes one is more lenient than another.

Thanks for considering the military.  It's a wise choice and a step in the right direction toward turning your life around.
Colonel H