Expert: MARK A. HOWELL - 8/31/2009

Question
QUESTION: I have read some of the posts regarding juvenile court issues and joining the navy. I met with my recruiter, tested and luckily asked about juvenile records, which I hadn't mentioned thinking it was irrelevant. Anyhow, I was told to go to the court where I was "convicted" of grand theft auto as a juvenile and see if it does indeed show up as a felony on my record. Before I did this, I thought I would ask your opinion. I had recently applied and tested for the Census Bureau and received a letter stating that I may or may not qualify because it appears as though I have come up on an FBI records search and they are looking into it further. You are automatically banned from the Census Bureau with a felony as well. So, should I assume that most likely I do have this felony from 15 years old on my record for all purposes where an FBI background check will be performed? When I was released from probation just before 18 my Probation Officer told me I never had to state that I was "convicted" of a felony because this is not the procedure in juvenile court. Thanks very much.

ANSWER: Stephanie,
Unfortunately your probation officer was talking about most jobs and never thought about government jobs.  As a juvenile your records are sealed to the general public.  Only a federal government agency can look into your records.  And guess who does background investigations for the Census Bureau and the military?...the FBI, a federal government agency.  So the answer is yes, the FBI will see this 15-year old felony on your records.  So there's no need for you to go to the court where you were convicted of grand theft auto as a juvenile to see if shows up as a felony on your record.

Luckily for you, the Navy can give you a waiver, providing you meet all other legal and physical requirements.  The recruiter will process the paperwork for your waiver.

The military operates on a "fiscal" year like many big businesses, not a calendar year.  Fiscal year 2010 starts on October 1st, so don't be surprised if your recruiter asks you to wait a month to begin the process.  The Navy has already reached it's quota for Fiscal year 2009 so they're not giving out waivers right now.

Enjoy your time in the Navy.
Colonel H

---------- FOLLOW-UP ----------

QUESTION: Wow. So glad I'm starting to find this info. out. The felony is actually over 15 years old; I committed it when I was the age of 15. I obtained my A.A. in Administration of Justice and am currently pursuing my B.A. in the same. Needless to say, I have never worked in this field or I would have been denied. I have always been in marketing and was fortunate. This economy is nothing like I've ever scene, and therefore prompted me to look at additional opportunities, which is when I looked at the Navy. I was so excited after the initial test because I scored an 87 and my recruiter said that would give me multiple training/job opportunities. It's a wonder to me why my probation officer, whom I spent a great amount of time with (I was a physical ward of the court from my arrest at 15 until just before my 18th birthday), never mentioned that my "dream" of becoming a probation officer to help other kids and be able to do so "having walked in their shoes", nor a counselor or professor throughout college ever mentioned that my juvenile felony automatically banned me. I have 3 crimes as an adult: petty theft, drinking in public, and a DUI. These range from 16 years ago to 9 years ago, respectively. My recruiter already thought I would require a waiver with these 3 crimes, based on the fact that I had 2 "class B" and 1 "class c". Do you still think I would qualify for the waiver once the GTA is added? I am required to enter boot camp by next July, which is when I turn 35. I was told that recruits who signed up 2 weeks ago were able to attend boot camp in May so I would need to move quickly. Based on the waiver capacity for 2009 being met, would I be able to wait until as late as October and still be in boot camp by July 2010? Thanks very much.

Answer
Stephanie,
It's good you're asking questions now.  You want to be as informed as possible when you enter the Navy.

Normally the Services will waiver some combination of multiple felonies and misdemeanors, however each Service varies on what they'll accept.  Obviously the more violent or the more serious the crime, the less likely the military is to overlook it.  In any case, it all comes down to the type of offense and how long ago it was.  Everything you have listed is relatively minor and the military waives that stuff routinely.  They're concerned about the "serious" felonies such as arson, burglary, manslaughter, rape, etc.  It takes 2 or more DUIs to be rejected.

Your score of 87 on the ASVAB is very good.  I'm sure you know the ASVAB is an aptitude test and not really a test., the real reason it's called a "battery" and not a "test" is because it's impossible to pass it or fail it.  It's not a test like you take in school where 70% is passing, etc.  It's just a group of questions arranged together that help an expert determine what kind of work you're most likely qualified for.  The ASVAB is the most widely used aptitude evaluation in the world. It is designed to measure your strengths, weaknesses, and potential for future success.  The ASVAB provides you with career information for various occupations and is an indicator for success.

Everybody is good at something, the ASVAB just helps determine what it is you'll probably do best.  Nothing is more miserable than being stuck in a job that you can't do, or hate.  They don't want to make you a jet engine mechanic when you'd really be happier and more productive being a law enforcement officer.

An 87 is good because it means you do indeed have some ability.  If your score is higher than 35 the Navy would like to hire you.  If you actually ended up with a score of 12 or 15, it probably means you have no useful ability other than begging for change on a street corner.

You're cutting it close age-wise.  Ask your recruiter.  Maybe he can start your paperwork now so it will be complete and ready to submit on October 1st.  He may be able to pull some strings and get you an earlier reporting date.  If it's agreeable with you, you can sometimes volunteer for the short-notice list.  So when somebody breaks a leg and can't attend Basic Training (it always happens)
you're available to go in his/her place.  Sometimes this can be as short as a few days notice, so be sure you can do it before you ask.  That might get you in quicker.  I went on the short-notice list and they called me on Thursday and said be here on Monday.

Good luck.  I'm sure you'll enjoy it.
Colonel H