Expert: Cynthia Bedell - 8/26/2009

Question
"I am 25 yr old male with a Bachelors and a Masters degree; graduated with my MSW in May 2009. I have been considering joining the Navy for quite some time but have put it off. In high school I was in ROTC. Recently (Jul 2009), I was arrested for retail theft during work; currently the charges are felony retail theft. My lawyer is working to get it reduced to a misdemeanor. My question is whether I can still consider the Navy as an option, now that I have this incident on my record. I have no priors and live in Illinois. I have looked up the recruiting offices in Chicago. What can I do? Is a waiver possible in my situation (if it goes either way; felony or misdemeanor)? Also, should I start to talk to a recruiter now as I am going through this process of finding the outcome of my case?"

Answer
Dear Fred --

Your chances of becoming an officer any time soon are greatly diminished.  You have a chance to enlist with a waiver, but my concern is that you don't seem to think stealing from your employer is a bad thing.  Without an understanding that what you did was wrong, you will not get a security clearance.  Further, your waiver is moot, if it is merely requesting that the military decision authority ignore your crime.  You have to demonstrate that you have learned from your mistake, and will not engage in criminal behavior again.  Your question to me does not demonstrate that you have remorse, or that you have reconsidered your behavior.

I do not recommend talking to a recruiter, until (unless!) you have had a change of heart and will not participate in crime.  Further, all the services have recruited all their requirements for fiscal year 2009.  The services will not offer waivers again until the change of the fiscal year -- 1 October 2009.  That gives you a couple months to sort out your circumstances, and the nature of the life you wish to lead, before you go and talk to a recruiter.

A misdemeanor will be easier to waive than a felony, but both will be difficult to waive so soon after the crime, without a clear demonstration from you that this event was an aberration and will not happen again.

Good luck.