Expert: Howard Lorenz - 4/7/2010

Question
QUESTION: A year ago my son pled guilty to a fourth degree charge.  He was initially charged with a third degree charge.  The Air Force recruiter says they go by the initial charge not the amended charge to which he pled guilty.  So they are saying he is not eligible to join the air force because of the level of charge he was charged with, not he one he was guilty of.  Does this sound right to you?  What are his options?  Otherwise his record is clean (apart from motor vehicle violations).

ANSWER: Not knowing what the actual charge was, its hard for me to say. Any criminal record actually disqualifies anyone from service, but depending on certain charges, there can be a waiver accomplished that will actually allow entry to the service. Since your son revealed that he was initially charged with the 3rd degree charge, then we have to go by that charge. They always go with the most severe, not knowing the circumstances surrounding your son pleading guilty to a lesser charge sounds like a plea deal with the district attorney.

To put it into more perspective if I was arrested and charged with a DUI for instance, I was arrested and charged with DUI, but since there was a lack of evidence and its my first offense, the DA says we will lower the offense for a guilty plea to Negligent Driving. The fact that I opted to take the ND charge does not negate the fact that I was originally charged with DUI... the main reason I was charged to begin with.

So with that being said, its up to the recruiter to accomplish the waiver if its available. If its not then he is ineligible for military service at this time. I would suggest that he take some college classes, maybe get an AA degree and make himself more marketable. The Military knows that not every one has a "Perfect Record", but if he tries to enter later and now he has an AA degree or just more education, it shows the approving officials that he used his time wisely and improved his situation by getting educated...shows maturity which is a huge deciding factor when deciding if this applicant is worth the risk of a repeat offense. Those who do not get continuing education more often than not do not get approved.

It sounds to me like your son has learned a lesson , but now has to prove to the military and himself that he wants to be in bad enough that he will go the extra mile to get there. Tell him not to give up entirely, but to make it a long term goal and work toward it.

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

QUESTION: Thank you so much for your quick response!  The actual charge was Criminal Mischief with Damage (he broke a window).  The very next day he paid for the repairs.  The charge he pled guilty to was Refuse to Obeying Order of Police.  There was no jail time and a fine of $300.  With this additional information, do you think his chances are improved?  (There were no drugs involved).  Thanks again.

Answer
It sounds like a minor misdemeanor charge. It still requires a waiver. Its up to the recruiter to complete the waiver for entry. I think the biggest problem with entry into the military is its a walk in market because of the economy. Those that have waiverable offenses are being turned away because they have so many who do not that are willing to go. I wouldn't let that detour me, it just may take longer. I would give it a year or tow...get some education and make him more desirable for military service., In that time, the economy or the current administration will change as will the entry requirements for service.