Expert: Rod Powers - 9/8/2006

Question
i had an unfortunate run in back in 1999 with a narcotic felony.  it was dismissed under 7411 upon completing my all terms applied by the courts, 7411 is a second chance only 4 1st time drug offenders.  me being the person i am disclosed this info 2 a marine recruiter when asked about my criminal history i was immediatly told i was disqualified 4 this, i dont believe this is correct.  the recruiter wasnt vry helpful as far as any options.  is there a way to take this on?  im willing 2 take any action necessary 2 fight this and i wont give up until i can get a waiver of sort or exhaust all of my options.  regretfully i am unaware of what my options r or in which manner i can oppose this.  im not vry keen on all the loop-holes and strings that can be pulled in the legal system with this.  any insight into this would be extremely helpful

Thank u
CJ

Answer
Hi Charles,

In the military, there aren't any "loop-holes" or strings.

When it comes to criminal history offenses, the military services aren't very concerned with the final disposition of the case (unless it was dismissed because the evidence showed you didn't do it). Instead, they are more concerned about the exact offense, and whether or not the evidence showed you committed the offense.

It's pretty much this simple. While the courts may be willing to give you a second chance, doesn't mean the military services are.

A felony offense is a disqualifier -- for every branch of the service. Unless you were found "not guilty," by a judge or jury, or unless the charges were dismissed because the evidence and circumstances surrounding the case showed you didn't actually commit the offense -- as far as the military is concerned, you're "guilty."

This particular offense is a "felony," and is automatically disqualifying. Felonies are *rarely* waivered. When they are waived, it's because that particular branch of service needs people, really bad.

Right now, the Marines apparently don't need new recruits that bad. I can tell you from experience,neither does the Air Force, Navy, or Coast Guard (active duty). Your best bet may be to try the Army, as they are the active duty service which needs new recruits worst than any of the other branches. The Army *might* be willing to process a waiver (although felony waivers are *tough* in any branch).

Hope this helps!