Expert: Rod Powers - 11/11/2007

Question
Hello, When I was 15 years old I plead guilty to felony agg assault with a plea deal.
Received 1 year probation and community service. I completed everything and have never been in trouble with the law before or since. I am now 19 years old trying to become a Navy Seal. I am in good physical condition, and scored a 90 on the ASVAB;  I got a statement from the individual I was accused of assaulting; stating that I did not assault them; I am curios of the actual chance that I will receive a waiver, and a career.    Thanks

Answer
Hi V.P. Segers,

I'm afraid there's no way to tell for sure. Even though the offense was adjunicated as a juvenile offense, it is still considered (by the Military) as a "felony."

Enlistment with a "felony," is the "exception," not the rule. In FY 2006, the active duty Navy recruited (about) 37,000 new recruits (see: http://usmilitary.about.com/od/joiningthemilitary/a/06recruiting.htm). Of that number, only 190 were allowed in with a felony conviction (see: http://usmilitary.about.com/od/joiningthemilitary/a/waiverdetails.htm).

In other words, less than 1/2 of a percent of all Navy recruits in FY 2006 (the latest year that statistics are available) were allowed to enlist with a felony conviction in their records.

On the positive side, your conviction happened when you were a juvenile. Also on the positive side, you've scored very high on the ASVAB. You didn't say what your education level is, but if you have a college degree, or a significant number of college credits, that would also be a positive factor, when it comes to waiver consideration.

I'm afraid it doesn't much matter what statements you have "now." Probably should have gotten that statement before you went to trial. The fact of the matter is that you plead "guilty" to a felony charge of aggrevated assault. Your lawyer should have told you that when you plead "guilty" to an offense, it means that you admit you did it. You can't "take it back" later.

Your first "hurdle" will be getting into the Navy with a felony conviction.

Unfortunately, with a conviction for a "felony," you are not eligible for the Navy's "SEAL Challenge" program (see my article at: http://usmilitary.about.com/od/enlistedjob1/a/seal.htm).

It *might* be possible (assuming the Navy will make you one of their 1/2 percent who receive a waiver for a felony conviction) that you could be eligible to apply for SEAL training after 3 or 4 years in the Navy, but there are no guarantees.

For more information about the United States Military, feel free to visit my U.S. Military Information page, at http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com