Expert: Rod Powers - 5/12/2007

Question
Rod, I am wanting to join the military but i have a 4th degree felony that was deferred that happened when i was 18 i am now 28 and want to know if there is anything i can do or any person i can talk to, so that i can get in please help me for i have wanted to join for the longest time. i just made a stupid mistake that i have learned from and now am trouble free. please help thanks

Answer
Hi Robert,

A single felony can be waived. The question is, whether or not it will be waived.

A felony conviction is disqualifying for military service. It's important, first of all, that you understand that. Because of the felony, you are not qualified for military service. There is no *right* for you to join the U.S. Military.

With that being said, each of the military services are allowed to waive disqualifications, based on the current needs of the service. No guarantees, mind you, but the services can waive up to one felony conviction.

The good news is that it's been 10 years since your conviction, with (I assume) no further legal problems. That's good. It shows a significant period of time (10 years) that you've followed the laws.

The bad news is, that each military service has quotas each year for enlistees, and -- if they can attract enough new enlistees who don't need criminal history waivers, they'll take those people over you, every time.

Based on my experience, your chances of joining the active duty or Reserve Air Force, Coast Guard, or Navy are small, with a previous felony conviction.

Your chances of joining the active duty or Reserve Marine Corps are "medium," depending on what the conviction was for. Your best chances, with a previous felony conviction is joining the active duty Army, Army Reserves, or Army National Guard.

Remember, however, there are no "guarantees." A felony conviction is a disqualifier, and whether or not a service decides to waive it, and let you in, depends on several individual factors, including the exact nature of the offense, the time since the offense was committed, your individual qualification factors (education level, ASVAB score, medical exam, physical condition, and "needs of the service.")