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I want to join the army but i have a aggravated assualt with a deadly wepeon i did not go to prison they gave me 10 year deffered probation and i wanted to know if i could get a wavier for that to get into the army or does it just dq me overall? I thought since it was deffered the army might still be able to get me a wavier since it will come off my record at the end of the 10 years.

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MSG Glenn
Joined: 08/31/2010
RE: Probation

I doubt if you'd be able to get a waiver for that offense or be allowed to start the enlistment process. If you would be able to get a waiver processed it wouldn't be until you served all of your probation. You can't join with any legal procedings pending. Everything has to be cleared up first.

It would NOT come off of your record. ALL police records are available to the Army whether they're juvenile, dismissed or expunged. It's up to the Army to decide whether the charges were serious enough to bar you from enlistment. Even if a judge were to tell you that if you enlisted you wouldn't have to serve jail time or probation it wouldn't do you any good. Judges, Congresspeople or anyone else can't trump Army policy. The days are long past when a judge could say "Army or jail".

In 10 years Army policy might be altogether different but I still doubt whether you'd be allowed to enlist.

walterd (not verified)
Want to enlist in military but have criminal history

I was convicted of a misdemenor petite larceny ($4,000 restitution) on 5/09, and was placed on probation for 3 years. I had a drug addiction problem and relapsed and committed another crime of felony grand larceny 4th ($12,900 restitution) on 3/11 and pled guilty in county court and entered drug court. After I pay about $7,000 I will withdraw the felony and get a misdemenor petite larceny and do 3 years probation. I have gone thru 9 months of inpatient rehab, done 4 months of day rehab, and am doing 3 months of outpatient rehab. I have a BS in Telecommunications (5/05) and am working toward Security+ and A+ and NET+ certification, working out, quit smoking and doing drugs, and am 31. Do I have still have a chance to enlist in the military?

admin's picture
Joined: 12/21/2009

I don't see any way which you are likely to be allowed to enlist. You certainly wouldn't be allowed to join until after probation and all other sentencing conditions are met. However, whether or not you get the felony reduced to a misdemeanor, the combination of two crimes (one of which was done while you were still on probation for the second) is likely the nail in the coffin for any hopes of getting in to the US Army. I doubt the economy would turn around and US Army policy would loosen up enough after you finish probation and before you turn 35 that you could get in later.

MSG Glenn
Joined: 08/31/2010
Walterd... are the shining example of someone who will NOT be allowed to enlist - ever.

Trying real hard to quit drugs, huh? Piss hot & that alone will DQ you even without your law violations. Getting drug usage on your police record will do the same thing.

airbornevet (not verified)
trying to weigh my options.

I am a veteran of the army. i was active duty until my ets in 2001 and then inactive reserve until 2005. I am currently on unsupervised probation for a misdemeanor dui with 2 years remaining. Is it considered re-enlisting if i were to try and get back into the military? I'm not even sure if that would make a difference after reading the previous posts, but thought i'd ask to be sure. Also would a dui necessarily stunt my chances after probation is complete?

Any help would be appreciated. Thank you.

MSG Glenn
Joined: 08/31/2010
Not neccessarily

Of course a lot can happen in two years but I've heard of DUIs getting waivers even recently. There are times when no waivers are even being procesed by Recruiters, though.

You realize that at this time - again, it'll probably be different when you get off of probation - that the only contract that's being offered to prior service is 18X, Special Forces, unless you held an MOS that's on a very short list & depending on the rank you held when you ETSed.

Joined: 09/29/2012
Trying to join but on probation

Hi. I am trying to join the army but have a legal problem i have been granted a form of probation that is similar to AR (accelerated rehab). I have served one year of a 3 year on the program and have been looking in to enlisting but i was told i couldn't because of the legal problems. I found out about the waivers that can be given. I was arrested for larceny in the 3rd degree with 600.00 restitution (Paid). I am wondering if i would be able to get the waiver with this charge. i was not convicted. The case is sealed until the program is finished and charges will be removed from my record.

Am i able to enlist while being on probation.

Any help is much needed Thank You

MSG Glenn
Joined: 08/31/2010
@ Dannyboy3812

You won't be able to enlist in the Army until all of your probation is served. If your charge was a felony you might not be able to get a waiver. The Army can find all of your legal records, sealed, juvenile or vacated.

angellabell's picture
Joined: 10/26/2012
I doubt it. But, you can try

I doubt it. But, you can try it since you have changed now.

MSG Glenn
Joined: 08/31/2010
Doesn't make much of a difference...

...if he's changed now. The Army can only go by past records. If those records show a felony & the Army isn't allowing felons to enlist then he can't enlist. But yes - give it a try.

Joined: 04/29/2015
withdrawn felony

As I read the previous questions I was just curious as too if I could join or not, I was charged with a felony agg assault but the charge was withdrawn due to lack of evidence / video footage showing it wasn't me. But when I get background checks it still shows I was charged but nobody sees it was withdrawn. Will that stop me from joining?

MSG Glenn
Joined: 08/31/2010
@ schibik

It's possible that you'd be barred from enlisting with that charge but since the court found the charge unfounded I doubt it.

First off I'd contact a Recruiter & explain the situation to him. After all - a charge is not a conviction & if it were I'd say you'd be disqualified from joining. Most of the time judicial records show court procedures & this was a court procedure but again - a charge is not a conviction. You were only charged & the evidence showed that you were innocent. Because it was a procedure in court the system will list it.

Get in touch with a Recruiter soon - this week would be nice - before schools graduate. It gets mighty busy at the Recruiter's when that happens & a Recruiter wants the low hanging fruit that will get him an enlistment fast so he can move on to the next one. This usually lasts until about Thanksgiving when it gets very slow. That's why it's important for you to make contact so he has time to do research.

After contacting a Recruiter come on back here & let us know what he says. Your feedback is important to us.