Posted on Sep 26, 2018
CW2 Platoon Sergeant
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My brother went to a recruiter yesterday and was told it would not be possible to join, due to (roughly) 7 years ago where he had a year or two run of multiple DUI's, burglary/larceny charge's downgraded to a deferred punishment. I know it is possible to get a waiver, but is there actually a limit to what is waiverable? I would not even ask if I didn't believe in his character. He has been forced to make significant changes in his life, but he cannot professionally grow in any way currently and would do anything to be able to join.

I am wondering if anyone with some recruiting experience can give me insight to possible solutions to his problem, such as expunging his record via court/lawyer, simply talking to a different recruiter, etc.?
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Responses: 11
SFC J Fullerton
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Just based on what you have stated, the burglary is a felony, and the larceny may be too depending on the value (based on AR 601-210, not local statutes). Even if the charges were downgraded conditionally based on a deferred punishment, the Army still considers it an "other adverse disposition" and the felony(s) still stands. Add in the 2 DUI's, he is disqualified, no waiver considered. Applicants must declare all charges, and expunged charges still count. As SSG Yax said, his record will show on FBI background checks when his fingerprints are ran, regardless if expunged by local courts or was a juvenile record. The only difference with talking to another recruiter is maybe getting one that will string him along for awhile with false hope that a waiver is "possible", but he still isn't getting in.
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SFC Airborne Instructor (Ai)
SFC (Join to see)
6 y
I was about to suggest he refer to 601-210, but you got their first.
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SFC Joseph Weber
SFC Joseph Weber
6 y
Unless they changed the rules there was no waivers for two felonies. And no matter what a State considers alcohol related convictions any two were treated as a felony and three were un-waiverable. So a minor in possession and two DUIs would make him permanently DQ'd not even considering any burglary or larceny felonies.
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SFC Kelly Fuerhoff
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They aren't letting in people with criminal histories anymore. They did lower that standard around 2005-2008 during the surge and need for more soldiers. The "moral" waivers. Then they got rid of that during drawdown.

I'm not a recruiter but having known friends who have done it...I don't think he's going to get a waiver for all that. This is why people need to realize that their actions in youth can and do impact their future.
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SSG Recruiter
SSG (Join to see)
6 y
You can definitely still join with a criminal history. It just depends on the situation and whether or not the moral waiver is allowed AND approved.
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SFC Kelly Fuerhoff
SFC Kelly Fuerhoff
6 y
SSG (Join to see) - Not with the criminal history listed.
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SSG Recruiter
SSG (Join to see)
6 y
[~1155667:SFC Kelly Fuerhoff in the above case no, but you can with some crimson history.
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SFC Ralph E Kelley
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Edited 6 y ago
There's always the French Foreign Legion if he's looking for a life change by joining a military.
- No pun intended and I am serious.
He better tell them the turth.
If they accept him, it will be because he did tell the true story - about everything.
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CW2 Platoon Sergeant
CW2 (Join to see)
6 y
Interesting suggestion. I've never really considered the realistic suggestion of that to anyone. I'll keep it in the back of my head.
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SFC Ralph E Kelley
SFC Ralph E Kelley
6 y
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CW2 Platoon Sergeant
CW2 (Join to see)
6 y
SFC Ralph E Kelley

Hopefully he can find another alternative as I'm pretty sure that wouldn't be a very family friendly option for his wife and children.
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SFC Ralph E Kelley
SFC Ralph E Kelley
6 y
CW2 (Join to see) - True. I was unaware he was married and that stops that option. Legionnaires can marry but not at junior ranks or 1st enlistment. Their wife is the Legion. Sorry.
"During the first five years of service, a legionnaire is banned from marrying. This makes sure there are no problems with adultery, jealousy and/or divorce.
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