Can you join the military with a felony?

The rules

• Federal law says no one convicted of a felony may be enlisted in any armed force, but the Secretary of each service may make exceptions in meritorious cases.¹

  10 U.S.C. 504(a): 'No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies.'

• Under Defense Department enlistment standards, any state or federal felony counts as a "major misconduct" offense, and you need a conduct waiver to enlist.²

  DoDI 1304.26, Enclosure 4, paragraph 2.a treats any offense classified as a felony under state or federal law as major misconduct; one major misconduct offense requires a waiver (Enclosure 4, paragraph 1.c(1)(a)). The waiver must be a favorable determination by the Secretary of the Military Department, who may delegate approval authority. Enclosure 3, paragraph 2.h(2) notes that felony convictions can be waived in meritorious cases but that a waiver is not automatic and is decided case by case. The instruction also says the services should not be a source of rehabilitation.

• You can't enlist while you are under any form of judicial restraint: bond, probation, imprisonment or parole.^2,3,4

  DoDI 1304.26, Enclosure 3, paragraph 2.h(1). The Army's and Navy's official recruiting sites list being under civil or judicial restraint (such as parole, probation or confinement) among issues that cannot be waived, and say pending charges also bar entry. In practice this means finishing your sentence and supervision, and resolving open cases, before a waiver can even be considered.

• A felony conviction or juvenile adjudication for rape, sexual abuse, sexual assault, incest or another sexual offense, or any offense that requires sex-offender registration, permanently bars enlistment with no waiver.²

  DoDI 1304.26, Enclosure 3, paragraph 2.h(3); Enclosure 4, paragraph 1.c says waivers are not authorized for these cases.

• A conviction for domestic violence covered by the federal Lautenberg Amendment (18 U.S.C. 922) can't be waived.²

  DoDI 1304.26's major misconduct offense table (code 414) says a waiver is not authorized if the applicant was convicted of this offense. Domestic offenses not covered by the Lautenberg Amendment are listed separately as misconduct (code 308).

• Expunged cases, juvenile cases and charges dismissed after a waiting period still count. The military treats almost any outcome other than an unconditional dismissal or acquittal as an "adverse adjudication."²

  DoDI 1304.26's glossary defines adverse adjudication (adult or juvenile) to include conditional dismissals, suspended sentences, fines or forfeited bond in lieu of trial, and cases where the records are later expunged or the charge is dismissed after a period of time. Plan to disclose every case to your recruiter.

• The Army and Navy say felons generally can't join but that felony waivers are available in some cases, and they list issues that cannot be waived.^3,4

  Both official recruiting sites list as non-waivable: being under civil or judicial restraint (the Army names parole, confinement or probation; the Navy also names bond), five or more misdemeanor convictions, being found to have trafficked, sold or distributed narcotics (including marijuana), three or more impaired-driving convictions (the Navy says within the five years before joining), and having current charges pending. The Army also lists a civil court conviction or adverse disposition for more than one serious offense. The Navy also lists sex-offense convictions or a registration requirement and prior separation under other-than-honorable conditions. The Navy states its waiver procedure is not automatic and approval is based on each individual case.

What can stand in the way

• Being on probation, parole, bond or in custody, or having pending charges, stops the process until it is over.^2,3
• You must also be eligible for a background investigation; an unfavorable security determination can block enlistment.^2,4

  DoDI 1304.26, Enclosure 3, paragraph 2.h(6). The Navy notes applicants are reviewed through a National Agency Check with Law and Credit (NACLC) or higher investigation.

Waivers and exceptions

• A felony can be waived in meritorious cases. The recruiter submits a waiver request and the service decides case by case; approval authority sits with the service Secretary, who may delegate it.^1,2

  10 U.S.C. 504(a); DoDI 1304.26, Enclosure 2, paragraph 3.e (each service must set up waiver procedures) and Enclosure 4, paragraph 1. Because each service sets its own procedures and needs, one branch may consider a waiver another won't.

• If a waiver is denied, both the Army and Navy point to civilian careers with the service as an alternative.^3,4

How states handle it

Enlistment standards are federal and apply the same way regardless of where you were convicted. Your state's law decides whether an offense was a felony, which the military uses when classifying it.

What to do next

1. Finish your sentence, including probation or parole, and resolve any pending charges first; you can't be processed while under judicial restraint.
2. Get certified court records for every case, including juvenile, dismissed, sealed and expunged ones: the charge, the final outcome and proof the sentence was completed.
3. Check whether your offense is on a no-waiver list (sex offenses requiring registration, Lautenberg-covered domestic violence, drug trafficking, and the others the services list).
4. Talk to a recruiter and disclose everything. Leaving out a case can end your application or cause problems later.
5. If one branch won't submit a waiver, ask another; each service runs its own waiver process and decides case by case.
6. Expect a waiver review to take time and to possibly be denied; no recruiter can promise approval.

Where to ask

• DoD Instruction 1304.26 (enlistment standards)

  Conduct standards, waiver categories and what can't be waived.

• Army: Requirements to join

  Legal record questions and non-waivable issues; questions go to a recruiter.

• Navy: Requirements to join

  Felony waiver policy and non-waivable issues; 1-800-USA-NAVY.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.