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Army Criminal History Waivers

Misdemeanor Offenses

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Any applicant for enlistment in the United States Army who has Received two, three, or four civil convictions or other adverse dispositions for a misdemeanor offense.requires a waiver. The waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.

The following are typical misdemeanor offenses:

  • Altered driver's license or identification.
  • Assault, fighting or battery (more than $500 fine or restitution or confinement).
  • Carrying of weapon on school grounds (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor. This includes carrying of weapon on school grounds, when a penalty was imposed by school officials -- for example, expulsion, suspension, fine, or community service).
  • Check, worthless, making or uttering, with intent to defraud or deceive (less than $500).
  • Conspiring to commit misdemeanor.
  • Contempt of court for misdemeanor offenses.
  • Contributing to delinquency of minor.
  • Crimes against the family (nonsupport of family).
  • Criminal or malicious mischief (less than $500 fine or restitution or confinement).
  • Desecration of American flag.
  • Desecration of grave.
  • Domestic battery/violence, not considered Lautenburg Amendment (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor. See below for Lautenburg Amendment Definition).
  • Driving while drugged or intoxicated, or driving while ability impaired (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor.).
  • Failure to register with Selective Service.
  • Failure to stop and render aid after accident.
  • False bomb threat.
  • Glue sniffing/paint/chemical sniffing.
  • Harassment, menacing or stalking.
  • Illegal burning without intent to commit arson
  • Illegal or fraudulent use of a credit card, bank card, or automated teller card (value less than $500).
  • Indecent exposure.
  • Indecent, insulting, or obscene language communicated directly or by telephone to another person.
  • Joy riding.
  • Larceny or conversion (value of less than $500).
  • Leaving scene of an accident or hit and run.
  • Looting.
  • Mailing to include e-mail of obscene or indecent matter.
  • Mailbox destruction.
  • Permitting a DUI.
  • Prostitution or solicitation for prostitution (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor.).
  • Possession of marijuana or drug paraphernalia (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor.).
  • Reckless driving, careless, or imprudent (considered a misdemeanor when the fine is $300 or more or when confinement is imposed; otherwise, considered a minor traffic offense).
  • Reckless endangerment.
  • Resisting arrest or eluding police.
  • Selling or leasing weapons.
  • Stolen property, knowingly received (value less than $500).
  • Criminal trespass.
  • Unauthorized use/taking of a vehicle/conveyance from family member.
  • Unlawful carrying of firearms or carrying concealed firearm.
  • Unlawful entry.
  • Unlawful use of long-distance telephone calling card.
  • Use of telephone to abuse, annoy, harass, threaten, or torment another.
  • Vandalism (more than $500 fine or restitution or confinement).
  • Violation of probation.
  • Willfully discharging firearm so as to endanger life; shooting in public.

The definition of domestic battery/violence under the Lautenburg law is as follows: At the time of the offense, the convicted offender was one of the following:

  1. A current or former spouse, parent, or guardian of the victim.
  2. A person with whom the victim shared a child in common.
  3. A person who was cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian.
  4. A person similarly situated to a spouse, parent, or guardian.
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