Moral Standards
The United States Military Services make every attempt to assess the moral quality of potential recruits, and several categories of moral offenses may preclude enlistment. This is primarily accomplished based on criminal record.
I should note here that there is no such thing as a "sealed record," or an "expunged record" as far as the military is concerned. The recruiting services have access to law enforcement and FBI investigative records, which -- quite often will list arrests in these categories.
Even if an offense is not found during the recruiter criminal background check, it is likely to come up during a possible (probable) security clearance criminal records check. If an applicant fails to disclose criminal history and it is later discovered, the individual may be charged under federal law, or the Uniform Code of Military Justice for False Statement, and/or Fraudulent Enlistment. (See the article, I Cannot Tell a Lie).
Military applicants are required by law, as part of the enlistment process to disclose any and all incidents that resulted in arrest or in charges being filed. When determining whether or not an offense "counts" for enlistment purposes, the services are primarily interested in whether or not the applicant actually committed the offense, not whether or not a "legal" conviction resulted.
Any offense that resulted in either conviction, or any kind of "adverse adjudication" counts.
When it comes to criminal offenses, enlistment qualifications, and waivers, the following definitions apply:
Conviction. The act of finding a person guilty of a crime, offense or other violation of law by a court or competent jurisdiction or other authorized adjudicative authority. This includes fines and forfeiture of bond in lieu of trial.
Adverse Adjudication (adult or juvenile). Any conviction, finding, decision, sentence, judgment, or disposition other than unconditionally dropped, unconditionally dismissed, or acquitted. Participation in a pretrial intervention program as defined below must be processed in the same manner as an adverse adjudication.
Pretrial Intervention/Deferment. Every state has a program by which offenses are diverted out of the regular criminal process for a probationary period. While the programs vary from State to State, they all require the defendant to meet some requirement (e.g., reporting or non-reporting probation, restitution, or community service), after successful completion of which the charge is disposed of in a way that does not result in a final adjudication of guilt. Charges disposed in this manner must be processed as an adverse adjudication.
Stet Processes. A judgment that all further action in a case be stayed. Frequently referred to as a "stet", it is often used by prosecutors to dispose of criminal action without actually having to try a case on its merits. A "stet" may be considered as equivalent to dropping charges if the prosecutor does not contemplate any further proceedings on the case and the case has not been handled through a pretrial deferment program. A letter from the district attorney is required to verify a stet.
Nolle Prosequi. Commonly called "nol pros". A formal entry on the record that the prosecutor will not prosecute the case any further. A "nol pros" may be considered equivalent to dropping charges if the prosecutor does not contemplate any further proceedings on the case and the case has not been handled through a pretrial deferment program.
Army. The Army divides criminal offenses into one of four categories. Applicants with six or more minor traffic offenses (where the fine was $100 or more per offense), or three or more minor non-traffic offenses, or two or more misdemeanors, or one or more felonies, requires a waiver. For detailed information, see our Army Criminal History Information Pages.
Air Force. The Air Force divides criminal offenses into five categories. Category 1 offenses are considered the most serious (felonies), and category 5 offenses are the most minor. Applicants with one or more convictions or adverse adjudications from category 1, 2, or 3 offenses require a waiver. Those with two or more convictions or adverse adjudications in the past three years, or three or more convictions or adverse adjudications in a lifetime for a category 4 offense also require a waiver. Air Force applicants with six or more convictions or adverse adjudications in any 356 day period within the past three years from a category 5 offense also require a waiver. For complete information, see our Air Force Criminal History Information Pages.
