Can I Join the Military with a Misdemeanor Possession Charge?

Seeking to serve in the U.S. military but have a dismissed misdemeanor possession charge on your record? This article aims to clarify whether you can still enlist, ensuring you understand the full process and requirements.

Understanding Dismissed Misdemeanors and Military Enlistment

It is a common belief that if a charge or conviction is removed from your record, you do not need to report it when joining the military. This is, however, incorrect. You are required to disclose any misdemeanor or traffic offenses on your record, regardless of whether they have been expunged or dismissed. According to 32 CFR § 66.7, you must report all offenses that may affect your eligibility to enlist. This includes dismissals, as these are considered adverse adjudications in the eyes of military regulations.

Requirements for Enlistment Waivers

In accordance with 32 CFR § 66.7a3i, a Conduct Waiver is required whenever the final finding of the courts or adjudicating body is a conviction or other adverse adjudication. This means that even if your misdemeanor possession charge has been dismissed, you must still disclose it and a waiver may be required.

Adverse Adjudications Explained

According to 32 CFR § 66.3, an Adverse Adjudication occurs when an individual endures a finding, decision, sentence, or judgment by an adjudicating authority that is not unconditionally dropped or dismissed. This also includes cases where an individual was acquitted but the adjudicating authority placed a condition or restraint that led to the dismissal of the charges or the expungement of the record.

Detailed within the military regulations, adverse adjudications cover situations where sentences or charges are suspended, not processed, or dismissed after compliance with imposed conditions. This includes fines and forfeiture of bond in lieu of trial.

Impact of Misdemeanor Possession Charges on Your Enlistment

Many prospective recruits wonder if a dismissed misdemeanor possession charge would hinder their ability to enlist. The answer is not always straightforward. The decision ultimately depends on various factors, including the nature of the charge, your criminal history, and the specific policies in place at the time of your application.

For instance, striving to join in 1975, anything related to drug possession was nearly an automatic disqualification. In the late 1990s, when both my sons joined, the criteria were somewhat more lenient, particularly regarding drug use frequency. By 2019, the rules had changed again, with stricter policies in place.

It is critical to discuss your situation with a military recruiter to understand the specific requirements that apply to your case. Recruiters will review your entire background, including any dismissals or expunged charges, to determine whether they can grant you a waiver or if other factors might impact your eligibility to enlist.

Face-to-Face with a Recruiter

Concluding with a question: Why would you seek answers online about your eligibility when you can directly ask a recruiter? You would be wise to initiate this conversation with a recruiter, who can provide you with the most accurate and personalized advice based on your particular circumstances.

In summary, a dismissed misdemeanor possession charge may require you to disclose it when applying to join the military. The decision on whether you can enlist depends on the nature of the charge, the policies in place at the time of your application, and whether you may be eligible for a waiver. Consult a recruiter to explore your options and ensure a clear understanding of your path to service.