Army Criminal History Waivers

Serious Criminal Misconduct

Teenage boy (16-17) being arrested
While waivers are "technically" possible, serious criminal conduct convictions or other adverse dispositions are rarely waived. Doug Menuez / Getty Images

A The waiver approval authority is the Commanding General of the Army Recruiting Command. I should mention here that while waivers are "technically" possible, serious criminal conduct convictions or other adverse dispositions are rarely waived. Applicants will incur a 6-month wait from date of conviction prior to waiver processing.

The following are typical serious criminal misconduct offenses:

  • Act of violence to include threats against any school faculty members, when a penalty was imposed by school officials (for example, expulsion, suspension, fine, or community service). Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
  • Aggravated assault, assault with dangerous weapon (brigade-level suitability).
  • Arson (brigade-level suitability).
  • Attempt to commit a felony.
  • Breaking and entering.
  • Bribery.
  • Burglary (possession of tools), to include auto.
  • Carjacking.
  • Carnal knowledge of a minor.
  • Carrying of weapon on school grounds, when a penalty was imposed by school officials (for example, expulsion, suspension, fine, or community service). Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
  • Check, worthless, making or uttering, with intent to defraud or deceive ($500 or more).
  • Child abuse (CG, USAREC-level suitability).
  • Criminal libel.
  • Domestic battery/violence, considered under the Lautenburg Amendment (CG, USAREC-level suitability). See below for definition of the Lautenburg Amendment.
  • Domestic battery/violence not resulting in a qualifying Lautenburg conviction. Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
  • Driving while intoxicated (DWI), driving under the influence (DUI), or driving while impaired because of substance abuse, alcohol, drugs, or any other condition that impaired judgment or driving ability. Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer. If the applicant has two DWIs/DUIs and one of them is longer than five years from date of enlistment, a waiver may be approved by the Commanding General of the Army Recruiting Command.
  • Embezzlement n. Extortion.
  • Forgery; knowingly uttering or passing forged instrument.
  • Graft.
  • Hate Crimes (CG, USAREC-level suitability).
  • Illegal/fraudulent use of a credit card, bank card, or automated card (value of $500 or more).
  • Indecent acts or liberties with a minor.
  • Indecent assault.
  • Kidnapping or abducting, to include parental kidnapping of a child(ren).
  • Larceny or conversion (value of $500.00 or more).
  • Mail matter; abstracting, destroying, obstructing, opening, secreting, stealing, or taking.
  • Manslaughter. y. Misprision of felony.
  • Murder (CG, USAREC-level suitability).
  • Moral turpitude (CG, USAREC level suitability).
  • Narcotics or habit-forming drugs; wrongful possession or use (marijuana not included).
  • Negligent/vehicular homicide (brigade-level suitability).
  • Pandering.
  • Perjury or subornation of perjury.
  • Possession of any illegal drugs on school grounds when a penalty was imposed by school officials (for example, expulsion, suspension, fine, or community service). Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
  • Possession of marijuana or drug paraphernalia. (Waiver may be considered if charged for both on same date and time). Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
  • Possession or intent to use materials in a manner to make a bomb or explosive devise to cause bodily harm or destruction of property.
  • Public record; altering, concealing, destroying, mutilating, obligation, or removing.
  • Rape, sexual abuse, sexual assault, criminal sexual abuse, incest (brigade-level suitability).
  • Riot.
  • Robbery, to include armed (brigade-level suitability).
  • Sale, distribution, or trafficking (including "intent to") of cannabis (marijuana), or any other controlled substance (brigade-level suitability for dismissed charges only, for conviction or OAD (see paragraph 4-24t)).
  • Sodomy.
  • Solicitation for/and/or prostitution. Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
  • Stolen property, knowingly received (value $500 or more).
  • Terrorist threats ao. Unauthorized use/taking of a vehicle/conveyance.
  • Violation of civil rights (CG, USAREC-level suitability).
  • Individuals convicted of domestic violence under the Lautenburg law are not allowed to possess firearms, and are therefore not generally qualified for enlistment. 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:

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