Joining the Armed Forces with a Sealed Juvenile Record?

Question

I want to join the Army or Air Force as an operating room specialist but I have a sealed juvenile conviction for Grand Larceny in the 4th. How tough is it to get a waiver to join the Army or Air Force with a sealed juvenile conviction for that? Also I was wondering how long that process takes?

Operating room specialists do not carry a weapon!

Grand Larceny 4 is a felony and I know that there is waivers for it, I just don't know how long the waiver process takes or anything about it.

Answer 1

Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) states that you may possibly be eligible for a waiver for enlistment with a serious criminal misconduct (they've replaced the term felony with Serious criminal misconduct - I'm guessing becouse there has been confusion in the past what one state may call a felony, another may call a misdomenear, and then the Army has its own standard) As far as it being sealed, it doesn't matter it is still a charge on your record. When I was an Army rucruiter I was able to successfully process a candidate with a felony waiver. Of course you need to speak to an currently active recruiter and get their advice on it. Oh and it is your responsibility to push a waiver through the system, not the recruiters... He's got enough to do looking for fully qualified individuals and should do little more than counsel you on the process and submit your paperwork when you have it together per Para 4-2 (4)c. The burden is on the applicant to prove to waiver authorities that he or she has overcome their disqualifications for enlistment and that their acceptance would be in the best interests of the Army.


2–11. Moral and administrative criteria
Applicants may be eligible for enlistment with or without waiver as indicated in each case. Applicants may have a
waiting period as cited in paragraph 4–33 if they have had parole/probation/incarceration (see chap 4).
a. Applicant interview. Recruiter will interview applicant on any records of arrest, charges, juvenile court adjudications,
traffic violations, probation periods, and dismissed or pending charges or convictions, including those that have
been expunged or sealed.
(1) Use of DD Form 369. This form will be used to record information obtained in police records check. Recruiter
will provide self-addressed official mail envelopes to minimize work for police authorities. Mailing police records
checks to a foreign law enforcement agency is not authorized.
(2) Pending charges. If applicant is subject to pending charge(s) that would not require a waiver if found guilty,
Armed Services Vocation Aptitude Battery (ASVAB) testing is authorized. If applicant is subject to pending charge(s)
that would require a waiver if found guilty or if placed on probation or parole, or if given a suspended sentence, all
processing will be terminated (see para 4–37).
b. Police record check and court check. The police record checks will indicate the name the applicant is requesting
to be enlisted as, as well as the name on birth certificate, maiden name, or any other name the applicant is known as.
Criminal history information will be maintained with strict confidentiality. If reply from police authorities or court
records clerk is not received within 7 working days and every effort to obtain police/court clearance has been
exhausted, then the recruiting battalion commander may authorize to process allegation as self-admitted offense and
enlist applicant into RA/AR if a moral waiver is not required.
(1) These checks may be mailed and are required to be completed and at the MEPS prior to shipping to IADT or
within 30 days after DEP/DS/DTP.
(2) Applicants who claim no law violations or claims only minor traffic offenses (except reckless or careless or
imprudent driving) will have police record checks, based on current residence, obtained from three levels:
(a) City or municipal, military installation law enforcement.
(b) County law enforcement.
(c) State law enforcement.
(3) Applicant who claims law violations other than minor traffic offenses will have police record checks completed where applicant has lived, worked (includes TPU location), and attended school during the 3 years prior to application into the DEP/DS/DTP; police/court documents where the offense(s) occurred will be obtained from:
(a) City or municipal, military installation law enforcement.
(b) County law enforcement.
(c) State law enforcement.
(d) Court documents.
(e) Probation departments.
(f) Adult correctional facility.
(g) Juvenile correctional facilities.
(4) Applicants requiring a moral waiver for any misdemeanor or felony level charge, regardless of disposition, will have police record checks obtained from:
(a) City or municipal, military installation law enforcement.
(b) County law enforcement.
(c) State law enforcement.
(d) Court documents.
(e) Probation departments.
(f) Adult correctional facility.
(g) Juvenile correctional facility.
c. Telephonic police records check. Telephonic police checks is authorized by station commander, commissioned officers, company commanders, recruiting first sergeants, guidance counselor, recruiting battalion operations personnel or equivalent contracted personnel assigned. Person obtaining telephonic police records check will sign written report on DD Form 369. Enter name and position of person who gives information to the battalion, date obtained, and telephone number in remarks section of DD Form 369. Forwarding DD Form 369 to the Federal Bureau of Investigation,
a foreign government, or foreign police agencies is not authorized.
d. New police checks. New police checks are required if new arrest or convictions occurs since previous checks were conducted and will be run in accordance with paragraph 2–11b.
e. Updating police records check. For persons in the DEP/DS/DTP, police records check are required if new arrest
or conviction occurs. Police record checks will be run in accordance with 2–11b.
f. Police records check not released or a fee is charged. If law enforcement agency states, in writing, that it will not provide information or that a fee is required and copy of that statement is maintained in recruiting battalions, police records check will not be required. DD Form 369 will contain reference to that written statement. The form will be forwarded with the enlistment packet. Update written documents used for references every 5 years.

4–1. General
This section contains waiver and nonwaiver enlistment criteria and prescribes procedures to initiate and process request
for waiver to meet basic enlistment qualifications.
4–2. Moral and administrative disqualifications
a. Commanders at all levels determine if waiver requests warrant favorable consideration through—
(1) Questioning.
(2) Investigating.
(3) Counseling.
(4) Gathering proper documents and waiver request information.
b. Recruiters do not have the authority to disapprove a waiver request or to refuse to forward an applicant’s request.
c. Applicants who do not meet established enlistment standards are not eligible for enlistment unless a waiver is authorized. Commanders cited in this regulation have the authority to approve waivers as appropriate. The burden is on the applicant to prove to waiver authorities that he or she has overcome their disqualifications for enlistment and that their acceptance would be in the best interests of the Army. Waiver authorities will apply the “whole person” concept when considering waiver applications.
d. Applicants having tattoos will be screened in accordance with AR 670–1.
e. Suitability will be determined by the following:
(1) Applicants with a criminal history (regardless of disposition) or questionable moral character, but because of dismissed charges, plea bargains, or release without prosecution, must have a suitability review for determination of enlistment. Reviewer will determine if a personal interview with the applicant is required, and if so may be accomplished telephonically. Approval will be annotated on the DD Form 1966 remarks section with a review date, name and title of reviewer.
(a) Suitability review will be conducted on the following charges prior to any moral waiver processing on all applicants (the appropriate review level is also noted):
1. Five or more minor nontraffic charges (Recruiting Company Leadership Team).
2. Two or more misdemeanor charges (Recruiting Battalion Leadership Team).
3. Combination of four or more minor nontraffic or misdemeanor charges (Recruiting Battalion Leadership Team).
4. One serious criminal misconduct charge, regardless of disposition.
5. Any offenses listed as suitability review with appropriate approval level in paragraph 4–11. Domestic battery/
violence charge, includes but is not limited to, charge(s) of domestic violence, assault, simple assault, assault and
battery, battery, assault with the intent to commit bodily harm, assault on a person, or abuse by an applicant against
his/her parent, step-parent, sister, or brother, regardless of disposition. Recruiting Battalion Leadership Team will
forward all such cases to USAREC Plans and Policy for review if determined that they fall under the Lautenburg
Amendment.
6. Domestic battery/violence charge as defined under Lautenburg law, regardless of disposition (see definition in
paragraph 4–7f) (CG, USAREC).
(b) Court documents are required for minor nontraffic, misdemeanor, serious offenses, and serious criminal misconduct
charges.
(2) Any applicant who is denied enlistment because of questionable moral character will have the denial information
forwarded via e-mail to RCRO–PB–WB at USAREC.
f. Applicants enlisting in the DEP/DTP/DS who conceal charges that require a waiver will be discharged. All DEP/
DTP/DS applicants discharged under this paragraph will incur a 6-month waiting period from date of separation orders
and require a fraudulent enlistment waiver from the recruiting battalion commander along with any additional waivers
as noted in this chapter. The waiting period is for administrative and evaluation purposes. Any applicant enlisting in the
DEP/DTP/DS who conceals charges not requiring a waiver will be reviewed in accordance with the following:
(1) Recruiting brigade commander is the discharge approval authority for all applicants who fraudulently enlist in
the DEP/DS for charges not requiring a waiver.
(2) Discharge authority for DTP soldiers who fraudulently enlist is the same as approval authority authorized to
retain AR soldiers.
4–3. Submission of requests
a. Unless indicated otherwise in this regulation, requests for waiver and other actions that require approval by the
CG, HRC (for RA); CG, HRC—St. Louis (for AR); or CG, USAREC will be forwarded to appropriate e-mail address.
Every effort will be made to ensure capture of electronic record of waiver starting at the recruiting station level.
b. Waivers approved by CG, HRC for enlistment in the RA may be used for enlistment in the AR, provided the
individual is otherwise qualified. However, waivers approved by CG, HRC—St. Louis may not be used for enlistment
into the RA.
4–4. Listings of disqualifications
a. When processing moral waivers, all offenses must be listed. If multiple charges arise out of a single act that
results in a civil court conviction or other adverse disposition, all charges will be considered for enlistment eligibility purposes (for example, a person caught by police during an attempted shoplifting who then resists arrest and is fined $300 and 1-year unsupervised probation.) Charges will not be combined (stacked) in order to be viewed as one charge. Both charges must be considered for waiver purposes. Doubtful cases will be referred to USAREC Plans and Policy Division.
b. Typical offenses are as follows:
(1) Traffic offenses treated as minor by law enforcement agencies of the State where the offense was committed should be treated as minor (para 4–8). While parking tickets are not listed as typical minor traffic offenses, unpaid parking tickets remain a disqualification as a pending charge. If the maximum confinement under local law is 4 months or fewer, the offense should be treated as minor nontraffic. If the maximum confinement under local law exceeds 4 months, but does not exceed 1 year, treat the offense as a misdemeanor.
(2) The lists of typical offenses shown in these paragraphs are guides. It is not practical to list all offenses. Treat offenses in each paragraph and those of a similar nature according to the type of offenses listed in the paragraph despite their classification under State law and whether the determination is deemed a conviction or adjudication under State law. The offenses named in paragraphs 4–8 through 4–11 will be considered to have the elements of those offenses under the common law or the UCMJ when no such common law exists.
(3) Persons applying for waiver of conviction or other adverse disposition will provide evidence of satisfactory rehabilitation and documents to support the waiver request.
c. Paragraph 4–24 lists nonwaiver moral and administrative disqualifications. The following rules apply to moral disqualifications.
(1) Persons released from custody or restraint of a court under procedures that do not result in final disposition of the charge are morally disqualified. Examples of such releases are—
(a) Release following plea of any type to the court (including plea of guilty or nolo contendere).
(b) Release on probation without verdict.
(c) Release on person’s own recognizance.
(d) Release following charges that are placed on file.
(e) Any similar disposition, without regard to its technical name, that indicates the person may remain subject to
further judicial proceedings in connection with the charges.
(2) In addition, persons who are granted release from charges at any stage of court proceedings if they will apply or be accepted for enlistment in any Armed Forces are not qualified for enlistment (see para 4–12b). Questionable cases will be referred to USAREC Plans and Policy, through the chain of command. Granting of release from charges is an alternative to further prosecution, indictment, trial, or incarceration in connection with the charge, or proceedings relating to adjudication as a youthful offender or juvenile delinquent.
(3) The above bases for disqualification will be considered removed if the official chiefly responsible for prosecution
of the charges submits a signed statement that, under the laws or current practices of the jurisdiction, applicant is not subject to further restraint, custody, control, or prosecution by authorities thereof. Such officials include the district attorney, judge of the court involved, or higher official of the jurisdiction concerned who has responsibility in connection with the case.
d. Paragraph 4–25 lists nonwaiver disqualifying separations. Persons separated from any component of the Armed Forces, whose separation documents contain disqualifying RE codes or entries in paragraph 4–25, will not be considered for waiver.

4–7. Serious criminal misconduct
a. A waiver is required for any applicant who has received a conviction or other adverse disposition for a serious criminal misconduct offense.
b. The approval authority is the CG, USAREC. Applicants will incur a 6-month wait from date of conviction prior to waiver processing.
c. The approval authority for applicants with two DUI/DWI convictions, one of which occurred outside the 3-year period is CG, USAREC (see para 4–24 for conviction inside the 3-year period).
d. The approval authority for applicants with two possessions of marijuana or paraphernalia convictions/other adverse disposition, one of which occurred outside the 3-year period is CG, USAREC (see para 4–24 for conviction inside the 3-year period).
e. For OCS and WOFT applicants, a waiver is not authorized because they will not be eligible for a security clearance.
f. 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.

4–11. Typical serious criminal misconduct offenses
The following are typical serious criminal misconduct offenses:
a. Aggravated assault, assault with dangerous weapon (brigade-level suitability).
b. Arson (brigade-level suitability).
c. Attempt to commit a felony.
d. Breaking and entering.
e. Bribery.
f. Burglary (possession of tools), to include auto.
g. Carjacking.
h. Carnal knowledge of a minor.
i. Check, worthless, making or uttering, with intent to defraud or deceive ($500 or more).
j. Child abuse (CG, USAREC-level suitability).
k. Criminal libel.
l. Domestic battery/violence, considered under the Lautenburg Amendment (CG, USAREC-level suitability).
m. Embezzlement
n. Extortion.
o. Forgery; knowingly uttering or passing forged instrument.
p. Graft.
q. Hate Crimes (CG, USAREC-level suitability).
r. Illegal/fraudulent use of a credit card, bank card, or automated card (value of $500 or more).
s. Indecent acts or liberties with a minor.
t. Indecent assault.
u. Kidnapping or abducting, to include parental kidnapping of a child(ren).
v. Larceny or conversion (value of $500.00 or more).
w. Mail matter; abstracting, destroying, obstructing, opening, secreting, stealing, or taking.
x. Manslaughter.
y. Misprision of felony.
z. Murder (CG, USAREC-level suitability).
aa. Moral turpitude (CG, USAREC level suitability).
ab. Narcotics or habit-forming drugs; wrongful possession or use (marijuana not included).
ac. Negligent/vehicular homicide (brigade-level suitability).
ad. Pandering.
ae. Perjury or subornation of perjury.
af. Possession or intent to use materials in a manner to make a bomb or explosive devise to cause bodily harm or
destruction of property.
ag. Public record; altering, concealing, destroying, mutilating, obligation, or removing.
ah. Rape, sexual abuse, sexual assault, criminal sexual abuse, incest (brigade-level suitability).
ai. Riot.
aj. Robbery, to include armed (brigade-level suitability).
ak. 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)).
al. Sodomy.
am. Stolen property, knowingly received (value $500 or more).
an. Terrorist threats
ao. Unauthorized use/taking of a vehicle/conveyance.
ap. Violation of civil rights (CG, USAREC-level suitability).

Answer 2

Go in and ask a recruiter, just be honest with them and they will tell you what they will accept. I think if its a juvenile conviction it won't much matter. But A BIG WORD OF ADVICE BEFORE/WHEN JOINING...make sure everything you are promised is in writing on your contract BEFORE you sign. Serious, if you are promised a bonus which you should be if you take the ASVAB and qualify for operating room specialist its a special MOS(job)and should get you a higher pay grade and bonus but make sure the MOS (job) you want is on the contract along with your rank and the bonus, do not sign it if its not as its common for recruiters to promise one thing and the soldier not get it...good rule of thumb...if its not in writing you aren't going to get it. also note the army is the only branch of service who guarantees you slot in the MOS (job) you want, but thats only if the ASVAB test shows you have an aptitude for it. I doubt this juvenile record will be a problem and the process for joining to entering varies.....when you join it may be a week to a month before you actually report then you are sent to a MEPS center (its the military processing center) and they check to make sure you have all your paperwork from the recruiter and will discuss whats on your enlistment contract, if what you were promised is not on there they will not honor it no matter how many times you say the recruiter promised it. Processing takes 1-3 days depending on if all your paperwork is in order, if you have to stay over they usually put you in a barracks or hotel until they ship you out to your basic training designation, then after basic comes AIT (advanced training) in the MOS you applied for then after that you will be assigned to a battalion and shipped to whereever the army needs you. you are joining the ranks of a long line of distingushed service men and women and you should be proud of that, i want to say as a nation the majority of us are proud of you too and appreciate so much the sacrifices you will be making and we want to thank you.....HOOAH !!!! (you'll be hearing that a lot in the army) congrats, stay safe and good luck

Answer 3

best thing to do is talk with a recuiter they have all the answers. Years ago it was easy to get in with a record now a days with a large pool of man power they are more picky... ie record and a HS deploma or ged. those last two you really need. Air Force is a 4 year stint and the only people who carry weaponds is the Air Police and their Combat Police section. most never see or use one except maybe to qualify... Far as OP tech your apitiude test determain what you will do along with the imediate needs of the service

Answer 4

It's actually quite easy for the enlistee. The recruiter will have to do some leg-work, but that is what he gets paid for. The Army is DESPERATE for soldiers right now, but even before the war, they would take criminals who were ordered by judges to serve in the military. BTW, ALL soldiers carry weapons except for military chaplains. Even if you are a operating room tech, you will still go to a modified Infantry basic training.

Answer 5

Usarec 601-210

Answer 6

Thats all we need, more junior convicts with weapons!

Answer 7

ask the recruiter they can help you. Is it a Felony ? not sure anyone will let you in.

Answer 8

See -- https://backgroundreports.im/

Answer 9

army probably ............air force i don't think so

Answer 10

I THINK IT WILL BE OK GOOD LUCK