Joining the Army with a criminal record is possible, but it can be challenging. Expunging your criminal record before applying can significantly improve your chances of being accepted. Here’s how you can clear your record and navigate the enlistment process.
Can I Join the Army With a Criminal Record?
In Illinois, having a criminal record does not automatically disqualify you from joining the Army. However, the process can be complex and requires a thorough review of your criminal history. Expunging your record can make you a more competitive applicant. Here’s what you need to know about joining the Army with a criminal record and how an attorney can assist you.
This guide explains the following:
- Understanding the Army’s moral standards
- The importance of expunging your record before applying
- The steps involved in expunging your record
- The waiver process for criminal records
- How an attorney can help with expungement and enlistment
Here’s a closer look at each.
Understanding the Army’s Moral Standards
The Department of Defense maintains moral standards that determine the eligibility of applicants with a criminal record. These standards outline both waivable and non-waivable offenses. While certain felonies and misdemeanors can be waived, others, such as violent crimes, drug trafficking, and some forms of financial misconduct, cannot be waived. The decision to grant a waiver is handled on a case-by-case basis, and the recruiter plays a significant role in making this determination.
Related: Chicago expungement information
The Importance of Expunging Your Record Before Applying
Expunging your criminal record before applying to join the Army can be a good idea.
The Steps Involved in Expunging Your Record
The expungement process involves several steps:
- Eligibility Review: Your attorney will review your criminal history to determine if your offenses are eligible for expungement. Generally, arrests that did not lead to charges, charges that were dropped, findings of not guilty, and convictions that were vacated can be expunged.
- Petition Preparation: If eligible, your attorney will prepare a petition for expungement, including all necessary details about your case.
- Filing the Petition: Your attorney will file the petition with the appropriate court.
- Court Review: The court will review your petition, and there may be a hearing where your attorney presents your case.
- Judge’s Decision: The judge will decide whether to grant your expungement request. If approved, your record will be expunged.
The Waiver Process for Criminal Records
If you cannot expunge your record, you may need to apply for a “moral waiver” to enlist. This process involves providing full details of all encounters with law enforcement relevant to the waiver. You will need to supply supporting evidence such as letters from friends and family, court documents, and other relevant paperwork. The approval of waivers is not automatic and can take a significant amount of time.
How an Attorney Can Help With Expungement and Enlistment
An attorney can play a crucial role in helping you expunge your criminal record. They can assist you in gathering the necessary documentation, fill out and file your petition, and represent you in court if necessary.
FAQ About Joining the Army With a Criminal Record
Check out these commonly asked questions about joining the Army with a criminal record. If you don’t see your question here, please call our office and we’ll find you the answers you need.
Can I Join the Army With a Criminal Record?
Yes, you can join the Army with a criminal record, but it depends on the nature of your offenses. Expunging your record before applying can significantly improve your chances.
Related: Can people you date find your criminal record?
What Is a Moral Waiver?
A moral waiver is a special permission granted by the military that allows individuals with certain criminal records to enlist. The waiver process involves a thorough review of your criminal history and supporting evidence.
Which Offenses Cannot Be Waived?
Offenses such as murder, manslaughter, terrorism, and sexual assault generally cannot be waived. Multiple convictions for DUI or other serious offenses may also disqualify you from enlisting without the possibility of a waiver.
How Long Does the Expungement Process Take?
The expungement process can take several months from start to finish. After you file a petition, the court will review your case, check your eligibility, and may schedule a hearing. The timeline varies based on the complexity of your case and the court’s schedule.
Related: 5 great reasons to clear your Illinois criminal record
How Can an Attorney Help With Expungement and Enlistment?
An attorney can assist you in gathering necessary documentation, preparing your expungement petition, and representing your case to military recruiters and authorities. They provide guidance and support throughout the process, helping you present yourself as a suitable candidate for enlistment.
Do You Need to Talk to an Attorney About Expungement or Sealing?
If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.
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