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Can penal code192(c)(2) disqualify me from enlisting in the military? And is there a waiver to waive my charges so i can join?

Olivehurst, CA |

I've been trying to enlist into the Air Force for the last 2 years. My recruiter says what i was charged for was a felony but clearly it says i was 17 when it happened and was charged as a misdemeanor. Please help me out so i can enlist as soon as possible and if there are any ideas that you may recommend on me doing, let me know so. Thank you for your time.

Attorney Answers 4


  1. The military does not care what it was charged at nor what the State of California classifies it. In the Air Force Recruiting Manual, vehicular Manslaughter is a major/Category 1 offense and requires the highest moral waiver.

    It depends on what waivers they will process. It is up to the recruiter and not much to change ths...

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


  2. The military is a in a period of significant down sizing and, as such, is very selective about who they take. As with any prospective employer, it is their call. So if they decide to not grant you a waiver, there is nothing you can do about it. While your desire to serve is admirable, there is little you can do to change this.


  3. The underlying offense is the key here.
    You won't get a waiver.
    THere is a drawdown in military manning. They are only seeking people with unblemished records.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.


  4. Your recuriter is ground zero for what can and cannot be done. They have given you the correct information.

    FWIW, You are ineligible to join any service branch--ever.
    No waivers, letters of recommendation or any other acts or actions will make you eligible to enlist. Sorry for the bad news.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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