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wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 17080
Experience:  10 years Experience, have tried several high profile felony cases and misdemeanors
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I teach classes in both the Federal and State prison systems.

Resolved Question:

I teach classes in both the Federal and State prison systems. Is there somewhere where information can be found regarding rights (such as hunting rights and voting rights or joining the military) after a felony conviction? I have found information on voting rights from state to state - is this different for someone with a felony conviction at the Federal level? And I have been unable to find information on joining the military or hunting privileges after a felony conviction. Can you help provide me with a resource? Thanks.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 7 years ago.
Try lexis or westlaw they will have the information also contacting the specific states for their own hunting requirements is the best way, as most states have different requirements.

All branches of the military are different when it comes to recruiting standards, but they all have regulations regarding felonies. The military maintains a high "moral" standard for recruits and is the basis for not allowing most felonies. If the felony occurred when you were a juvenile you have a better chance of getting in the military but if the felony occurred as an adult you may have a hard time getting in, if at all. In either case it all comes down to the type of offense and how long ago it was.

When you apply to the military you are required to tell the recruiting of any incidents that resulted in arrest or in charges being filed. It is a felony not to disclose this information. There's no such thing as a "sealed" or "expunged" record, as far as the military is concerned. The military requires (under federal law) that such records be reviled on enlistment and security clearance paperwork. Failure to do so is a felony.

Congress and the courts have held that Title VII of the Civil Rights Act of 1964, which ensures all individuals are treated equally before the law with respect to civilian employment, does not apply to the military profession. No less than seven major Supreme Court decisions are distilled in the these words from Goldman v. Weinberger:

The military is, by necessity, a specialized society (separate) from civilian society....

‘The military must insist upon a respect for duty and a discipline without counterpart in civilXXXXX XXXXXfe,’ in order to prepare for and perform its vital role.... The essence of the military service ‘is the subordination of the desires and interests of the individual to the needs of the service.’ The history of the courts deferring to the judgment of military leaders on matters affecting the Armed Forces is one of the most consistently upheld principles of constitutional law. Furthermore, serving in the military is a privilege and sometimes an obligation, conferring neither the right to serve nor the right to avoid service... (see Kennedy v. Mendoza-Martinez 372 U.S. 144 (1963)).
Some of the crimes that can keep you out of the army are larceny, assault, rape, drug related and murder. Obviously the more violent the crime, the more serious the crime, the less likely the military is to overlook it. Some minor crimes may be overlooked if significant time has passed since you were convicted and have since had no other felonies. Still, this day and age it's highly unlikely you'll be able to join up, the Army is very picky about recruits and wants the best candidates they can get.

Here is a list of what some of the typical felonies the Army looks at:

Aggravated assault, assault with dangerous weapon, assault intentionally inflicting great bodily harm, or assault with intent to commit a felony. This also includes child, parental, or spouse abuse.
Attempt to commit a felony.
Breaking and entering.
Burglary, (burglary tools, possession of).
Carnal knowledge of a minor
Check, worthless, making or uttering, with intent to defraud or deceive ($250.00 or more).
Conspiring to commit a felony.
Criminal libel.
Driving while drugged or intoxicated, or driving while ability impaired (2 or more offenses).
Forgery; knowingly uttering or passing forged instrument.
Illegal/fraudulent use of a credit card, bank card, or automated (ATM) card (value of $250.00 or more).
Indecent acts or liberties with a minor.
Indecent assault.
Kidnapping or abducting, to include parental kidnapping of a child(ren).
Larceny; embezzlement; conversion (value of $250.00 or more).
Mail matter; abstracting, destroying, obstructing, opening, secreting, stealing, or taking.
Mails; depositing obscene or indecent matter.
Mis-prison of felony.
Narcotics or habit-forming drugs; wrongful possession or use.
Negligent/vehicular homicide.
Perjury or subornation of perjury.
Public record; altering, concealing, destroying, mutilating, obligation, or moving.
Rape, sexual abuse, sexual assault, criminal sexual abuse, incest.
Stolen property, knowingly received (value $250.00 or more).
Solicitation or Prostitution.
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