A felony waiver is special permission granted to United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 military recruit

Army recruit

Recruit or army recruit is a term often colloquially used to refer to the lowest military rank in various armed services. It usually implies that the soldier so labeled has not yet completed basic training....

 with a felony

Felony

A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 on their criminal record

Criminal record

A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...

. Some crimes that are considered to be misdemeanors according to respective state law may be, according to the Uniform Code of Military Justice

Uniform Code of Military Justice

The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

, considered felonies and thus would require a felony waiver. Occupations requiring high level security clearances are usually closed to individuals seeking felony waivers. They are increasingly being issued by the U.S. Army

United States Army

The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

 and U.S. Marine Corps

United States Marine Corps

The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...

 to bolster forces that are strained by the demands of the ongoing War on Terror

War on Terror

The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...

. This is a more common practice today than in the past, along with the usage of the stop-loss policy

Stop-loss policy

Stop-loss is a term primarily used in the United States military. In the U.S. military, it is the involuntary extension of a service member's active duty service under the enlistment contract in order to retain them beyond their initial end of term of service date and up to their contractually...

.

US Representative

United States House of Representatives

The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 Henry Waxman

Henry Waxman

Henry Arnold Waxman is the U.S. Representative for , serving in Congress since 1975. He is a member of the Democratic Party. He is considered to be one of the most influential liberal members of Congress...

 of California

California's 30th congressional district

California's 30th congressional district is a congressional district in the U.S. state of California based in Los Angeles County. The district includes many of the upper-class suburbs of Los Angeles, most notably Hollywood, West Hollywood, Beverly Hills, Santa Monica, Calabasas, Agoura Hills,...

 is the chairman of the House Oversight and Government Reform Committee. Upon releasing data focused on felony waivers, Waxman acknowledged public sentiment regarding the usage of felony waivers, stating that "Concerns have been raised that the significant increase in the recruitment of persons with criminal records is a result of the strain put on the military by the Iraq war and may be undermining military readiness."

Usage

United States military

Military of the United States

The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...

 recruiting standards vary according to branch; however, most felonies are excluded from the felony waiver. A felony that occurs below the age of criminal responsibility is more likely to be waived; likelihood reduces if the felony occurred as an adult. According to the U.S. Army, "In either case it all comes down to the type of offense and how long ago it was."

Waivers must be approved by an officer who is ranked as a brigadier general

Brigadier general (United States)

A brigadier general in the United States Army, Air Force, and Marine Corps, is a one-star general officer, with the pay grade of O-7. Brigadier general ranks above a colonel and below major general. Brigadier general is equivalent to the rank of rear admiral in the other uniformed...

 or above, and recruits must have written recommendations and endorsements from community leaders illustrating they would be a good candidate for military service.

Frequency

Data released by the U.S. House Committee on Oversight and Government Reform showed the number of soldiers admitted to the Army with felony records doubled from 249 in 2006 to 511 in 2007. The number of Marines with felonies rose from 208 to 350. According to the U.S. Army, 15 percent of recruits needed waivers in the 12-month period ending on September 30, 2006; 18 percent of the recruits needed them in the fiscal year ending September 30, 2007. The total number of sailors who received felony waivers was 48 in 2006 and 42 in 2007. There were no Air Force recruits with waivers for felony convictions in 2007.

Crimes

In 2007 more than half of the Army's 511 convictions were for theft

Theft

In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...

s, ranging from burglaries

Burglary

Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...

 to bad checks

Non-sufficient funds

Non-sufficient funds is a term used in the banking industry to indicate that a demand for payment cannot be honored because insufficient funds are available in the account on which the instrument was drawn. In simplified terms, a cheque has been presented for clearance, but the amount written on...

 and stolen cars

Motor vehicle theft

Motor vehicle theft is the criminal act of stealing or attempting to steal a motor vehicle...

. Another 130 were for drug offenses

Illegal drug trade

The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...

. The remainder included two for manslaughter

Manslaughter

Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

; five for sexual crimes, including rape

Rape

Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

, incest

Incest

Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...

 or sexual assault

Sexual assault

Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....

, and; three for negligent

Negligent homicide

Negligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...

 or vehicular homicide

Vehicular homicide

Vehicular homicide in most states in the United States, is a crime. In general, it involves death that results from the negligent operation of a vehicle, or more so a result from driving while committing an unlawful act that does not amount to a felony...

. Two received waivers for terrorist threats

Terrorist Threats

Terrorist Threats is the second and final album by West Coast rap group Westside Connection, released in 2003 through member Mack 10's label Hoo-Bangin' Records. The album became popular with its single "Gangsta Nation" and was certified Gold....

 including bomb threats in 2007.

235 of the Marine Corps' 350 waivers were for various types of theft

Theft

In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...

s in 2007, and another 63 were for assault

Assault

In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...

s or robberies

Robbery

Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....

 that may also have included use of a weapon. The remainder included one for manslaughter

Manslaughter

Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

 in 2007; four for sex crimes; and five for terror threats, including bomb threat

Bomb threat

A bomb threat is generally defined as a threat, usually verbal or written, to detonate an explosive or incendiary device to cause property damage, death, or injuries, whether or not such a device actually exists...

s. The Navy's convictions were mostly for a variety of thefts or drug and drunk driving convictions, with two for terror or bomb threats in 2007.