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Updated January 12, 2021
Can you join the military with a criminal record?
We get this question a lot, especially if one has a misdemeanor. Will this create an issue with being accepted into the Canadian Armed Forces (CAF)? If you want to join the Canadian Army and serve your country, but your past life holds a criminal record, you will need to obtain a Record Suspension, formerly known as a Canadian Pardon. The Regular Force is made up of the Air Force, Army, and Navy. These branches of the Canadian Armed Forces have a unique set of moral character requirements and all must comply with federal law as it relates to recruits with criminal records.
The Canadian Armed Forces recruits for various positions in the Regular and Reserve Forces. Both forces are made up of commissioned officers and non-commissioned members (NCMs). NCMs are usually skilled personnel who provide operational support to commissioned officers.
To join the Regular Force in a full-time capacity you must meet some basic and specific criteria. Basic requirements to join as a NCM include:
- being a Canadian citizen
- being between 17 and 57 years old (If you are under 18 years old, you will need permission from your parents or guardian.)
- having completed at least Grade 10 (Secondaire IV in Quebec)
You may also join the Reserve Force in different capacities of training and availability. You need to be at least 16 years old (for enrolled students, 18 otherwise) to meet basic eligibility for the Reserve Force. Specific requirements will depend on specific posting.
Can a non-citizen join the Canadian army?
You must be a Canadian citizen to join the Canadian Armed Forces. However, in limited circumstances, a Permanent Resident can join the military as long as the Chief of the Defence Staff agrees that it won’t compromise the national interest. The recruit should intend to gain citizenship within four years.
What is the Application Process?
There are four main steps you have to go through before becoming a member of the training force of the CAF. Although some delays can occur, the process can take as little as a week. When complications arise, the processing time increases. Examples of complications include: medical conditions that require follow-up with family doctors or specialists, or background checks through the RCMP that require fingerprinting and analysis.
Further delays are also expected due to the current pandemic. The CAF is still accepting applications and new applicants are encouraged to start their application. Here are the main steps:
- GCKey Account - Generally, the application to join the CAF begins with creating a GCKey account. A GCKey account allows you access to the government’s online services. After submitting your profile, you will be contacted with more information on the application process.
- Canadian Forces Aptitude Test - Next, you will be required to take the Canadian Forces Aptitude Test (CFAT). This is a standardized test that measures Verbal Skills, Spatial Ability, and Problem Solving. It will take approximately 60 minutes to complete a series of three Canadian Forces aptitude tests. A pass mark is determined by the position for which you are recruiting.
- Medical Examination - After the CFAT, your physical eligibility will be determined by a health questionnaire, physical exam which includes measuring your height, weight and evaluating your vision, colour perception and hearing , and review of your medical history.
- Personal Interview - As in a job interview, military career counsellors will assess your fit for the military. They will consider various things including work experience, motivation, and personality.
- The Reliability and Security Screening - In the final stages of your application, officers will verify your application data. Among other checks, you will submit to a criminal record check which will reveal both pending and expunged offences. This is the most important stage of your application. The completion of your screening process will result in acceptance or denial of your reliability status.
Can you still join the Canadian Armed Forces with a criminal record?
An applicant to the Canadian Armed Forces must be of good moral standing and have no outstanding obligation under the judicial system. Although a criminal record may not automatically disqualify you from service, it lowers your overall suitability.
A Canadian criminal record does not necessarily preclude you from joining the Canadian military. If you do have a record that has not been pardoned, such as a DUI, it could be considered on a case by case basis.
However, serious crimes would likely prevent you from being accepted. You should also make sure that you have finished your sentence, including fines and probation before you apply.
If you do get into the military with a criminal record, you should apply for a Record Suspension as soon as you are eligible so that you can be considered for promotions in the future.
It is also important to note that a record suspension will not only help you get accepted into the CAF by meeting the requirement but, if in the future you are called before the CAF disciplinary board, your existing criminal record may affect your current standing. In Canada prosecutions before disciplinary boards for disciplinary offences such as conduct prejudicial to the profession do not create a criminal record. The same act and previous ones, however, may give rise to a criminal prosecution before civilian criminal courts where, upon conviction, the accused will inherit a criminal record. Therefore, obtaining a record suspension is encouraged.
Applying for a record suspension as a former or current member of the CAF
What if I was or currently serving in the CAF with a criminal record? What is the process? This is another question we get a lot when determining a person's eligibility for a record suspension.
If you were once in the military or you are still currently a member of the force, a military conduct sheet must be submitted as a part of the Record Suspension Application. You can obtain your Military Conduct Sheet by contacting the Department of National Defence Access to Information and Privacy (ATIP) Section under the Privacy Act. If you are a present member of the Regular or Reserve Forces, you must request a certified, signed and dated copy of your Military Conduct Sheet from your Commanding Officer.
Depending on when you left the military is what determines where you obtain your military conduct sheet.
Left three years ago or less – Commanding Officer of the last posting or unit.
Left five years ago or less – The DMCARM.
Left more than five years ago – The Personnel Records Unit at the National Archives of Canada.
The following information should be included in your military conduct sheet application:
- The reason for requesting the conduct sheet must be included as for the purposes of a record suspension (pardon) application
- The individual’s first and last name (at the time, in the case it has changed since)
- Date of birth
- Military ID number or Service Number
- The individual’s signature
- Enlistment and discharge dates
If no conduct sheet exists, you must provide a letter from your Commanding Officer or the appropriate organization, which indicates that no information is available. It is also important to keep in mind that your military conduct sheet will only be valid for six months after it is issued.
What is on the military conduct sheet?
A military conduct sheet will show both civil and criminal convictions. It will also show any kind of military misconduct. The reason this special record is requested is because convictions that occurred in the military do not show on the RCMP criminal record. Therefore, a military conduct sheet is important as part of your application to ensure that all information is accessible and transparent.
The National Parole Board takes this information into consideration when reviewing their final decision depending on the severity of the charges. To ensure that no information is missed, a military conduct sheet is necessary for a successful pardon application. If a pardon is granted, all mention of your conviction in respect of the pardoned offence will be removed from your personal records, including your Conduct Sheet.
Success Story: A member of the CAF was able to serve again due to a granted record suspension
A client of our firm was subject to simple assault under section 266b) of the Criminal Code. In May 2006, our client showed up at his ex-spouse's home to retrieve his belongings. He was accompanied by two military police officers at that time. A verbal altercation was then followed disrespecting his ex-spouse's new boyfriend. Several insults took place and our client gave a push into the chest of the complainant who turned out to be a police officer. Our client was then arrested for common assault and he verbally apologized to the victim during the event.
Moreover, in April 2006, our client was granted an absolute discharge for one count of simple possession of cocaine. A month later, following the first discharge, our client committed a criminal offence which was an aggravating factor to his case.
What was at stake in this case?
When our client first approached us, he had been working full-time in the Canadian Armed Forces for 10 years. He was also due to travel to the United States soon for training with U.S. armed forces. Our client wanted to increase his rank and a criminal record would have jeopardized his entire career. Our mandate was to help our client to get a record suspension in order for him to be able to succeed in his career path.
The process of getting all cleared
When our client retained our services, we advised him to obtain his military conduct sheet which is part of the application. He was able to get a Lieutenant Corporal In Chief of the Canadian Armed Forces to write him a recommendation letter to explain the progress our client has taken since his arrest and to testify about the consequences of a criminal record.
We also advised our client to provide certificates of meeting with his psychologist as well as numerous steps that attested to therapeutic approaches against impulsivity to include in his application. In his personal statement, the client showed sincere regret and we were able to demonstrate that the risk of reoffending was low.
A crime is a crime, but the nature of that crime will always have to be distinguished, for example: theft from an employer or sexual assault. It was a very particular case so we made the decision to give convincing evidence in defence so that the Parole board of Canada would accept our client’s case. After proving our client's profile and the many mitigating factors in this case, the Parole Board of Canada granted a record suspension. Our client has avoided a criminal record and is currently pursuing his career in the armed forces.
What can you do?
The CAF recognizes the Criminal Records Act. This means that having a Record Suspension reflects good conduct and maintains your eligibility for military service. If you are thinking of joining the CAF with a criminal record, obtaining a record suspension allows the focus to be on more important parts of your application.
If you are thinking about a career in the military and would like to seal your record, contact us today for a free consultation at 1-866-972-7366.
