You Were Never Convicted—So Why Is the Military Saying You’re Disqualified?

You were arrested years ago, but the charges were never filed—or maybe they were dropped entirely. You assumed the issue was over. You’ve stayed out of trouble since, built a solid life, and now you’re ready to serve your country.

Then your recruiter drops a bombshell: You may need a Moral Conduct Waiver.
 Why?
 Because of an arrest that went nowhere. No charges. No conviction. Just one bad night—or a misunderstanding that never made it into a courtroom.

If this feels unfair, you’re not alone. Every week, we hear from potential service members across the country shocked to learn that an old, dead-end arrest is jeopardizing their military future.

At the National Security Law Firm (NSLF), we help people in exactly your position beat these kinds of disqualifications and move forward with confidence. Here’s what you need to know.

Does the Military Care About Arrests Without Charges? Unfortunately, Yes.

The U.S. military operates under its own rules when it comes to enlistment eligibility. Even if you were never charged, prosecuted, or convicted, an arrest alone can still trigger a review—and potentially require a waiver.

Why? Because the military’s moral standards are broad by design.

According to DoD Instruction 1304.26, any conduct that suggests a lack of good moral character may disqualify an applicant—even if it never resulted in conviction.

This means:

  • You must disclose all arrests (even without charges) on DD Form 1966 
  • The burden is on you to show that the arrest doesn’t reflect negatively on your character
  • In many cases, a Moral Conduct Waiver is required—even if your record is technically “clean”

The military evaluates the circumstances of the arrest, not just the outcome. That’s why a strong legal narrative and rehabilitative evidence are essential.

Does an Arrest Without Charges Disqualify You Automatically? No—But It Can.

The military looks at:

  • What you were arrested for (type of offense)
  • How long ago it happened
  • Whether it was an isolated incident
  • Whether the behavior was likely or clearly criminal in nature
  • Whether you’ve shown good conduct and maturity since

For example, a single arrest for disorderly conduct at age 18 that resulted in no charges may still raise red flags—but can usually be overcome with the right legal strategy and documentation.

But a pattern of arrests, even without convictions, can be viewed as ongoing conduct incompatible with military service.

What If You Were Arrested but the Case Was Expunged or Sealed?

Even expunged or sealed records must be disclosed under military policy. The DoD doesn’t consider expungement to erase the conduct for enlistment purposes.

But expungement can help—if you know how to use it.

We explain more in this related article:
 👉 Does Expungement Help Your Moral Conduct Waiver Case?

How NSLF Can Help You Win a Waiver for an Arrest Without Charges

Too many waiver packets are denied because they’re:

  • Missing records
  • Poorly written
  • Lacking legal analysis
  • Relying only on a recruiter’s general statement

At NSLF, we do it differently. We build legal-grade waiver submissions that include:

✅ Full record analysis
 ✅ Certified documentation (arrest reports, dismissal letters, etc.)
 ✅ Strategic legal memos putting the event in context
 ✅ Rehabilitation evidence (education, employment, service, character references)
 ✅ A clear narrative showing why the arrest does not reflect your current fitness for service

And we do it all for one simple, flat fee.

Pricing: Transparent and Affordable

We charge a flat fee of $5,000 for full Moral Conduct Waiver representation. That includes:

  • Record review and strategy development
  • Requesting and reviewing law enforcement and court documents
  • Drafting and assembling your waiver packet
  • Collecting letters and supporting documentation
  • Guiding you and your recruiter every step of the way

Need payment flexibility? We’ve partnered with Affirm to offer legal financing so you can pay over time and get started right away.

👉 Learn about legal financing options here

Why Choose NSLF? The Leader in Military Waivers

We’re the go-to firm for Moral Conduct Waivers. Here’s what sets us apart:

  • ⭐ 4.9-star Google rating from hundreds of successful clients
  • Founded by disabled veterans who understand service, commitment, and redemption
  • Staffed by former military prosecutors, judges, and adjudicators
  • Specialized in military disqualifications—including arrests without charges
  • Known for aggressive, strategic, and compassionate representation
  • Representing clients nationwide in all service branches

You don’t get a second chance to make a strong first impression with your waiver. Let us help you make it count.

Additional Resources

Want to learn more about navigating your waiver case? Check out our other articles:

For a full list of resources and insights, visit our Moral Conduct Waivers Practice Page.

Don’t Let an Old Arrest Derail Your Future. Let’s Fix This—Starting Today.

You were never charged. You weren’t convicted. You’ve moved on. Now it’s time to make sure the military sees that clearly.

📅 The sooner you act, the better. Waiver decisions can take weeks or months, and incomplete submissions risk denial. Don’t wait.

👉 Schedule your free consultation today

It’s quick, confidential, and completely free. Just choose a time that works for you—we’ll handle the rest.

We’ll review your record, give you a step-by-step game plan, and help you finally put this behind you—for good.

Your service matters. Your future matters. Let’s get to work.