112A (Possession of some amount of marijuana)

[velocity]

In 1997 I was found guilty of possession of an infantizmal amount of marijuana under 112A. (on purpose so I could go back home and be with my girlfriend at the time who is now my wife) I am about to finish college with a degree in economics and have just started working at a bank. My HR director wants me to get details concerning my conviction, (which I think is illeagal because employment law says that they can not make you find your own criminal background info.) Anyway it apparently shows up as a felony on a background check. Which it can not be a felony since I have bought 5 guns on different occastions.
How do I clear this up and how long will this be relavant on my record, I know certain things only show up for 7 or ten years. This is also the only offense I have ever had.

[badapple40]

Originally Posted by velocity

In 1997 I was found guilty of possession of an infantizmal amount of marijuana under 112A. (on purpose so I could go back home and be with my girlfriend at the time who is now my wife) I am about to finish college with a degree in economics and have just started working at a bank. My HR director wants me to get details concerning my conviction, (which I think is illeagal because employment law says that they can not make you find your own criminal background info.) Anyway it apparently shows up as a felony on a background check. Which it can not be a felony since I have bought 5 guns on different occastions.
How do I clear this up and how long will this be relavant on my record, I know certain things only show up for 7 or ten years. This is also the only offense I have ever had.

Do you happen to know whether the court martial was general or special?

[velocity]

It was a General Court martial. They only said it was "some amount" of marijuana. It can not be considered a felony because I can still purchase fire arms and have been a Martial Arts instructor where I had a background check done and no one with a felony conviction is allowed (The head of the system was also an MP in the Army for 20 years). So does it simply appear to be a felony when a background check is completed?

[badapple40]

It IS a felony. That you skipped through the cracks in your background searches to date does not change the nature of the underlying conviction. In fact, you can be charged as being a possession of a weapon under disability (another federal felony) or under state felony gun possession statutes.

All general court martial convictions where the crime charged results in the potential for over one year confinement are considered felony convictions.

Article 112a, under the MCM, is punishable:

(b) Marijuana (possession of less than 30
grams or use), phenobarbital, and Schedule IV and
V controlled substances. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement
for 2 years.

Thus, because a punishment of 1 year or more was authorized, it is a felony, and thus the bank is correct.

[velocity]

Then it is scary that I a "felon" have purchased firearms 3 pistols and 2 rifles on FIVE different occasions. I was also pulled over for speeding one night and the officer asked if I had any weapons on me and I had a pocket knife on me. All he did was hold it while he did a background check and wrote me a $20 ticket for not wearing my seat belt, he then gave it back to me when I left. Isn't that possession of a dangerous weapon which felons can not have? I was still able to go to Canada, after the background check showed that it was under 30 grams. Which I thought that felons could not go to most other countries?

Either there is something seriously wrong with the background checks or something does not add up. I have heard that GCM=felony, but this is strange in that case.

I can still be employed by the bank as long as I was not sentenced to over 30 days which I was not, I just have to get her the information which takes forever I am finding out.

[velocity]

I found out why I am not a felon. It was a special court martial...

[badapple40]

That makes sense. Be glad that it wasn't a GCM, or you'd be hosed now.

[velocity]

OK, how not hosed am I? Is there any way other than a presidential pardon to get ride of this? And how does it show up on a background check and when? It will be hard to move around in the banking world with this charge if I ever decide to change banks. Or maybe I should stick to the private sector.

[velocity]

So how does this appear on a background check? Will it appear on checks that cover local and state records? Will the sentencing appear, I don't think it always does because that is what the bank wants me to get for them. Which again I think is illegal because I would be doing my own background check which is illegal to do.