Civilian version UCMJ conviction

[velocity]

ND

In 1997 I was convicted on a special court martial. Max sentence then was six months and I forgot how much for the fines. I will be finishing grad school in Dec. and unfortunately this will not come off of my record.

What is the civilian classification for this? i.e. Misdemeanor

 

[dixeedog]

It all Depends

It depends on the underlying offense on which the courts-martial was convened. There really is not a standard rule. Local jurisdictions handle military convictions differently throughout the county. However, generally speaking a special courts-martial due to its jurisdictional limitations of 1 year of confinement (in 1997 it was 6 months) is classified as a misdemeanor while a general courts-martial if the maxium punishment is over 1 year is considered a felony conviction. But that really doesn't mean much because if the military never reports the offense then convicted military member could enter civilian life with no criminal record.

 

[Help34Friend]

Question or Two....

You must have been in the military to have been courts-martialed. So, one of my questions is: Did you receive a less-than-honorable discharge after your conviction? Because, even if you were only convicted of a misdemeanor, that type of discharge has a way of staying with you.

It also depends on what the misdemeanor IS that you were convicted of. Without knowing that, it's kind of hard to determine if there is a civilian-equivalent.

Are you trying to get rid of a dishonorable discharge, or expunge your misdemeanor conviction from your civilian record?

 

[dixeedog]

Discharge is Important

HELP34 is right in that your type of discharge is could be more important than your actual charge. At a special courts-martial the only discharge available is a Bad Conduct Discharge which is the lesser of the two punitive discharges (the other being a Dishonorable Discharge) However, the courts-martial could have not awarded a discharge. After your sentence the command could opt to discharge you administratively. After your conviction at a special you most likely received an OTH (which takes higher command approval). If you were discharged administratively then you could apply to upgrade your discharge to your specific service discharge review board.

 

[badapple40]

I concur with what was said. This is probably viewed as a misdemeanor conviction by civilian authorities based on the jurisdiction of the forum.

-badapple, COL (S), USAFR