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  1. #1
    michael_cox19 Guest

    How does UCMJ Conviction affect Me?

    Convicted UCMJ Art. 112A (drug distribution) and Art. 107 (false official statement). Convicted in Florida under a General Courts Martial & sentenced 18 mos. confinement and a Bad Conduct Discharge. When an employer runs my Federal background check it appears, but as a UCMJ charge. When applying to an employer such as airlines where FAA requires no felonies, what are my rights. Most employers are confused about it and just wont hire me because of that. I also dont know if I can or Cant purchase or possess a weapon. When convicted I was never in any way informed of a felony or what I could or couldnt do. Were can I find out what my rights are?
  2. #2
    bsdaddict Guest
    conviction under GCM = felony

    not sure where to find a listing of what rights you've lost, but don't think about buying a gun unless you want ATF thugs busting down your door.
  3. #3
    FrancoAndolini Guest
    Devil Dog, Unfortunately, Less Than 2% Of Oth Discharges Get Upgraded To General, And A Fraction Of That Percentage For Gcms. Man You Got A Rough One. Drug Distribution Is Heavy And It Will Affect Your Future Job Opps. Always Due To The Bcd. Sorry To Drop That Onyou, But I'm Sure You Want The Straight Scoop.
  4. #4
    badapple40 is offline Senior Member
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    Your GCM convictionis regarded as a felony under federal law. State law may treat it differently, but I wouldn't count on it for drugs, especially for a distribution charge (a possession charge might be differently).

    You cannot own/possess a weapon. The UCMJ conviction is a disability under the federal law governing possession of a firearm with a disability).

    My advice at this point: live a clean life, get involved in your community, do everything "right." Wait a few years, and apply for a pardon. Only a presidential pardon can restore your rights at this point.
    The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
  5. #5
    judith2776 is offline Junior Member
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    Ucmj

    Quote Originally Posted by michael_cox19 View Post
    Convicted UCMJ Art. 112A (drug distribution) and Art. 107 (false official statement). Convicted in Florida under a General Courts Martial & sentenced 18 mos. confinement and a Bad Conduct Discharge. When an employer runs my Federal background check it appears, but as a UCMJ charge. When applying to an employer such as airlines where FAA requires no felonies, what are my rights. Most employers are confused about it and just wont hire me because of that. I also dont know if I can or Cant purchase or possess a weapon. When convicted I was never in any way informed of a felony or what I could or couldnt do. Were can I find out what my rights are?
    We have a similar problem. My son has a felony conviction but was told by some buddies that not all states recognize UCMJ. I pray that this is true. Anyone have any knowledge on this? Thx & God bless!
  6. #6
    SHORTY LONG is offline Senior Member
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    Question michael_cox19 "BCD"

    Quote Originally Posted by michael_cox19 View Post
    Convicted UCMJ Art. 112A (drug distribution) and Art. 107 (false official statement). Convicted in Florida under a General Courts Martial & sentenced 18 mos. confinement and a Bad Conduct Discharge. When convicted I was never in any way informed of a felony or what I could or couldnt do. Were can I find out what my rights are?
    THIS POST IS OVER TWO YEARS OLD DAH! However, for the sake of sharing my input to this: michael_cox19, how long ago was this conviction from your GCM? Were you not represented by Counsel? Did you have a full Court of your peers; or just by a trial by a MJ alone? Has any appeals been undertaken from the GCM in the Military system? If you do not want to disclose this here, then send me a pm only if you have not waited years to finally begin the very long uphill battle that lies ahead in trying to get your conviction off your record[s]! Again, i emphasize in that if you have waited for an example over six years and now want to try to at least get some of your rights restored, then, please, there is nothing i may be able to share in trying to help you! I do however, appreicate your honesty, and hope that you will be able to with stand the guilt tripping that will always be with you; been there and done that for over 20 years!
    Last edited by SHORTY LONG; 09-27-2006 at 09:30 PM.
    Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.

    "There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

    Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
    to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!
  7. #7
    fozzy2 is offline Member
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    Quote Originally Posted by judith2776 View Post
    We have a similar problem. My son has a felony conviction but was told by some buddies that not all states recognize UCMJ. I pray that this is true. Anyone have any knowledge on this? Thx & God bless!
    All states "recognize" the UCMJ, but the term "UCMJ" covers a vast amount of legal ground. Under the Uniform Code for Military Justice (UCMJ) you can have anything from a general court martial for rape/homicide punishable by death, down to an Article 15 'mast' for failing to salute where the offendor just gets a tongue lashing- and that is just the "punitive" articles.

    The UCMJ does not explicitly divide crimes into "felonies" or "misdemeanors" (or grades thereof), which can cause confusion because many state laws/restrictions apply to "felons" or such. There are some basic guidelines as to what "counts" as a felony and what does not, but as is often the case there are exceptions and constant changes to the law across the 50 states. Generally speaking, I'd say that states have been becoming more broad in their willingness to classify someone as a felon. You run into the same complications with "sex offendor registration" laws - since the laws vary from state to state a person who may have to register in one state may not have to in another. A crime that may qualify as a "sex crime" in one state might not qualify in another, particularly if the crimes are not defined precisely the same way in the two states.

    This causes real problems for attorneys (including JAG attorneys) who are trying to counsel clients. If I'm a lawyer practicing in California, for example, it can be problematic if someone asks "What effect will this conviction have on me if I move to Montana 9 years from now?".
  8. #8
    SHORTY LONG is offline Senior Member
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    Question judith2776

    Quote Originally Posted by judith2776 View Post
    We have a similar problem. My son has a felony conviction but was told by some buddies that not all states recognize UCMJ. I pray that this is true. Anyone have any knowledge on this? Thx & God bless!
    judith2776, could you please be more clear and concise instead of posting your post in generality, in order that we may be able to provide you with even more information! Thank you.
    Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.

    "There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

    Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
    to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!
  9. #9
    thepizzaguy is offline Junior Member
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    whats up with all the kicked off members? Including myself.
    Last edited by thepizzaguy; 09-27-2006 at 11:08 PM.
  10. #10
    Ncdaddyje is offline Junior Member
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    Art 112a

    I was convicted of Art 112a also back in 2007, but it was because I came up unit urinalysis on 3 separate occasion. I was sentenced to 13 months of confinement. I worked my ass off after I got to my third RCF thats regional correction facility because I was attacked at the other 2 facilities by inmates because I was an military police while I waso active duty. None of my charges have been on any back ground checks I or any of employers have done, but I don't tell them about that stuff cause they just look at my resume & I have been working for a security company for the past 2 yrs.
  11. #11
    Proserpina is offline Senior Member
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    Quote Originally Posted by Ncdaddyje View Post
    I was convicted of Art 112a also back in 2007, but it was because I came up unit urinalysis on 3 separate occasion. I was sentenced to 13 months of confinement. I worked my ass off after I got to my third RCF thats regional correction facility because I was attacked at the other 2 facilities by inmates because I was an military police while I waso active duty. None of my charges have been on any back ground checks I or any of employers have done, but I don't tell them about that stuff cause they just look at my resume & I have been working for a security company for the past 2 yrs.

    Please don't necropost.

    Thanks!

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