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Question on Military Convictions

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EX_USMC

Guest
I have a question involving a legal matter that happen while I was enlisted, in 1995.

I was convicted of Larceny (I forget the article number now) at a special Court Martial On Camp Lejune. At the time, my legal counsel told me it was a Miliatry crime only, and wouldn't show up on a background check.

I'm now in a position where I will be applying for jobs that may involve a background check, and want to make sure I know if this is true or not. (I would rather state Yes then get caught in an unwitting lie)

Does anyone have any insight into this matter?


What is the name of your state? New York
 


badapple40

Senior Member
I believe this is reported in NCIC, and should be regarded as a misdemeanor conviction, because it occurred at a SPCM. This topic has been discussed before, and I'll bring it up again, in that the state law where you are applying governs how to answer the question, in that if the state defines a felony a certain way, it may include your offense. I didn't look up new york's definition.

Larceny is not service-specific (as would be, say, failure to follow an order). It is a common law offense that has been codified into statute in every jurisdiction in the united states.

Out of curiousity, what sentence was adjudged and approved by the convening authority?
 
E

EX_USMC

Guest
I bascially got time served, reduction in rank to E1, and a BCD.

They offered me 3 plea bargains, but I wouldn't take it (their case was pretty weak, completely circumstancial) so by the time I got to trial I was already past my release date due to good behavior time.. (Max I could have gotten was 6 months)

Is there a procedure I can go through to get the case sealed or whatever, like there is for most civilian infractions?
 

badapple40

Senior Member
No, the only option for a military conviction is a presidential pardon:

http://www.usdoj.gov/pardon/

You can also possibly get the discharge upgraded through the discharge review board.

Their address is:

Navy and USMC Navy Discharge Review Board
801 N. Randolph St., Suite 905
Arlington, VA 22203.

A copy of an application can be found here:

http://arba.army.pentagon.mil/documents/dd0293.pdf

Hopefully you have led a crime free life since the SPCM and BCD in question and have been involved in the community and otherwise been an upstanding citizen. Letters to that effect, particularly from leaders in your community, may help the process.
 

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