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Will a Military Conviction Show Up on a Background Check?

Will a military conviction appear on my civilian criminal record?

Video: Is a Court-Martial Conviction a Felony? What It Takes Away (2:48) — watch on YouTube

The Short Answer: Yes. It is a Federal Crime.

A Court-Martial is not just a “military thing.”

If you are convicted at a General Court-Martial or a Special Court-Martial, you have a federal criminal conviction. The military is required by law to report this conviction to the FBI. It is entered into the National Crime Information Center (NCIC) database, which is accessed by police, employers, landlords, and background check agencies across the United States.


The “Felony” Definition

Many service members ask, “Is it a felony or a misdemeanor?” The military does not use those terms. However, civilian society does.

Under civilian law, a “felony” is generally defined as any crime punishable by more than one year in prison.

  • Most offenses referred to a General Court-Martial carry a maximum punishment of 5, 10, or 20+ years.
  • Therefore, even if you are sentenced to only 3 months in jail, the conviction itself is treated as a felony on your record because the potential punishment was high.

The Lautenberg Amendment (Gun Rights)

If you are convicted of a Domestic Violence offense (even a minor one) in the military, the Lautenberg Amendment applies. This federal law bans you from owning or possessing a firearm for life. This not only ends your military career (since you cannot carry a weapon) but also prevents you from working in law enforcement or security in the civilian world.


Impact on Background Checks by Action Type

Not all military actions show up on a criminal background check. Here is the breakdown.

Type of Action Appears on FBI Check? Considered a Conviction?
Article 15 (NJP) NO No (Administrative)
Summary Court-Martial NO* (Usually) Not a “criminal” conviction for most purposes.
Special Court-Martial YES Yes (Federal Misdemeanor equivalent)
General Court-Martial YES Yes (Federal Felony equivalent)
Admin Separation (OTH) NO No (But appears on DD-214)

*Note: Summary Court-Martial rules vary by state, but federally they are generally not considered criminal convictions.


Need a lawyer? See court-martial defense: what each includes and what it costs. Call 1-800-921-8607 for a free consultation.

Frequently Asked Questions (FAQ)

Q: Can I get the conviction expunged later?

A: Almost never. The military justice system does not have an “expungement” law like many states do. Once you are convicted, it stays on your record until you die, unless you receive a Presidential Pardon (which is incredibly rare) or we successfully overturn the verdict on appeal.

Q: Will this stop me from getting a government job?

A: Likely, yes. A federal conviction usually results in the revocation of your Security Clearance. Without a clearance, most defense contracting and federal government jobs are out of reach. It also disqualifies you from many state and local government positions.

Q: Does a “Bad Conduct Discharge” count as a conviction?

A: You are confusing the sentence with the verdict. The Bad Conduct Discharge (BCD) is the punishment. The conviction is the verdict of “Guilty.” Both are bad. The conviction ruins your background check; the BCD ruins your access to VA benefits.


The Only Way to Remove a Conviction is to Never Get One.

Once the gavel drops, the damage is permanent. You cannot “fix” a federal conviction five years from now.

Gonzalez & Waddington fights to prevent the conviction from happening in the first place. We aim for full acquittals.

FIGHT YOUR CHARGES NOW

Video transcript: Is a Court-Martial Conviction a Felony? What It Takes Away

Transcript of the video “Is a Court-Martial Conviction a Felony? What It Takes Away,” with Michael Waddington of Gonzalez & Waddington.

Read the full transcript of this video

You’re also going to have a federal felony record. A court-martial conviction is a federal conviction. It’s a felony conviction if it’s a general court-martial. It’s going to show up on background checks, no more government jobs, no more contracting jobs, probably going to lose your security clearance in most cases.

You might not be able to get a professional license. In some states that includes a nursing license, a law license, even a plumber’s license. That record’s going to follow you forever. You cannot expunge a federal felony conviction if it’s from a court-martial.

Firearms. This is a big thing for a lot of our clients. If you’re convicted of domestic violence or felony level convictions, you lose the right to possess firearms. That means you can’t possess them, own them, shoot them, have them in your house.

And if you get caught with one, you’re looking at another federal charge. It’s called felon in possession. You can get put back in jail for a couple more years just for having a gun in your possession or using a gun. That shuts down law enforcement jobs, anything close to the military.

You can’t even be a security guard or a mall cop. No concealed carry permits, no shooting and hunting with dad and your brothers and the friends. Done. Sex offender registration.

If you’re convicted of certain sex offenses in the military, you’re going to have to register. You’re going to be in the public federal database that’s going to trickle out to the state databases. You’re going to have to register everywhere you go and get permission to travel, to live certain places, and to pretty much do anything. Your photo, your address is going to be on the internet in most states.

That’s going to limit your employability. You’re going to be very limited and very restricted with where you can live, where you can even go. Some places you can’t go to a movie theater, a park, a pool, a beach. And you can’t live, in many cases, within a thousand feet of these places.

So, good luck trying to find a house or apartment in a decent neighborhood in which a sex offender can live. In most places, they won’t even let you live there even if it isn’t close to any of these establishments. Most states also restrict where you can work. You cannot be around anyone under 18, which includes going to church in many cases.

You can’t own a phone or a computer, or if you do, it’s restricted. You can’t travel without getting permission. And when you do travel, you have to register in most cases with the local jurisdiction. If you don’t, they can come back after you and charge you with a federal offense or a state offense for failing to register or failing to report.

That’s how most people that are convicted sex offenders end up back in jail. It’s because of a small technical violation. Like I had a client a couple years ago, he went with his brother to a family picnic after getting out of jail at a beach in Georgia. His parole officer found out.

Boom, straight back to jail. He violated parole. He violated the Georgia state sex offender rules. So, if you’re looking to do an online business, understand this, you often cannot have internet access unless it’s monitored by a parole officer or some government official.

Will a Military Conviction Show Up on a Background Check?

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