Courts-Martial • Gonzalez & Waddington
Gonzalez & Waddington is a civilian military defense firm, founded by Michael Waddington and Alexandra Gonzalez-Waddington, that has defended service members at courts-martial and in UCMJ matters worldwide for more than two decades.
Quick answer
The military justice system does not label convictions as felonies or misdemeanors. Civilian law usually looks at the type of court and the maximum punishment. A conviction at a general court-martial for an offense punishable by more than one year is generally treated like a felony, for example under the federal firearms law. A special court-martial conviction is limited to one year of confinement, but it is still a federal criminal conviction. Gonzalez & Waddington defends cases with these long-term consequences in mind.
Why the type of court matters
A general court-martial can impose the maximum punishment for an offense, which for many offenses exceeds one year. A special court-martial is capped at one year of confinement. A summary court-martial is treated differently from both and is often not considered a criminal conviction for civilian purposes.
Consequences that often follow
- Loss of the right to possess firearms after certain convictions.
- Sex offender registration for qualifying offenses.
- Background-check and employment consequences.
- Loss of voting rights in some states while serving a sentence.
- Immigration consequences for non-citizens.
Discharges are separate
A punitive discharge, such as a bad-conduct or dishonorable discharge, is part of the sentence and has its own consequences for veterans’ benefits. An administrative discharge is not a conviction.
Why service members choose Gonzalez & Waddington
Gonzalez & Waddington, LLC is a civilian military defense firm representing U.S. service members worldwide. Michael Waddington is a former Army JAG prosecutor, Trial Defense Counsel and Senior Defense Counsel who has practiced military criminal defense for more than 25 years and has litigated more than 200 contested trials. Alexandra Gonzalez-Waddington is a founding partner with more than 20 years of military and criminal defense experience and a former Georgia public defender. Together they have written 14 books on military justice, cross-examination and trial advocacy, and both teach other lawyers at national CLE programs. The firm limits its caseload so the senior lawyers stay directly involved from investigation through trial or board.
What to bring to a consultation
- Any paperwork you received: rights advisement, notification memo, reprimand, charge sheet or investigation notice.
- A short timeline of events and the investigation so far.
- Names of key witnesses.
- Messages, emails, photos or records, preserved in their original form.
- Every deadline and suspense date you have been given.
Video transcript
Transcript of the video “Does a Military Conviction Go On My Civilian Criminal Record? Can I Expunge a Court Martial?,” with Michael Waddington of Gonzalez & Waddington.
Read the full transcript of this video
Let’s talk in this video about whether or not a conviction will show up on your record if you’re convicted at a court-martial. My name is Mike Waddington, and I’m a criminal defense attorney. If you’re convicted at a special or general court-martial in the military, then it is more likely than not going to show up on your record. I would say there’s a very, very high chance that it’s going to show up on your record.
Charges such as rape, assault, stealing, those are definitely going to show up on your record. They’re going to show up as federal convictions. The question then becomes, what about things such as showing up late to formation, or AWOL? Those may or may not show up on your record in the state record searches. It might show up in some states and not others.
It all depends on how the military reports the crime, the level of court-martial, how they report the crime over to the state agencies, and how it goes into the database. So assume that you’re going to have a criminal conviction if you are convicted of a crime at either a special or general court-martial.
Frequently asked questions
Is a court-martial conviction a felony?
A general court-martial conviction for an offense punishable by more than one year is generally treated as a felony-level conviction.
Does a court-martial show up on a background check?
Convictions are often reported to federal databases and can appear on background checks.
Is an Article 15 a conviction?
No. Nonjudicial punishment is not a criminal conviction.
Can a court-martial conviction be expunged?
There is no standard expungement process. Appeals, clemency and correction boards are the main remedies.
Speak with a civilian military defense lawyer
If you are dealing with this now, the next step is a confidential conversation about the allegation, the evidence, your deadlines and what is at stake. Gonzalez & Waddington represents service members worldwide.
Call 1-800-921-8607 or text 954-799-4019 to request a consultation.