Understanding Military Convictions: Impact on Civilian Criminal Records and the Myth of Expungement
Military service members who face court-martial convictions often find themselves grappling with complicated legal questions. One of the most common concerns is whether a military conviction appears on a civilian criminal record and if it’s possible to expunge a court-martial conviction. In this blog post, we delve into these topics, unpacking the nuances of military law, its interface with civilian records, and the realities of post-conviction remedies.
Introduction: Why Does This Matter?
If you’re currently serving or have served in the military and have been convicted in a court-martial, understanding the implications of your conviction is essential. The consequences extend beyond military discipline; they often affect your civilian life, including employment opportunities, housing, and social standing. Criminal defense attorney Michael Waddington provides expert insight on whether military convictions show up on civilian records and the possibilities of expunging such convictions.
Do Military Convictions Appear on Civilian Criminal Records?
The straightforward answer: yes. Military felony convictions typically appear on civilian criminal records and background checks, even though the conviction occurred under military jurisdiction rather than a civilian court.
Background check providers often access the Form DD-214, which is the official document issued upon a service member’s discharge from active duty. This form, along with other military records, falls under the Fair Credit Reporting Act (FCRA), which governs how such information can be shared with employers and other entities.
It’s important to note that background checks conducted by civilian employers typically include permissible military information. However, sensitive data such as medical history or discharge characterization is excluded to protect privacy.
Serious offenses like rape, assault, or theft committed under a special or general court-martial almost always appear on civilian records as federal convictions. Less severe offenses, such as minor disciplinary infractions (e.g., AWOL or tardiness), may or may not be reported depending on state reporting practices and how the military transmits the information.
Understanding the Types of Courts-Martial and Their Civilian Equivalents
There are three types of courts-martial:
- Summary Court-Martial: The lowest level, typically for minor offenses, and has no direct civilian equivalent.
- Special Court-Martial: Handles intermediate offenses, similar to federal misdemeanor courts; punishments are limited to confinement of one year or less.
- General Court-Martial: The highest court level, equivalent to a federal district court. It can impose severe punishments, including dishonorable discharges, confinement, and even the death penalty in certain cases.
The type of court-martial impacts how the conviction is recorded and perceived in civilian contexts. A general court-martial conviction carries significant weight and is treated much like a federal felony conviction.
Can You Expunge a Military Court-Martial Conviction?
A common misconception is that court-martial convictions can be expunged or removed from your record. Unfortunately, military court-martial convictions cannot be expunged. Unlike some civilian criminal records that may be eligible for expungement or sealing, military convictions remain part of your permanent record.
However, there are limited post-conviction review processes available, such as appeals to higher military courts and, in rare cases, the U.S. Supreme Court. Additionally, service members may apply for clemency or seek a review of their discharge status through the Board for Correction of Military Records, which might improve their discharge characterization but does not erase the conviction itself.
What Does a General Court-Martial Conviction Entail?
A general court-martial is a formal military trial involving a military judge, prosecutor, defense counsel, and a panel of at least eight officers who serve as members deciding the verdict. Enlisted personnel may request that some panel members be enlisted as well, and the accused can opt for a judge-alone trial.
The maximum punishment for offenses tried in a general court-martial is prescribed by the Manual for Courts-Martial. Convictions can lead to:
- Confinement (prison time)
- Dishonorable or bad-conduct discharge (for enlisted personnel)
- Dismissal (for officers)
- Other punitive measures, including fines and forfeitures
Because the process and standards are rigorous—requiring proof beyond a reasonable doubt and multiple levels of review—a general court-martial conviction is a serious legal matter with lasting implications.
Bridging Military and Civilian Legal Systems
The military justice system operates with procedural rules similar to federal civilian courts, especially regarding evidence and due process. However, the military retains unique characteristics tailored to maintaining discipline and order within the armed forces.
When a court-martial conviction is entered, it transitions beyond the military system, impacting civilian life through public records and background checks. This overlap underscores the importance of understanding both military and civilian legal consequences.
Conclusion: Navigating the Complexities of Military Convictions
Military convictions have profound and lasting effects that extend well into civilian life. If you’re facing or have faced a court-martial conviction, it’s crucial to recognize that such convictions generally appear on civilian criminal records and cannot be expunged.
Given the complexity of military law and its intersection with civilian legal systems, consulting an experienced criminal defense attorney familiar with military justice—like Michael Waddington—is vital. Proper legal guidance can help you understand your rights, explore available appeals or reviews, and navigate the consequences of a military conviction.
For more information or personalized legal assistance, consider reaching out to military criminal defense professionals who specialize in these matters.
Resources:
- Military Convictions and Civilian Records – UCMJ Defense
- Military Law Frequently Asked Questions
- Michael Waddington LinkedIn
- Michael Waddington Avvo Profile