Will a military conviction appear on my civilian criminal record?
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 (Administrative) | |
| Summary Court-Martial | (Usually) | Not a “criminal” conviction for most purposes. |
| Special Court-Martial | Yes (Federal Misdemeanor equivalent) | |
| General Court-Martial | Yes (Federal Felony equivalent) | |
| Admin Separation (OTH) | No (But appears on DD-214) |
Note: Summary Court-Martial rules vary by state, but federally they are generally not considered criminal convictions.
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.
