Legal Question in Criminal Law in California

How does a military court martial affect a civilian criminal record

A family member who is in the military was tried and convicted for grand larceny in a military court. This person served a little more than 4 months in a military jail and then was released back into the military. Provided the person doesn't get into anymore trouble, he/she will be discharged from the military with full military benefits. Will the court martial show as a felony on this person's civilian criminal record and affect his/her right to vote and carry a firearm (as with other convicted felons)? Is probation or parole an issue? If the charge shows on this person's civilian record, can the charge be esponged? Finally, is there a way to review your own criminal record (like a credit report)?


Asked on 5/12/03, 6:43 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: How does a military court martial affect a civilian criminal record

Good question, I've not been asked that before. The courts martial conviction probably will show up on a 'civilian' police record search, as the military enters such convictions in the federal database to which police have access. It would also show up in the background check for weapons purchase. If it is classed as comparable to a civilian felony by the FBI [the searching agency] it would then likely be a bar to firearms purchase. While you have the ability to expunge a civilian conviction, not so the courts martial; I don't believe any similar process exists. There are several weasel words of uncertainty in this, so if someone else has better info, I would like to know it.

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Answered on 5/12/03, 5:58 pm


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