Legal Question in Military Law in California

Court Martial conviction- obstruction of justice

I was found guilty of obstruction of justice and graph in a special court martial 4/9/01 Awarded a BCD.

Currently I am on involuntary appealate leave. Active duty awaiting my appealate review.

For any civillian jobs that I apply for must I answer yes to questions that ask if I have been convicted of a misedemeanor crime? Do civillian employers have the right to ask of type of discharge? And is a special court martial conviction cross over to civillian records.

Am I correct in thinking that Military law is different from civillian law in this aspect and need not answer yes to employment questions that ask for misdemeanor convictions


Asked on 6/22/04, 7:19 pm

1 Answer from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Court Martial conviction- obstruction of justice

The answers to your first three questions are "yes." "NO" to your final question. But as to the question of midedemeanor vs. felony, that definition will be controlled by the classification of the most similar offenses under the criminal code in your state of final residence. Better check it out.

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Answered on 6/22/04, 11:51 pm


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