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joelaws8
joelaws8, Attorney
Category: Military Law
Satisfied Customers: 390
Experience:  I can answer military law questions.
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Good afternoon, I was convicted during military court-martial

Customer Question

Good afternoon, I was convicted during military court-martial of conduct unbecoming an Officer and lying to a special agent. I was wondering how the state of Florida which I recide in view it. Both at what level ( so I can explain it to future employers ) and if there's anyway to seal or expunge it, thank you for your help.
Submitted: 1 year ago.
Category: Military Law
Expert:  joelaws8 replied 1 year ago.
Good afternoon. My name is ***** ***** I am happy to help you find the information you are looking for. I am a licensed attorney and former active duty Judge Advocate in the USMC.Before I can assist, I need some more information from you. Were you convicted at a summary court-martial, special court-martial, or general court-martial? If you were convicted at a summary, were you represented by counsel (highly unusual, but an important distinction)?I look forward to assisting you.
Customer: replied 1 year ago.
It was a general court-martial and I was found guilty of article 92 : violate a lawful general order; article 107: Make false official ( this is the lying to a special agent correspondenot) and article 133 :conduct on becoming an officer and yes I was represented by counsel .
Expert:  joelaws8 replied 1 year ago.
I apologize, what branch of service were you in, and what punishment (if any) did you receive?
Customer: replied 1 year ago.
I was in the Navy and received a 45 day prison sentence of which was reduced to 30 days and was then dismissed from service.
Expert:  joelaws8 replied 1 year ago.
Thank you for that information.
Florida considers three different types of crimes felonies when committed in jurisdictions outside of Florida. (1) crimes that if committed in Florida carry a potential sentence of 1 year of more; (2) crimes that deprive one of their civil rights in other jurisdictions; and (3) crimes that the attorney general of Florida has deemed to be felonies.
Unfortunately, a dismissal is the officer equivalent to a dishonorable discharge, and therefore Florida considers such conviction a felony under the 2nd prong since by federal law, a dismissal or dishonorable discharge does in fact deprive you of civil rights (right to bear arms, for example).
However, the crimes you were convicted of are "military specific crimes" and there are no equivalents in the civilian world. Therefore, potential employers may give that conviction less weight than they would a civilian felony conviction.
To answer your second question, as of now there is no expunction process for court-martial convictions like there is for civilian convictions. However, you can apply the Board for Corrections of Naval Records (BCNR) for clemency and request that your dismissal be set aside. You would have to demonstrate that there was some sort of gross injustice. I must say though that these packages are very rarely approved.
I hate to be the bearer of bad news, but I feel that if I provided you with a false "good news" answer, that would only serve to mislead you.
If I did answer your question, please positively rate my answer as this is the only way I can receive credit for my answer. If you would like any additional information or have more questions please don’t hesitate to ask.
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Thank you very much,
Joe

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