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I was convicted of one charge of drug use by the military.

How does this transfer over...
I was convicted of one charge of drug use by the military. How does this transfer over to the civilian court records? How do I know if my charge was a felony or misdemeanor?
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6/22/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,717
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Depends on the type of conviction....was this a court martial? If so what type?
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Customer reply replied 4 years ago

Yes, it was a special court martial.

THank you

Then you have what is the equivalent of a misdemeanor

Military law does not break out felony/misdemeanor charges...rather they determine punishment by the type of court created. There are two types of criminal courts martial;

A general court martial can impose up to life in prison (or, in some cases, death)

A special court martial is limited to one year of punishment

If you have a special court conviction, you have the equivalent of a federal misdemeanor conviction

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Customer reply replied 4 years ago

How do I see this on a criminal background check? Where does this record show up? I have searched my home of record to find nothing.... How can employers use this against me? Also, I am still fighting my case because I was drugged and sexually assaulted but the military still charged me for the forced drug use. Do you think I have a chance at turning my case over??

Your conviction may not be in the NCIC. (NCIC is the national crime database)

If law enforcement (CID/OSI) was not involved there would be no reason to enter this into the NCIC.

There would be a record in your military record book. So if you give potential employers access to your record book as part of the hiring process they can review your record book.

Turning the case over? No...not after the appeal process is complete. You would need a pardon from the President to remove it once the final action is complete (once appeals are done)



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Customer reply replied 4 years ago

OSI was involved in my case. Can I do my own check on the NCIC?? Or is there somewhere else that I can see this information?


And do employers get access to this or will it just be the basic information??

You can not run your own NCIC...it is a law enforcement database limited to law enforcement use only. But you can contact the FBI and ask them for a summary report...if you have a record the summary will show it

http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks

Employers can request a similar report

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Customer reply replied 4 years ago

Do employers usually do this or is it mainly just the bigger companies with higher paid jobs? I'm just trying to be a waitress for now and go back to school for awhile, not looking to get into any serious job. But I do want to be a Psychiatrist in the end, will this have an effect on my career choice?

Customer reply replied 4 years ago

So my record will not show up on any state court records? Am I right in thinking that way? Only the FBI one??

You have to see if there is a record. If there is a record, employers will be able to see it. And most employers screen today since it is so easy to do.

Will it impact your career? I can not tell you that...I can only tell you that if it is in the NCIC they can see it

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Customer reply replied 4 years ago

So my record will not show up on any state court records? Am I right in thinking that way? Only the FBI one?? Sorry if this is repeated... your answer for this one isn't coming up. Last question by the way! And just so you know, You've given me such a relief today. I have been trying to find out this information for awhile now!! I will definitely use this service again if I need to!! Thank you so much!!

It is a federal conviction (military law is federal law) so it would not show as a state law conviction. It would not be in any state court records (again, since it is not state law).
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,717
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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