No Civilian Conterpart to Military Charge

[boogie]

In 2007 I was charged in Florida at a General Court Martial of an Article 134: Indecent Assault. Received 18 months confinement, Dishonorable Discharge, reduction in rank to E1. I spent 1 year in confinement and was released, Military wanted me to register as a Sex Offender, the FDLE determined that I do not meet the requirements and there was an administrative expungement of my data stored in the Computerized Criminal History database. I have correspondence from the FDLE that states " The administrative expungement of the above arrest data at the state level also expunges ( My name) Florida information from the Federal Bureau of Investigation's criminal history database."
I have not found anything that correlates the military charge to a civilian charge, and if it is that I have a felony where would that information be? Only if a FBI fingerprint background check is completed does the information show. I have been doing some searching and it appears to be a misdemeanor, but I want to be sure. The FBI says the only way to get my fingerprints removed form their system is if the Navy sent a report. Is there anything that I can do? Thanks for any help in advance

[flyingron]

Since you got 18 months, it would be equivalent to a felony. They don't need to map charge to charge, the fact that you were charged with something that could have (and did) result in more than a year in jail qualifies.

[boogie]

Ok, so is there anything that can be done about it?

[flyingron]

To what end?

[boogie]

Can I have my finger prints removed from the FBI records? Why do I have to state I have a felony if there is nothing that states I do? If an application does not specifically request Military information do I have to volunteer it, especially if I have correspondence from the FDLE stating my history was expunged? I am not trying to get over on anyone or anything, I just want to be informed. Thanks

[flyingron]

You can't have your fingerprints removed.
Who are you talking about with regard to stating you have a felony?
FDLE has nothing whatsoever to do with your military court martial.

[boogie]

ok, thanks

[free9man]

There is something that states it, your FBI record and military record. If an application asks if you have ever been convicted of/plead guilty to a felony, the answer is yes. The question generally is going to refer to any felony be it state or federal (which should include the military conviction.) That plus your DD is going to make finding a job extremely difficult.

[Taurus]

I was court-martial (GCM) in Florida as well and received a BCD, 10 months (out in 8). I committed larceny by sending another member's money to a charity organization ($755) after he had stolen $800 from his military GF and got away with it. He received immunity.

After my trial and while in confinement we were visited by the commander for the area's ADC. He only met with those inmates from the region he supervised. The inmates came back and gloated because they had Special CM's they did not have a "felony".

This is incorrect, and many lawyers and service members a like do not understand the reporting process. What matters is how the state you are in or convicted of treats the crime. The FBI does not distinguish your crime as a Felony and neither should you. In some states, @flyingron is correct. If the conviction could have or did resulted in a year or more, it is a felony to them. Illinois is like that. But even so this is no guarantee as many times the military crime is not reported to the states or misidentified in NCIC. Also, not all States have that provision, and some will not consider Military Convictions at all or look at the "type" of Court-Martial.

When I applied for my firearms card I was put on hold by the FBI because of my military conviction. The FBI reported to Illinois State Police that it was not a "felony" 18 U.S.C. 922(g) did not apply. This, even though I was convicted of Larceny of over $500 - a felony in most states.

Fast forward some time later and I am employed by a large company as a Finance Manager (Rhymes with Con-cast). I put in for a promotion, and am called in months later. Seems like they used their all powerful Google engine and found out I was court martialed. No "record" exists other than the Military and FBI - which is not ordinarily public. They found out because the OPINION of my military appeal was published.

I was fired, not for lying on the job application about a felony, but because I failed to report "off-duty" misconduct for something that happened 4 years before employment.

The sum it up, there is probably nothing tagging you as a "felon" but in the end that does not matter - Your Military Appeal, if available online, will hurt you.