Special Court Martial & NCIC question

[LuckyAFguy]

New guy to the forums and have a lingering question.......Back in 2001 I pled guilty to a Special Court Martial for UCMJ Article 108 & 121 @ Eielson AFB AK, Theft of gov property and misappropriation of funds. My sentence was 90 days hard labor without confinement and reduction from E-5 to E-3.

Fast forward 11 years later, I am still active duty, never lost my security clearance and have since had a stellar career and am about to retire honorably. I have since finished my Bachelors degree in Criminal Justice (go figure), got promoted to E-6 and received numerous medals and awards.

Well after all that, I have had folks look into my past military record and nothing shows up. So I applied for a police officer position recently, and come to find out that I have a felony conviction showing in the NCIC system.

So my question is, can this be removed from my civilian record? Thanks for any info....

[Armybamawife72]

You can try and get it expunged from NCIC. Not sure what the process is to do that. I used to be a NCIC guru lol I was a dispatcher for 13 years. Ur a lucky one to have been able to keep in the service.. my hubby wasn't so lucky. Best of luck

[A-Z]

I'm not sure about special court-martials but general court-martial convictions are considered felony convictions because they are punishable by more than 1 year of confinement. If you were never in jeopardy of being sentenced to more than a year then I would say that you don't have a felony conviction but if your maximum possible sentence was more than a year it is considered a felony.

If it is a felony there may still be a way to have it expunged but I am not familiar with the process. Hope this helps.

[ndrusci]

Any court-martial that issues a guilty verdict and could have or did result in a discharge of anything other than an honorable discharge is considered a felony conviction. It will be listed in the NCIC as such. You will have a difficult time getting it expi GED due to new rules for open transparency laws.

[MrEnigima]

Originally Posted by ndrusci

Any court-martial that issues a guilty verdict and could have or did result in a discharge of anything other than an honorable discharge is considered a felony conviction. It will be listed in the NCIC as such. You will have a difficult time getting it expi GED due to new rules for open transparency laws.

Where did you get that information from? Every source I have talked to has stated that it depends how the state would have classified it. A special court martial is generalized as a military misdemeanor court and a general court martial as the felony. (from what several lawyers have told me) Just wondering what expertise you have in this area.