Legal Question in Military Law in New York

Court Martial record

I was convicted in a special court martial in the 80's. I did my punishment but was not discharged. I subsquently recieved a honorable discharge with a RE1 reenlistnet code and my seperation code was for normal expiration of enlistment. I have had background checks all the way up to FBI and all come up no record. Do I have to disclose my conviction on a employment application?


Asked on 6/20/03, 3:25 pm

1 Answer from Attorneys

Steven Brand Steven Brand, Attorney at Law

Re: Court Martial record

I would need more facts to answer this.

If the question on the application was, "Have you ever been convicted of a crime, excluding minor traffic infractions," the answer appears to be, "yes."

If it is, "Have you ever been convicted of a felony," Special Court-Martial convictions are usually treated as misdemeanors (but it depends on the offense).

Just because there may not be a record does not give you license to deceive and some people do extensive background checks.

Feel free to e-mail me at [email protected] if you have a follow-up question.

Steven Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

Read more
Answered on 6/24/03, 6:55 am


Related Questions & Answers

More Military Law questions and answers in New York