Legal Question in Military Law in Ohio

Military felony conviction

My husband was convicted of a crime of a sexual nature at the age of 20 while in the Marines. He served his 7 sentence and was dishonorably discharged.

Previous employment/background checks did not result in this information being reported. Are these records sealed?

He really wants to move forward in the law enforcement field. Would this even be a possibility? If he was convicted in over 10 years ago is it too late (even possible) to upgrade his discharge?

He was young and stupid - will that eclipse any possible civil service career?

Asked on 3/01/07, 12:27 am

2 Answers from Attorneys

Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Military felony conviction

Generally speaking, it really depends on the actual crime that he was convicted of. Records are generally not sealed and a dishonorable discharge would more than likely come up in a job interview even if the employment/background check missed something (and if found later, could provide a reason to be fired later).

A conviction in the �military� is a �federal� conviction; this could/would prove to be a red flag when anyone is trying to get a job in law enforcement. It is not impossible to for a person to attempt an upgrade of his/her �discharge� years after they were removed from the military but it depends on a person�s situation. However, a �conviction� is more than likely going to stay with a person for the rest of their life. (Remember, a �discharge� is separate matter than a �conviction�).

Your husband might want to contact an attorney who works in this area, have him/her review your husband�s records and the facts of his situation, and see what guidance he/she can provide him.

Good luck.

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Answered on 3/01/07, 8:27 am
John K. Harris Attorney at Law

Re: Military felony conviction

Your husband could possibly apply to the Naval Discharge Review Board to have his discharge upgraded. He may aslo want to seek a pardon for his military offense. Pardon of a military offense will not change the character of a military discharge, however. Your husband can contact me if he needs help.

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Answered on 3/01/07, 10:47 am

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