I was convicted of a sexual offense in May this year, at a Special Court Martial in the Marine Corps, In North Carolina. I have since returned home to California, and have been following up on my registration as a sex offender in accordance with state law. However upon my initial registration, the clerk at the PD didn't understand my crime as to whether it was a misdemeanor, or felony, therefore I cannot be sure to disclose this on a job application or not. My crime is marked as such: Violation of the Uniformed Code of Military Justice Article 80-Attempting to Wrongfully receive child pornography. I am considered a low level offender, and do not show up on the public database, nor do I have restrictions placed on me, no parole or probation. How do I know what level my crime is?
A special court martial is typically considered a misdemeanor. a general court martial is typically a felony.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
You say you have no restrictions, yet you're still required to register as a sex offender? Ordinarily, a special court martial results in a misdemeanor conviction.
Best of luck
Criminal Defense Attorney
Camp Lejuene? Cherry Point? New River?
You do need to disclose your conviction, as a conviction under the UCMJ is federal in nature. With databases as thorough as they are now, your failure to disclose is more of a problem (and disqualifying) than the conviction itself. The employer may already know about it. Moreover, even if the conviction does not show up now, it may in the future, so hiding it now may set you up for termination later.
As to the level or the offense, or its equivalent in civilian terms under California law, I would call up a military lawyer outside Camp Pendleton, i.e. in Ocenside or San Clemente, and verify the level, as sex offenses have a certain stigma of their own and if you were to report it as a misdemeanor when it is really a felony is problematic.