Trying to apply for work, and am unsure how to, or if I need to disclose my conviction to potential employers.

Asked 11 months ago - Modesto, CA

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?

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . 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.

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . 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... more
  3. Lisa Michelle Bassis

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . 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

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,597 answers this week

3,017 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,597 answers this week

3,017 attorneys answering