A conviction under Article 120b carries consequences that extend far beyond the military justice system. Federal sex offender registration requirements apply to military convictions just as they apply to civilian ones, and the obligation to register can follow a veteran into every state where they live or work for the rest of their life. The collateral consequences of this registration, including restrictions on residence, employment, and proximity to certain locations, are severe and in most cases permanent.
The specific registration obligations that flow from a military conviction depend on the tier assigned to the offense under the federal SORNA framework, the state where the veteran resides after discharge, and the discharge characterization. Understanding these consequences before trial is essential, because they bear directly on any decision to accept a pretrial agreement or to contest the charges at trial. The registration obligation alone can be a more significant lifetime burden than any other single consequence of conviction.
Federal Sex Offender Registration Requirements After Military Conviction
The federal Sex Offender Registration and Notification Act creates registration obligations that apply to any person convicted of a qualifying sex offense, regardless of whether the conviction was obtained in civilian court or through a military court-martial. A conviction under Article 120b is a qualifying offense under SORNA, and the registration requirement attaches at the moment of conviction, not at the time of discharge.
The specific tier of registration assigned to the offense, which determines the duration and intensity of reporting obligations, is based on the nature of the offense rather than the sentence imposed. Tier III offenses, which include the most serious sexual offenses against children, carry lifetime registration requirements. Tier II and Tier I offenses carry shorter but still substantial registration periods. The fact that the conviction was military rather than civilian does not reduce the registration obligation, and veterans who move to any state after discharge must comply with that state’s implementation of the SORNA requirements.
How Discharge Type Affects Registration Obligations
The discharge characterization a veteran receives does not determine whether SORNA registration is required. The registration obligation flows from the conviction itself, not from the administrative determination about how the service was characterized. A service member who is convicted under Article 120b and then administratively separated with an other than honorable discharge faces the same registration obligation as one who receives a dishonorable discharge following the same conviction.
What the discharge characterization affects is the veteran’s eligibility for benefits, their status in the civilian employment market, and the characterization of their service for other administrative purposes. These are significant consequences, but they are separate from the SORNA registration question. Defense counsel must address both the criminal and the administrative collateral consequences of an Article 120b conviction in advising the client about the full range of outcomes they face.
State-by-State Variation in Registration Requirements
SORNA establishes a federal floor for sex offender registration requirements, but states implement their own registration systems that may impose requirements beyond the federal minimum. A veteran who moves from state to state after discharge must comply with each state’s registration requirements, which may differ in terms of the frequency of in-person reporting, the information required to be disclosed publicly, the geographic restrictions on residence and employment, and the duration of registration for specific offense tiers.
Some states have implemented registration systems that are substantially more burdensome than the federal framework requires. A veteran who is registered in a state with minimal requirements and then relocates to a state with expansive requirements may find that the practical burden of registration increases dramatically as a result of the move. Understanding the registration landscape across the states in which the veteran is likely to live or work after discharge is an essential component of advising them about the long-term consequences of a conviction.
Long-Term Consequences of Registration on Housing and Employment
Sex offender registration creates concrete, practical barriers that affect every aspect of post-service life. Residence restrictions that prohibit registrants from living within specified distances of schools, parks, and other locations where children congregate can make it impossible to find housing in urban areas. Employer background checks that disclose sex offender status effectively bar registrants from most professional employment. Background checks required for occupational licenses, professional certifications, and federal employment disqualify registrants in many fields.
The long-term financial consequences of these barriers are substantial. A veteran who cannot rent housing in most of a metropolitan area, who cannot obtain employment in their field, and who is barred from many professional licenses faces a lifetime of economic disadvantage that compounds over time. These consequences are often more severe and more enduring than the criminal sentence itself, and they must be fully understood by any service member who is evaluating whether to contest Article 120b charges or to negotiate a pretrial agreement.
The Process for Seeking Relief From Registration Requirements and Its Limits
In some states, sex offenders who have completed their registration period and who meet specific criteria may petition for removal from the sex offender registry. The availability of this relief varies significantly by state and by offense tier, and it is not available at all for the most serious offenses that carry lifetime registration requirements. Federal law imposes additional constraints on the availability of registration relief for certain offense categories.
The process for seeking relief where it is available typically requires filing a petition in the state court, providing evidence of rehabilitation and compliance with registration requirements, and demonstiting that continued registration is not necessary for the protection of the public. These proceedings are separate from any military or federal proceeding and are governed entirely by state law. Veterans who believe they may qualify for registration relief should consult with an attorney in the state where they are registered who has specific experience with sex offender registration removal proceedings.
This content is provided for educational purposes only and does not constitute legal advice. Military law is complex and fact-specific. If you are facing a UCMJ investigation, court-martial, administrative separation, or any other military legal matter, consult a qualified military defense attorney before taking any action.