How Do I Expunge a Court Martial?

Q: Will the military take you if you have a criminal record?

Having a criminal record does not automatically disqualify you from military service. The military evaluates each case individually, considering the type of offense, time elapsed since the conviction, and evidence of rehabilitation. It's important to be honest about your record during the application process.

Q: Can the military remove a felony?

The military does not have the authority to remove a felony conviction from an individual's record. However, individuals seeking to join may explore options like expungement or seeking a presidential pardon, which can help mitigate the impact of a felony on their application.

Full question:

In 1978 I was 19 in the USAF and was Court-Martialed for Assault with a deadly weapon. I served 4 months confinement in a military facility, returned to duty and received an Honorable Discharge after completing my four year tour. I have been clean except for an 'open container' charge about 20 years ago and some speeding tickets. This has not hurt my ability to get a job until now. Can I get my record expunged or sealed?

Category: Criminal
Subcategory: Expungement of Criminal Records
Date: 04/07/2025
State: Michigan

Answer:

To expunge a court martial, a court order is typcally made for expungement as part of a successful appeal of a conviction. A presidential pardon may be sought. A presidential pardon can't be used to expunge a state conviction. However, a pardon will not change the nature of a discharge or expunge a record of conviction. While a difficult process, it is possible. Here are links with some useful information:

http://www.silicon-valley.com/pardonme/index.shtml
http://www.expungingduis.com/expunge-federal-conviction.html
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=6c1b5c47aa33b14a8cd3dc437d82180e&tpl=/ecfrbrowse/Title28/28cfr1_main_02.tpl
http://www.veteransforamerica.org/wp-content/uploads/2008/11/16-Correcting%20Records.pdf
http://usmilitarylawyer.com/clemency.asp

For further discussion, please see:

http://bulk.resource.org/courts.gov/c/F2/825/825.F2d.406.87-1005.html

Please see the following federal statute:

§ 1.2 Eligibility for filing petition for pardon.
No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Will the military accept someone with a criminal record?

The military may accept individuals with a criminal record, but it depends on the nature and severity of the offense. Minor offenses may not disqualify you, while serious crimes, such as felonies, typically raise concerns. Each branch of the military has its own guidelines and discretion in evaluating applicants with criminal histories.