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CM Conviction With Bcd; Can It Be Expunged?

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SHORTY LONG

Senior Member
29 JANUARY 2006

Respectfully, can a special court martial conviction with a bcd for purely military offenses be expunged; especially after having it 35 years with an exemplary civilian record? If so, how does one pursue this avenue? Thank you in advance.
 


T

thepizzaguy

Guest
badapple40 said:
No, but it can be pardoned. If you want to take care of it, you need to get it pardoned.
Who has the authority to pardon something like that?
 

SHORTY LONG

Senior Member
Badapple40 THANK YOU!

30 JANUARY 2006

Sir, respectfully, thank you for your time and most invaluable information Sir.
 

badapple40

Senior Member
Shorty:

Let me give you a piece of advice in how to approach this thing. I would not argue that they did not have jurisdiction, that you are innocent, or anything along those lines if you really want the pardon.

The key to the pardon is to take responsibility for your actions, to be remorseful, to explain that the conviction is a stain on your character, and that you've led an exemplary life since the incident and your discharge from the military. In short, you need to show that you've been "reformed." Things like statements from employers about what a good employee you are, from your pastor at your church, about how you always take time out of your day to feed the homeless and nurse the sick, and how you are a wonderful guy who volunteers his time to coach wheelchair bound children to play basketball are examples of things that help the process. These statements should all be notarized. A statement from you about how you were young, irresponsible, and didn't understand the impact or seriousness of your actions at the time would be helpful -- if you also include how you have learned from the incident, realize now that it was serious and was wrong, and worked to improve and rebuild your life following the aftermath of the incident.

If you submit 30 pages about how the military did not have jurisdiction over you or the offense, about how you've been wrongfully convicted, and the like, I would fully expect them to deny your application.
 

marine

Member
Long Shot

.Pardon is a long shot. Clinton ignored my request for a pardon sans a letter explaining what little a aprdon actually accomplishes. Maybe that is due the fact as a Sgt in an officer commission program; I was separated from active duty for having a consensual relationship with a WM not in my chain of command while separating from my former wife. I learned of the outcome of my erroneously conducted board the day former Commander In Chief Clinton admitted to a criminal, analogous situation and lying to the American public.

Tough sell, hunh?

Bad Apple is correct. Even if you aren’t guilty or there are mitigating circumstances, they will not seriously consider at the executive level nor the correction boards if you infer innocence due the ramifications upon appeal.

Sadly, you must infer you are remorseful. You'll have the classic dilemma and internal struggle of do admitting to a transgression to be back in. Is this case, its easy if you are guilty. If your innocent, it a horrific proposition.

In my case, I only have my internal sense of honor now that my professional one has been attacked. I know I was just and to admit otherwise would be to give them that as well. I’d rather maintain Integrity.

I, however, wish you luck.
 
T

thepizzaguy

Guest
badapple40 said:
The President of the United States.

You apply through the pardon attorney, in the department of justice. If you look at the pardon list, there are quite a few military pardons every year.

http://www.usdoj.gov/pardon/

http://www.usdoj.gov/pardon/clintonpardon_grants.htm

http://www.usdoj.gov/pardon/bushgrants.htm
Thanks Badapple. You definitley provide your pro-bono service on this site.

You are a wealth of information, and it is appreciated.

Too bad you can't live on compliments though. Right...
 

badapple40

Senior Member
But... this makes me feel better than getting my white collar executives off of federal criminal charges (25% of my days), or winning civil lawsuits that by all accounts just should not be won leaving injured people without compensation (other 75% of my days).
 

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