How does this help you?
First, it deals with a federal court's jurisdiction over judgments of conviction that the federal court entered.
Second, the Court held that it "only that [has] jurisdiction over petitions for expungement in certain narrow circumstances – namely, where the “predicate for the expunction is a challenge to the validity of either the arrest or conviction.”
Third, expungement is only available where "a court invoked its inherent power to
remedy an acquittal, an unconstitutional conviction or an abuse of power."
Fourth, in "cases where expungement was warranted, [the court applies] 'a balancing test in which the harm to the individual caused by the existence of the records is weighed against the governmental interest in maintenance of the records.'”
Finally, only "unusually compelling circumstances . . . justify the exercise of the trial court’s
‘narrow’ power to order expunction.”
The Court also stated that "A defendant’s difficulty in finding or retaining employment is a common consequence of conviction and does not constitute grounds for expungement."
Shorty: I understand you've been on a quest to erase the BCD and SPCM court martial from your record. However, you cannot file in district court because of Article 76, UCMJ, which provides that:
The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing the proceedings of courts-martials and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Secretary concerned as provided in section 874 of this title (article 74), and the authority of the President.
The Government will successfully argue that res judicata bars your challenge of the court martial (including challenges to jurisdiction) and that comity to military courts requires and commands that any district court rule against you in your challenge. I respect your continued attempts to challenge this -- but the ship has sailed. It is, in my opinion, a lost cause.
Best,
badapple, COL, JA, USAFR.
. Can you give us the short and sweet skinny on it?