How Do I Expunge a Court Martial?
Full Question:
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.
