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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33313
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am in the US Army and I was falsley accused of sexual assualt.

Customer Question

I am in the US Army and I was falsley accused of sexual assualt. How can I clear my name
Submitted: 8 years ago.
Category: Military Law
Customer: replied 8 years ago.

Anchorage, Alaska


Already Tried:
Nothing yet. Too afraid to open back the past.
Expert:  John replied 8 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-Could you explain your situation a little more?
-When, Where, were you in the military?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 8 years ago.
Yes I am still in the military so obviousley I didn't commit that crime. They found me innocent without going to court martial, but said that it got pushed up still and now I have it on my record for 40 years.
Expert:  John replied 8 years ago.
Did it happen while you were in the military?

What state?
Customer: replied 8 years ago.
It happened overseas in Korea. It was with another Soldier.
Expert:  John replied 8 years ago.
Okay, how do you know it is on your record?
Customer: replied 8 years ago.
Well on my way back from an overseas trip, I was detained for those charges at the airport. Eventually I was released and went on to see why I was detained. I came to find out that because of that incident everytime my name or finger print comes up, that case those too.
Expert:  John replied 8 years ago.
I am going to bring in some other experts here, as I cannot figure out what it is if you were adjudicated innocent at court martial, its age, etc. Strange circumstances you have there. I will keep tabs and see where we stand in a day.
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to assist and sorry for the delay.

Can you verify what state the arrest was in...was it Alaska?

Customer: replied 8 years ago.
It was in Houston I believe. My case went as far as an Article 32 hearing in Korea, but the judge said there was not sufficient evidence. When I was applying for citenship I had to answer and get a letter and facts from my judge, of what happened in the case. I am not sure exactly what happened or why my case remains opened.
Expert:  P. Simmons replied 8 years ago.
Its most likely you have an entry for your original arrest in the NCIC, National Criminal Information Center

More info here

http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm

To remove the entry, you will need to request the agency that entered the information to remove it.

Most agencies have a process that you can petition to have the entry removed. I recommend you contact the agency...I suspect it was Army CID, here is the contact info

http://www.cid.army.mil/

I would write to them and ask the process to have the information pulled, since you were never prosecuted





Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid for helping you.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33313
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you

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