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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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My Son got dishonorable discharge after military trial,

Customer Question

My Son got dishonorable discharge after military trial for desertion, about 12 years ago. Can he get his records expunged? I am myself a civil atty (retired).
JA: Thanks. Can you give me any more details about your issue?
Customer: He was promised complete schooling in the Marine Corp, but once in, they hardly offered any meaningful classes, so he deserted (prior to the Iraqi war), there was no war at that time.
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Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

There is no expungement for a military court martial conviction, which is a federal conviction. The only means of clemency for a General Court Martial is the pardon process through the Department of Justice.

While I certainly understand the facts that you mention as the basis for his decision to leave, legally that isn't an argument against the UCMJ violation, which is why he was ultimately convicted. It may, however, strike a chord with those that review the pardon requests. I won't lie to you though. Obtaining a Presidential pardon is a very low percentage option, but it is regrettably the only option for removing the conviction.

Here is the location for the pardon process.

http://www.justice.gov/pardon/pardon-information-and-instructions

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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