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My Son got dishonorable discharge after military trial,

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My Son got dishonorable...

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).

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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.

Submitted: 2 years ago.Category: Military Law
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Answered in 19 minutes by:
2/3/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,636
Experience: Lawyer and current JAG officer.
Verified

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.

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Military Lawyer: Allen M., Esq., Lawyer replied 2 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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