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    armysinger's Avatar
    armysinger Posts: 4, Reputation: 1
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    #1

    Dec 15, 2006, 01:17 PM
    Expunging of Military Criminal Record
    In 1995, CID was investigating my friend, when asked, I admitted that I had used Marijuana and LSD with her on one instance. I was not arrested, never went to court, but I was given a Field Grade Article 15/UCMJ. Lost rank, was given restriction and suspension to post. I had never before nor ever since used drugs. I really want to have this removed from my record. I was granted my Top Secret SCI clearance back, even after the fact. That one mistake haunts me to this day. Is it possible to have it expunged and how? I am wanting to attend Nursing School here shortly and I really want no problems.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 16, 2006, 10:11 AM
    Hello army:

    I have no experience in this at all... But I been waiting for somebody else to answer and... Well, you're stuck with me. That ain't bad. I have an opinion. But, I have an opinion on everything.

    First; some clarity. IF you were given ANY sanction (and you were), then you WERE convicted in some sort of courts marshal. If I remember (and I had my share of 'em), the lowest form (a summary courts marshal) is really just an informal meeting with one person. Even if you don't remember it, or even if you didn't actually attend, you DID have a courts marshal and you DID plead guilty or were found guilty.

    Next; the charge was most likely the equivalent of a civilian misdemeanor, and the record might, in fact, already be expunged.

    Next; since it's a military conviction, I doubt that it shows up on any criminal background checks. Mine don't, and I have two summary courts marshal convictions.

    Next; what makes you think it IS on your record and available for view? You got a Top Secret clearance AFTERWARDS? Looks to me, like it might not be there.

    Next; Before you got through a wasted effort, why don't you spend some money, and do a background check on yourself? That may be the cheapest solution. I'll bet it's not there.

    But, IF it is there, expungement will be useless. IF you find it, you found it through some private service. That means your records have been distributed to a wide, wide array of people, and you'll never put that genie back in the bottle.

    Lastly, I'll bet they'll take you in nursing school even if you admit using pot and acid when you were younger. They let 'em be presidents, so why wouldn't they let 'em be nurses?

    That's all I got. Oooorah - or is that the marines? Well, what do you expect from a sailor?

    excon

    PS> Thank you for your service, even though you're a loadie...
    armysinger's Avatar
    armysinger Posts: 4, Reputation: 1
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    #3

    Dec 16, 2006, 12:27 PM
    No, there wasn't a court martial. I was punished at Unit level only. The Battalion Commander gave me a field grade article 15, with reduction in rank, half 2 months pay suspended, 45 days extra duty, 45 days restriction. However, I worked for a bank, and it did show up on my criminal records check. I had to provide documentation of what I was charged of and what my punishment had been. I was never arrested...
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Dec 16, 2006, 12:52 PM
    Hello again, army:

    Convictions happen in courts marshals or in civilian courts - nowhere else. If there was no courts marshal, then there was no conviction. However, your courts marshal didn't have to happen through CID. Your Battalion Commander DOES have the power to court marshal you, and that's what I think happened.

    You were either court marshaled and convicted (which is my bet), or you have a bigger problem than you started with. You don't need your so called conviction expunged. You need it REMOVED because it isn't correct. You were never convicted of anything.

    excon
    armysinger's Avatar
    armysinger Posts: 4, Reputation: 1
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    #5

    Dec 16, 2006, 01:52 PM
    That's what I thought too. I don't know how to have it removed then... It's quite embarrassing for me. I have an appointment with a lawyer on Wednesday. I was hoping for advice on how to handle it myself, if possible. Maybe I will find something out prior to the appointment. Thanks!
    joshua3187's Avatar
    joshua3187 Posts: 1, Reputation: 1
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    #6

    Sep 18, 2007, 05:15 PM
    Quote Originally Posted by armysinger
    In 1995, CID was investigating my friend, when asked, I admitted that I had used Marijuana and LSD with her on one instance. I was not arrested, never went to court, but I was given a Field Grade Article 15/UCMJ. Lost rank, was given restriction and suspension to post. I had never before nor ever since used drugs. I really want to have this removed from my record. I was granted my Top Secret SCI clearance back, even after the fact. That one mistake haunts me to this day. Is it possible to have it expunged and how? I am wanting to attend Nursing School here shortly and I really want no problems.
    Was wondering if you ever got your answer if so let me the what happened. Thanks.
    armysinger's Avatar
    armysinger Posts: 4, Reputation: 1
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    #7

    Sep 18, 2007, 07:05 PM
    Here is an excerpt I ganked from a website http://usmilitary.about.com/od/justicelawlegislation/a/article15.htm
    About what an Art. 15 is. If you notice at the bottom, I will bold it, it isn't a court martial. I know the charges are on my record because I was working for a bank, and it showed up. I had to provide the Art 15 paperwork, and other such documents as proof that I had no convictions.

    "Nonjudicial punishment (NJP) refers to certain limited punishments which can be awarded for minor disciplinary offenses by a commanding officer or officer in charge to members of his/her command. In the Navy and Coast Guard, nonjudicial punishment proceedings are referred to as "captain's mast" or simply "mast." In the Marine Corps, the process is called "office hours," and in the Army and Air Force, it is referred to as "Article 15." Article 15, of the Uniform Code of Military Justice, (UCMJ), and Part V of the Manual for Courts-Martial, constitute the basic law concerning nonjudicial punishment procedures. The legal protection afforded an individual subject to NJP proceedings is more complete than is the case for nonpunitive measures, but, by design, is less extensive than for courts-martial.

    In the Army and Air Force, nonjudical punishment can only be imposed by a commanding officer. That means an officer who is on actual orders, designating them as a "commander." In the Navy and Marine Corps, nonjudicial punishment may be imposed by an "Officer in Charge." The Term "Officer in Charge" does not mean an "OIC," as a "job title," but rather a specific officer where the flag officer holding general court-martial authority designates the office as the "officer in charge."

    "Mast," "Article 15," and "office hours" are procedures whereby the commanding officer or officer in charge may:

    -Make inquiry into the facts surrounding minor offenses allegedly committed by a member of his command;
    -afford the accused a hearing as to such offenses; and
    -dispose of such charges by dismissing the charges, imposing punishment under the provisions of Art. 15, UCMJ, or referring the case to a court-martial.

    What "mast," "Article 15," and "office hours" are not:

    -They are not a trial, as the term "nonjudicial" implies;
    -a conviction; and
    -an acquittal if a determination is made not to impose punishment.
    military guy's Avatar
    military guy Posts: 2, Reputation: 1
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    #8

    Sep 20, 2007, 04:10 AM
    Armysinger,

    I have a similar situation in my past. I too was given an Art.15 but at a higher level. No matter what the level, it is still Non-Judicial (the term says it all). As far as I know (and trust me I have done some research), the only record available to the public is via the NCIC managed by the FBI. The ONLY way to access your investigation by CID is through finger prints and it has to be done by law enforcement only. With that being said, it will not show-up on employment background checks. Like you, I was never arrested, detained, etc... ; however, I was charged with one specification. That, however, was later dismissed with prejudice (a term that actually does mean a lot in the legal system).
    Just to simplify another misnomer, commanders cannot preside over courts martial; only a federal judge (military JAG officer appointed). With that being said, you and I have never been to court or have a record stating such. Art. 15s happen all the time and thank God that they are non-judicial because there would be so many prior service members in the civilian world with a record. Many, many good folks have received them. The Art.15 hearing is only a tool for commanders to enforce discipline within his/her unit. I recently had a background check for a job and all went well; nothing showed-up. If I were to bet, I would say that your future nursing career looks positive. Good luck.
    Plaid2's Avatar
    Plaid2 Posts: 3, Reputation: 1
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    #9

    Jan 25, 2008, 12:14 AM
    You are all wrong. What you must do in order to correct your military record for an NJP/Article 15 is fill out form DD 149 Application for Correction of Military Record(do a Google search and you can find the form) and send it to the Branch of Service you were in. For the Army the address is Army Review Board Agency, Support Division, St Louis, 9700 Page Avenue, St Louis MO 63132-5200.
    karey815's Avatar
    karey815 Posts: 1, Reputation: 1
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    #10

    Feb 19, 2008, 02:26 PM
    Thank you SO much for this answer! :)

    I have run in to some real life altering "road blocks" due to my field grade article 15. I come from a long line of elementary school teachers and you can bet your life that the field grade comes up as a felony every time!

    Each time I tried to get answers on how to expunge the record, I was always passed off to the next office and so on.

    Do you know about how long this process usually takes?

    Are most request usually honored and most records expunged?

    My field grade was either for attempted drug purchase/use of marijauna or assosciation with an individual attempting to do so, almost 10 years ago. I know it sounds strange that I don't remember exactly what I was in trouble for but it was a once in a life time thing I got caught for, learned my lesson and never attempted again! Plus, I can't find the paperwork to verify and all that comes up on the FBI search is that I am a convicted felon. :(

    Thanks for any extra info you have!

    ~Karey
    Plaid2's Avatar
    Plaid2 Posts: 3, Reputation: 1
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    #11

    Feb 19, 2008, 06:25 PM
    Your Army Criminal Investiation Division/Naval Criminal Investigative Service/Air Force Office of Special Investigations reports are kept on file for 25 years.

    The only thing I can recommend to waive that time limit is to request expungement of your criminal record to the Director of whatever service you where in.

    CID's Mission
    Air Force Office of Special Investigations - Home
    Naval Criminal Investigative Service

    As far as correcting your military record it takes about a year to process. To check on the status of your claim go to this website. Boards of Review Reading Rooms All the branches of service are listed.
    Alimac246's Avatar
    Alimac246 Posts: 2, Reputation: 1
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    #12

    Jun 13, 2008, 07:10 PM
    Quote Originally Posted by armysinger
    In 1995, CID was investigating my friend, when asked, I admitted that I had used Marijuana and LSD with her on one instance. I was not arrested, never went to court, but I was given a Field Grade Article 15/UCMJ. Lost rank, was given restriction and suspension to post. I had never before nor ever since used drugs. I really want to have this removed from my record. I was granted my Top Secret SCI clearance back, even after the fact. That one mistake haunts me to this day. Is it possible to have it expunged and how? I am wanting to attend Nursing School here shortly and I really want no problems.
    I was told you cannot get it expunged but amended whatever the heck that means from someone that works at the US Army Criminal Record System
    usranger175's Avatar
    usranger175 Posts: 4, Reputation: 1
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    #13

    Aug 11, 2008, 08:32 PM
    Does any one know how to get this amended I had the same thing happen I popped hot for pot and the had CID finger print me and that was it beside the AR15. I fought in 2 wars after that and got a honorable discharge. Others guys pissed hot for coke and Ecstasy and got a freebie and received no punishment. Please help guys. I have received 2 college degrees since then and I won't be able to get the job I really want with out getting this fixed some how.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Aug 12, 2008, 06:09 AM
    Quote Originally Posted by usranger175
    Does any one know how to get this amended I had the same thing happen I popped hot for pot and the had CID finger print me and that was it beside the AR15. I fought in 2 wars after that and got a honorable discharge. Others guys pissed hot for coke and Ecstasy and got a freebie and received no punishment. Please help guys. I have recived 2 college degrees since then and i wont be able to get the job I really want with out getting this fixed some how.

    You would have to request expungement -

    CID's Mission
    Air Force Office of Special Investigations - Home
    Naval Criminal Investigative Service
    usranger175's Avatar
    usranger175 Posts: 4, Reputation: 1
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    #15

    Oct 17, 2008, 09:10 PM
    Quote Originally Posted by JudyKayTee View Post
    You would have to request expungement -

    CID's Mission
    Air Force Office of Special Investigations - Home
    Naval Criminal Investigative Service
    Does anyone have a real answer they have nothing on their page that can help. Someone has got to have tried to do this...
    usranger175's Avatar
    usranger175 Posts: 4, Reputation: 1
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    #16

    Oct 20, 2008, 05:12 PM
    Quote Originally Posted by usranger175 View Post
    Does anyone have a real answer they have nothing on their page that can help. Someone has got to have tried to do this...
    FTW


    The former Soldier can apply to the US Army Crime Record Center (CRC) to request the removal of titling from Army Records and FBI Records. The former Soldier needs to send a letter of request with his/her signature and a photo copy of his/her Photo ID Card such as a driver's license. Also include with the letter a photo copy of any documents relative to the titling and evidence that charges were dismissed and the former Soldier was not convicted of the charges. Mail all to US Army Crime Records Center, Attention: FOIA, 6010 6th Street, Fort Belvoir, VA 22060.

    If the CRC denies the former Soldier's request, then application can be made to the Army Board for Correction of Military Records using the DD Form 149 or online application to request removal of the titling. Include with the application a photo copy of all documents sent to the CRC and the reply from the CRC.


    ARBA Webmaster
    Army Review Board Agency
    LoozeGooze's Avatar
    LoozeGooze Posts: 1, Reputation: 1
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    #17

    Nov 7, 2008, 08:49 AM
    Hello, I was wondering if anyone had advice on how I could fix a mistake I made years ago. In 2001 I came up positive on a urine analysis test for ecstacy while in the Army. It was a first time offense and have since then cleaned up my life. Ive been working in security enforcement since and recently had applied to a local police department and was denied employment. Upon further investigation I had conducted a background check and found out that I had a felony conviction on my NCIC report stating that I had failed a urine analysis test and was in possession of ecstacy in 2001. Ive even come to the conclusion that I have lost the right to bear arms or vote because of something I did when I was 19.

    My question is: Is it possible even though I was convicted of the charge, to some how get the charge reduced to a misdermeanor or some how get the charge expunged. Is there anyone who can guide me in the right direction to help me correct this. Even if I can't get the charges dismissed. Does anyone know how I can at least get my rights back as a citizen...

    If anyone could please help, I need all the help I can get. Thank you. :)
    usranger175's Avatar
    usranger175 Posts: 4, Reputation: 1
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    #18

    Nov 7, 2008, 09:13 PM
    Quote Originally Posted by LoozeGooze View Post
    Hello, I was wondering if anyone had advice on how I could fix a mistake I made years ago. In 2001 I came up positive on a urine analysis test for ecstacy while in the Army. It was a first time offense and have since then cleaned up my life. Ive been working in security enforcement since and recently had applied to a local police department and was denied employment. Upon further investigation I had conducted a background check and found out that I had a felony conviction on my NCIC report stating that I had failed a urine analysis test and was in possession of ecstacy in 2001. Ive even come to the conclusion that I have lost the right to bear arms or vote because of something I did when I was 19.

    My question is: Is it possible even though I was convicted of the charge, to some how get the charge reduced to a misdermeanor or some how get the charge expunged. Is there anyone who can guide me in the right direction to help me correct this. Even if I can't get the charges dismissed. Does anyone know how I can at least get my rights back as a citizen...

    If anyone could please help, I need all the help I can get. Thank you. :)

    DID YOU not read my post? That's what you have to do. I took the time to find out since no one actually knew, I had the same thing happen to me I am about to mail the letter off in a week or so.
    bambino33's Avatar
    bambino33 Posts: 2, Reputation: 1
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    #19

    Jun 26, 2010, 09:40 AM
    I served in the military, what you received in Navy Terms is a Captain's Mast. Their other term is called "non-judical punishment" that alone gives away your degree of offense, yes you lose rank, yes they make you do extra duty and restriction, but nothing more. It basically equates to an employer placing you on probation. Its nothing, in fact its just basic military discipline, its desired effect is to straighten you out get you on line to be a good soldier the remaining time while your in the service.
    bambino33's Avatar
    bambino33 Posts: 2, Reputation: 1
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    #20

    Jun 26, 2010, 09:40 AM
    I served in the military, what you received in Navy Terms is a Captain's Mast. Their other term is called "non-judical punishment" that alone gives away your degree of offense, yes you lose rank, yes they make you do extra duty and restriction, but nothing more. It basically equates to an employer placing you on probation. Its nothing, in fact its just basic military discipline, its desired effect is to straighten you out get you on line to be a good soldier the remaining time while your in the service.

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