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    moving_on's Avatar
    moving_on Posts: 1, Reputation: 1
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    #1

    Aug 7, 2008, 05:32 PM
    Can I have a Military conviction removed from my civilian record?
    So this is my first post on these forums, so thank you to anyone who takes the time to read this and help me out.

    Here's my back story in short and as brief as possible:

    At 22 years old, after 3 years enlisted in the Army, I got drunk and fooled around (not slept with) the wife of a fellow soldier. The next morning, in shame, I told the soldier what happened. The wife when confronted said that I touched her without her concent and the MP's were called and a week later I was charged with Indecent Assault (Military Charge). In my statement I admitted to (in the legalese) "digital penetration" but pleaded not guilty to the charge. After a lengthy charade of a court martial I was sentenced to 2 years confinement of which I spent just over 17 months. I was reduced in rank and given an administrative discharge (I believe the Jury took pity on me and surprised everyone by not giving me a dishonorable)

    Now, after my release from military confinement I was ordered to report to the county offices of my home in Washington State (also the state of my conviction) where I was told that my military conviction of Indecent Assault translated to a civilian conviction of "Indecent Liberties" which is a class B felony and requiring me to register for 15 years as a level 1 sex offender (or as a level 2 depending on the county).

    It's now been over two years since my release and I'm 26 years old. This is the ONLY thing on my record. I don't even have a single speeding ticket. I go through my life day to day, wondering when I have to tell someone about this embarrassing history. I'd like to move on from this without it having to come up every time I move into a new apartment or apply for a new job.

    So, after that long post, my question... is there any way to clear my name? If I can receive a military pardon will it carry over into the civilian world? I've been told to wait at least 5 years before applying to be removed from the SO registration which I will be doing the very day of my 5 year release anniversary. However, is it possible to have EVERYTHING removed?

    Thanks again for taking the time to read all that and any help will be greatly appreciated.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 8, 2008, 05:21 AM
    As far as I know sexual offenses are NEVER negotiated - the sentence sticks.

    You have 3 more years before you can apply to be removed - I think it would take you that time frame to get a pardon, based on dealings I've had with the Military.

    Plus you would be attempting to reverse (apparently) the findings of a Jury. On what grounds?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 8, 2008, 05:28 AM
    First it normally will require 8 to 10 years after before most courts will consider to have any record explunged and in this case it will be the military court that will have to decide to do it. And to be honest seldom if ever do they do sexual offenses. But you will need to hire an attorney one that is goo in military law to attempt to do this for you.

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