Legal Question in Military Law in Alaska
Expungment
In 2002 I was discharged from the army with an other than honorable discharge for: making false statements, forgery, and bah fraud. I was given the option to re-pay an amount of the money back ($10,000) which I did. I want to be a police officer but they say I am a felon and to get the record expunged? 1. Am I a felon, even though I wasn't court martialed or spent time in a jail 2. Can I get the record expunged or a nondisclosure order fom the army / state of alaska.
2 Answers from Attorneys
Re: Expungment
1. You do not have a conviction.
2. They may be basing this off other documents usch as a CID report from which you were "Titled."
3. You cannot get an expungement. However, if CID has you improperly Titled or an erroneous result given to NCIC, that can be corrected.
4. Police background checks will typically go beyond your DD 214. It's also possible that Blocks 24 through 28 on the DD214 give enough information to the employer for them to suspect more.
Sincerely, www.court-martial.com
Re: Expungment
There is an inequity among civilian employers, especially local police and sheriff departments on how they treat an OTH. Some departments don�t care while others se it as an absolute bar and some go as far as treating it as a felony conviction. There is not much you can do besides trying to explain your particular situation to your prospective employer. But as for the label "felon", you have not convicted of a felony for taking what sounds like a SILT (Separation in lieu of Trial) deal. Good luck.
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