Legal Question in Appeals and Writs in Virginia

Courts Martial- expungement of record/Federal

Sir, in 1993, I received a Courts Martial and a Bad Conduct Discharge for Assault. My discharge was upgraded to a General, other than honorable conditions.

My question; I would like to expunge the civilian/Federal record to this courts martial as I am attempting to apply for a secret clearance again. I have no other criminal record. this was an isolated incident in my life. I have served overseas for the Coalition Provisional Authority as a Security Specialist for Ambassador Paul Bremer. I have an excellent career as an instructor teaching Department of State Security teams and I would like to attempt to get cleared for future assignments.


Asked on 10/14/05, 7:48 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Courts Martial- expungement of record/Federal

Whether or not your case was "expunged" won't matter to the clearance-adjudicating authorities. Moreover, you might be permanently ineligible for a clearance under the Smith Act which provides that a clearance may not be granted to anyone who has been "discharged or dismissed from the Armed Forces under dishonorable conditions." Note that the law doesn't say, "dishonorable discharge," just "dishonorable conditions," whatever that means. The Smith Act would also apply if you were ever sentenced to more than one year imprisonment, regardless of the actual time served. Almost certainly you would be ineligible for an interim clearance, whether or not you would be granted a clearance after a full adjudication is anybody's guess -- but I would not get my hopes up (unless you are close personal buds with a flag officer or Cabinet secretary in charge of your workplace).

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Answered on 10/14/05, 8:49 pm


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