Are Military Sexual Assault Charges Expungable If Dismissed?
This is a bit complicated. As I understand it, and this is not legal advice, federal law does not have a mechanism for an “expungement” of a charge. Even if lawyers do not pursue what military investigators believe to be probable cause to charge, the decision to find probable cause will likely stay on your record and there is not an easy way to remove that background from your criminal case history.
Our law firm is working with a former client to propose legislation to fix this failure to correct an injustice. Countless young men are falsely charged with sexual offenses. I can speak to a dozen cases that I will verify the female accuser was married or had a boyfriend and had to cover up her “misdeed” in what was a consensual sexual act.
Contact your US Senator and Congressman and get them to act.
One person wrote this:
I was accused of sexual assault by another military member and arrested by NCIS (in the Army CID and Air Force OSI). After an Article 32 and at the written request of my accuser, the charges were dismissed and I was punished at the Chain of Command level for underage drinking only. I know that I have an FBI arrest record, but is this something that would affect future employment / property rental? I possess a copy of the closed investigation in an FOIA executive summary of my case.