Are Military Sexual Assault Charges Expungable?
Sexual assault is a serious crime, and the military justice system takes allegations of sexual assault very seriously. It affects not only the victim but also the perpetrator. When someone is charged with military sexual assault, it can have serious consequences for their future. It can result in a court-martial, imprisonment, discharge, and other punishments.
If you are accused of military sexual assault, it’s important to remember that you have rights. You have the right to an attorney, and you have the right to defend yourself against the charges. But you may be wondering what happens if the charges are dismissed or dropped, or if military sexual assault charges are expungable if dismissed.
Expungement is the process of erasing or sealing a criminal record. The purpose of expungement is to give people a fresh start and help them move on with their lives. However, not all charges can be expunged. Eligibility criteria for expungement vary depending on the state and the type of offense. In the military, charges can be dismissed or dropped for various reasons. Sometimes, it is because the evidence is insufficient or unreliable. Other times, it is because the victim decides not to pursue the case.
The expungement rules for military sexual assault charges are complex. In New Jersey, if you are charged with sexual assault in the military and the charges are dropped, you may be eligible to have the charges expunged from your record. However, there are some exceptions.
If you were convicted of another crime in the same case, the military sexual assault charge may not be expunged. Also, if you have been convicted of another crime before, the charge of sexual assault in the military may not be removed. Finally, if you are still facing charges for another crime, the military sexual assault charge may not be expunged.
Unfortunately, military sexual assault charges are not expungable if dismissed or dropped. This is because the Federal Bureau of Investigation (FBI) and the Department of Defense (DoD) keep track of criminal records for the military. These agencies are not obligated to expunge a record just because the charges were dropped or dismissed. In fact, they are required to maintain the record of the charge, even if it did not result in a conviction.
However, there is still hope for those who are facing military sexual assault charges. The military justice system gives defense lawyers many ways to fight charges and secure an acquittal. If the defense is successful, the accused will not have a criminal record for sexual assault in the military. Also, your defense attorney can help the accused get a discharge upgrade or correction of military records, which can help mitigate the impact of the charge on their future.
Contact Gelman Law Today For a Free Consultation About Your Military Crime Case
If you or a loved one is facing military sexual assault charges, you need an experienced defense attorney who can fight for your rights. At Gelman Law, LLC, we have a team of skilled defense lawyers who have years of experience fighting sexual assault charges in the military. We understand the seriousness of these charges and the impact they can have on your future. Our lawyers will do everything they can to defend your case and help you get the best result possible. Contact us today to schedule a consultation with one of our attorneys.