Sexual assault charges are serious and often life-changing. This is especially if you are in the military. If you have been charged with sexual assault while serving in the military, you risk losing your rank or even your career in the military. If you are convicted you may end up in prison or have to register as a sex offender. However, the consequences of military sexual assault charges don’t end there. You will have to live the rest of your life under the shadow of your charges even if you were never convicted. However, this may not have to be your fate. You may be wondering whether you are eligible for military sexual assault expungement in order to get your life back on track.
What is Expungement?
When you are arrested or convicted for a crime, your case goes on your record. This criminal record will turn up in background checks. You will also be required to disclose your criminal record when asked during job interviews or other official occasions. This means that the consequences of arrest or conviction do not end with the dismissal of the charges or the successful completion of your sentence. Your criminal record could prevent you from accessing housing, securing loans, pursuing certain career paths or even getting into an educational program.
New Jersey laws allow for the expungement of criminal records. Expungement is the process through which criminal records are sealed or erased. This allows individuals that have made mistakes in the past to have a fresh start. You can leave your mistakes in the past and move on with your life.
However, in order to have your records expunged, you must meet the strict requirements set by the state. However, the laws for expungement are more complex when it comes to the military.
Military Sexual Assault Expungement
The expungement rules for military criminal charges are different from those that are applied to civilians. Sexual assault in New Jersey is considered a serious crime. For this reason, individuals convicted of sexual crimes, whether in the military or as civilians are not eligible for expungement. However, civilians that were arrested on sexual assault charges and later had the charges dropped or dismissed can seek to have the record of their arrest expunged.
Unfortunately, military sexual assault expungement is more complex. This is because the criminal records for the military are maintained by the Federal Bureau of Investigation (FBI) and the Department of Defense (DoD). These agencies are not obligated to expunge military criminal records. This is true even if your charges were dropped or dismissed. In fact, these agencies are required to maintain all records of charges and arrests that are brought against military personnel. This is even if the charges did not result in a conviction.
This means that even if your charges were dropped, military sexual assault expungement is not an option.
Defending Against Military Sexual Assault Charges
Military sexual assault charges are taken very seriously by the military justice system. A conviction for a military sexual assault will result in an automatic dishonorable discharge from the military. You may also face other penalties including:
- Confinement that may last up to 30 years
- Forfeiting of future allowances and pay from the military
- Additional charges may be brought against you. This may include conducting unbecoming of an officer
- Imprisonment for life
- Capital punishment. This is possible when convicted of rape charges.
- You may also be required to register as a sex offender
Because military sexual assault expungement is not an option, it is even more important to defend yourself against military sexual assault charges. It is important to note that you have rights. If you are facing military sexual assault charges, you should do all you can to fight these charges.
The good news is that you can hire your own defense attorney. With the help of an experienced defense attorney that is familiar with New Jersey laws as well as the military justice system, you can fight the charges and get acquitted. If your attorney is successful in defending your rights, you can avoid having a criminal record for military sexual assault.
Your attorney can take it a step further by helping you secure a discharge upgrade. Therefore, if you were discharged because of the sexual assault charges, your attorney can have the conditions of your discharge reviewed and upgraded. Your attorney can also have your military records corrected. This will help to mitigate the impact that the sexual assault charges will have on your future.
Defending military sexual assault charges is not easy. There is increased pressure to convict those accused of sex crimes in the military. As a result, much military personnel accused of sexual assault do not receive a fair trial. Not much effort is put into proving false allegations. An accusation is enough to seal your fate. It is therefore important to seek an experienced attorney to defend you against your charges. You must prepare a strong and effective defense to fight these charges and protect your freedom and future. While military sexual assault expungement is not available. Your attorney can guide you in exploring other options to protect your future and minimize the impact of the charges against you. You can still get your life back on track even after facing military sexual assault charges.
Contact Gelman Law Expungements to Consult with an Experienced Expungement Attorney in New Jersey and Learn About Your Options
Military sexual assault charges are serious. Whether you were convicted or the charges were dropped, these charges will have a long-term impact on your future. At Gelman Law Expungements, we believe in giving people a second chance. Work with an experienced attorney from our law firm to defend your rights and get your life back on track.
Contact us today to schedule a free initial consultation with an experienced attorney from our law firm. Learn about military sexual assault expungement and explore the options available to you. We would be glad to help you get your life back on track.