Can the military see an expunged record?

Can the Military See an Expunged Record?

When individuals are convicted of a crime, it can have lasting consequences on their lives. One way to mitigate the impact of a criminal conviction is through the process of expungement. Expungement is the legal process of sealing or setting aside a criminal record, effectively erasing the record of the conviction. However, the question remains: can the military see an expunged record?

What is Expungement?

Before diving into the military’s ability to access expunged records, it’s essential to understand what expungement is. Expungement is a legal process where a court orders the destruction or sealing of criminal records, making them inaccessible to the public. This means that the record of the conviction is no longer publicly available, and the individual is not required to disclose the conviction on job applications, loan applications, or other forms.

Federal vs. State Expungement

It’s essential to note that expungement laws vary from state to state. Some states have specific laws governing the expungement process, while others may have general laws that allow for expungement. Additionally, federal laws also govern the expungement process. The Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) have guidelines for expunging criminal records.

Can the Military See an Expunged Record?

The short answer is: yes, the military can still access an expunged record. While expungement laws aim to seal or destroy criminal records, the military has unique circumstances that allow them to access these records.

Here are some reasons why the military can still access an expunged record:

• National Security Concerns: The military is responsible for national security, and access to criminal records is crucial for background checks and security clearance. The military may need to review an individual’s criminal record to determine their eligibility for security clearance or to conduct background checks for sensitive positions.

• Law Enforcement Purposes: The military has its own law enforcement agencies, such as the Naval Criminal Investigative Service (NCIS) and the Air Force Office of Special Investigations (AFOSI). These agencies may need to access criminal records for investigations, arrests, or other law enforcement purposes.

• Military Record-Keeping: The military maintains its own records of service members, including disciplinary actions, court-martials, and other relevant information. Even if an individual’s criminal record is expunged, the military may still maintain a record of the incident in their personnel file.

How Does the Military Access Expunged Records?

The military can access expunged records through various means:

• FBI Records: The FBI maintains a centralized database of criminal records, known as the National Crime Information Center (NCIC). The military can access these records for background checks, security clearance, and other purposes.

• State and Local Records: The military can also access state and local records, even if they are expunged. This is because many states and local governments maintain their own records of criminal convictions, which are not necessarily sealed or destroyed.

• Military Court Records: The military maintains its own court records, including those related to court-martials and disciplinary actions. These records are not necessarily expunged, even if the underlying criminal conviction is.

What Does This Mean for Service Members?

The ability of the military to access expunged records has significant implications for service members. Here are a few key points to consider:

• Security Clearance: Service members with expunged records may face challenges when applying for security clearance. The military will review the individual’s criminal record, including any expunged convictions, as part of the clearance process.

• Disciplinary Actions: Even if an individual’s criminal record is expunged, the military may still maintain a record of the incident in their personnel file. This can impact their career and future opportunities within the military.

• Rehabilitation: Expunged records can make it more difficult for service members to rehabilitate their criminal past. The military may still view the individual’s past criminal behavior as a concern, even if the record is expunged.

Conclusion

In conclusion, while expungement laws aim to seal or destroy criminal records, the military has unique circumstances that allow them to access these records. Service members with expunged records should be aware of the implications of this access, particularly when it comes to security clearance, disciplinary actions, and rehabilitation. It’s essential for service members to understand the military’s policies and procedures regarding expunged records to ensure their career and future opportunities are not impacted.

Table: Military Access to Expunged Records

Bullets: Important Points to Consider

• Expunged records may still be accessible to the military for national security and law enforcement purposes.
• The military can access FBI records, state and local records, and military court records, even if they are expunged.
• Service members with expunged records may face challenges when applying for security clearance.
• Expunged records can impact disciplinary actions and rehabilitation within the military.