Can I Clear or Correct My Military Records After a Sexual Assault Allegation?
Even when a military sexual assault case ends without a conviction, damaging records often remain. Investigative files, adverse administrative actions, negative evaluations, and separation paperwork can continue to harm a service member long after the case is over. Many people assume these records are permanent. That is not always true. This page explains how military records can be corrected, restricted, or removed after an Article 120 case and how Gonzalez & Waddington helps service members repair their records and protect their future.
Short Answer
Yes. In many cases, military records related to sexual assault allegations can be corrected, restricted, or removed through formal review processes. Options may include filing appeals, seeking removal of adverse information, correcting evaluations, upgrading discharges, or petitioning military correction boards. Success depends on the facts of the case, procedural errors, fairness considerations, and how the record continues to harm the service member. These actions require careful legal strategy and detailed documentation.
Why Harmful Records Remain After an Article 120 Case
Investigative Records Are Rarely Automatically Removed
Even when charges are dismissed or an acquittal occurs, investigative records often remain in military databases. These records can continue to surface during background checks, clearance reviews, and future administrative proceedings unless challenged directly.
Adverse Administrative Actions May Survive the Criminal Case
GOMORs, Letters of Reprimand, unfavorable information files, and negative evaluations may remain even after a successful criminal defense. Commands frequently fail to revisit these actions unless the service member pushes for review.
Separation and Narrative Reasons Can Follow You
For those separated from service, the narrative reason for separation and reenlistment codes often carry long-term stigma. These entries affect employment, benefits, and future opportunities and are not automatically corrected when allegations fail.
Primary Paths to Correcting Military Records
Appeals and Reconsideration Requests
Some adverse actions can be appealed or reconsidered shortly after issuance. These early challenges are often time-sensitive and can stop permanent damage if handled quickly.
Discharge Review Boards
For former service members, Discharge Review Boards can upgrade characterizations of service and change narrative reasons. Sexual assault-related separations based on weak or unproven allegations are frequently challenged through this process.
Boards for Correction of Military Records
Boards for Correction of Military Records have broad authority to correct errors or injustices. They can remove or amend adverse entries, correct evaluations, change reenlistment codes, and adjust records when fairness requires it.
Restricted Filing and Record Sealing Options
In some situations, adverse records can be restricted to limited use or removed from personnel files accessed for promotion and assignment decisions. While the military does not offer true expungement in the civilian sense, meaningful relief is often available.
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
How Gonzalez & Waddington Repairs Military Records
We Audit the Entire Record
Our firm reviews investigative files, administrative actions, evaluations, separation paperwork, and post-trial records to identify inaccuracies, unfair conclusions, and procedural violations. Many records contain unsupported statements that can be challenged.
We Build a Legal and Equitable Narrative
Record correction cases require more than argument. We present evidence, affidavits, legal authority, and equitable factors showing why continued punishment is unjust. This includes acquittals, dismissed charges, investigative flaws, and post-service conduct.
We Target the Relief That Matters Most
Rather than seeking generic relief, we focus on changes that improve real-world outcomes, such as employment eligibility, benefits access, and reputation repair. Our strategy is tailored to each client’s goals.
We Coordinate Criminal, Administrative, and Post-Service Strategy
Record correction is often part of a larger plan that includes appeals, discharge upgrades, and collateral consequence mitigation. Gonzalez & Waddington integrates these efforts to maximize long-term success.
Common Record Corrections After Sexual Assault Allegations
| Record Issue | Potential Relief |
|---|---|
| Negative evaluations | Removal or amendment to reflect accurate performance |
| GOMOR or LOR | Withdrawal or restricted filing |
| Separation narrative reason | Change to neutral or non-misconduct basis |
| Reenlistment code | Correction to allow future service or benefits |
Frequently Asked Questions About Clearing Military Records
Does an Acquittal Automatically Clear My Record?
No. Many records remain unless challenged directly through administrative or correction processes.
Is Expungement Possible in the Military?
The military does not offer true expungement, but significant corrections and restrictions are often achievable.
How Long Do Record Correction Cases Take?
Most cases take several months to over a year depending on the board and complexity.
Do I Need a Lawyer for Record Corrections?
While not required, experienced counsel greatly improves success by framing the case correctly.
When Should I Start the Process?
As soon as possible. Early action preserves evidence and improves outcomes.
The Bottom Line: Records Can Be Fixed, But Only If You Act
Military records do not automatically correct themselves after a sexual assault allegation fails. Without action, damaging entries can quietly follow you for years. Gonzalez & Waddington has extensive experience repairing records tied to Article 120 cases and understands how to navigate the correction process effectively. If your record contains unfair or inaccurate information related to a sexual assault allegation, there may be a path to meaningful relief.
