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Advice to clients about collateral consequences.
United States v. Rose, __ M.J. ___, No. ACM 36508 (A.F. Ct. Crim. App. Feb. 12, 2009), has been released. Thanks to CAAFLog for early access to this important case.
This is a case on collateral consequences of court-martial convictions. We’ve discussed SOR several times. The discussion of collateral consequences, especially in guilty plea cases is becoming much more complex than in the old days. There are three areas of concern: sex offender registration, immigration status for resident aliens, and security clearances.
1. Sex offender. I don’t think there can be any doubt these days that there are registration concerns with any offense involving sex and child pornography. I use Sex Offender Registries as a basic starting point. The site tends to be complete and reasonably current. The Adam Walsh Act is online. Sex Crimes blog has a lot of information on registration issues. The DODI 1325.7 is on-line and lists current registration offenses. Page 109, Encl. 27, lists the offenses for which DOD considers registration required. Indecent assault is clearly listed. DD Form 2791-1 is supplied from the Brig or confinement facility. I suspect the Brig at Miramar might be willing to give guidance, as they and Charleston and the USDB are where most sex offenders go to serve a sentence.
Read United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006).
2. Immigration. Denedo v. United States, at C.A.A.F. is worth reading on this topic.
3. Security clearances. Prior to 2007, the Smith Act prevented anyone with a Dishonorable Discharge or Dismissal or sentence to two years confinement or more receiving a security clearance without a waiver. The act was amended in 2007, and now the bar only applies if the person actually served the confinement. A security clearance is a very valuable asset for employment, especially as more and more jobs require a security clearance or special trust certification. I find this to be a frequent question from the more senior clients who are looking to retire or get out and get into a field similar to their active duty field.