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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18808
Experience:  Lawyer and current JAG officer.
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I was detained and arrested in the Army, but no convicted

Customer Question

I was detained and arrested in the Army, but no convicted for a DUI. I have recently separated. Will this show on my background check outside in the civilian sector when applying for security services?
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.

Unless they are conducting an FBI level search, they would not find this. It's not a conviction, but in most instances an arrest by the military is registered with the FBI (not always....sometimes they just fail to do it).

In some instances, even the disposition (like Article 15) is later updated with the arrest, so that the ultimate disposition is known.

However, for an employer to find this, they'd have to pay for that very much higher level FBI records search, which takes into consideration Federal arrest records. Most employers don't pay for that, instead using a search that just checks state level jurisdictions.

Now, in a security services job, that is just the sort of job that may be willing to spend the extra money and go for that higher level search. If they do, and the military did what they normally do and filed the arrest, then it would show up.

I know there are a lot of "ifs" there. Unfortunately, when you are dealing with discretionary choices (and the filing of an arrest with the FBI is discretionary), I can't KNOW what they did in your case...just what they can do.

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