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I am applying licensure in my field. I had a GCM and

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I am applying for state...
I am applying for state licensure in my field. I had a GCM and subsequent DD approximately 27-30 years ago. Will a background check show my DD and prohibit me from employment. Also, will an application for a government job be turned down for this crime committed when I was 19 years old in the military?
Submitted: 2 years ago.Category: Criminal Law
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Answered in 6 hours by:
9/2/2015
Criminal Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,428
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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Hello,

Thank you for the information and your question. If the employer or licensing agency runs a Federal criminal background check (NAC) through the NCIC, which in both cases they should, your felony conviction (GCM) should definitely appear. The DD is not the main issue, although it is part of the sentence, it is more the felony conviction that is the issue for some licensing authorities and for the Federal Government.

That said, not only could mistakes occur in the system because of the age of the crime and the changes an data storage over that period, but also because of the age of the crime, it may not be an absolute bar under either case you mentioned. Both licensing agencies and the Federal Government use the whole picture as they relate to an applicant. That means that unless you are applying for a job or license where having a felony conviction is an absolute bar, you have a chance o getting through the process because of the age of the conviction, assuming your record since that time is spotless. There are some jobs, for example, in the banking system where, because of FINRA, certain convictions (having to do with dishonestly) are none starters. Same in some Federal jobs for certain types of convictions.

Please feel free to ask follow up questions if you have them.

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Criminal Lawyer: Marsha411JD, Lawyer replied 2 years ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 2nd. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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