How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
Type Your Military Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year 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.