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I am being discharged from the Air Force with a general

discharge for marijuana use. I...
I am being discharged from the Air Force with a general discharge for marijuana use. I tested positive on a random UA. Prior to my discharge I received an article 15. Will this appear in a background check?
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Answered in 3 hours by:
10/29/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,482
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question. I am not sure if you are asking if the NJP will appear on the background check or the discharge information, but I will try to address both. If you have a regular private employer background check that does not require fingerprints, then neither will show up on their cursory background check that they do. Of course, they can always ask about the circumstances leading to you leaving the military. If you don't tell the truth, and they hire you and later find out that you made a false statement to them, they can terminate you for cause. But again, these won't show up on a regular employment background check.

However, if the background check is a fingerprinted FBI NAC (National Agency Check), then they should find your NJP charge and results and can, if this is a security clearance check, also find your DD-214. I said "should" because all of this is subject to human error and delay. So, if someone didn't enter your marijuana charge and results in the CID or NCIS system, then of course, it won't be there for them to find. But, normally, it will be discoverable.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 1 month ago
Alright, thank you for your response it clears up most of my concerns, but I have a few follow up questions.1. My future employment is most likely going to be in the private sector. I have no intent on seeking any future government employment or even private sector jobs that require a security clearance (ie. Lockheed Martin). Theoretically speaking, if I don't mention my military service (that will only total about a year) will they find out in a background check? I know you said that a private cursory background check won't reveal the NJP or discharge information, but I just want to the sure that such records are actually sealed and not accessible without my consent. In other words if I don't mention that I served, than future private sector employers are not likely to find out. Correct?2. Another question completely unrelated to employment. On a gun purchase down the road if I try to buy a handgun or a rifle, for instance, is something like this going to be problematic? I know based on the information in the FBI database (ie. fingerprints) may appear as an arrest or investigation for drug use. However, if I attempt to purchase over a year down the road, would this issue in and of itself come into play and be a basis for denial?Thank you for your time.

You're welcome.

1. A private employer won't find out about military service unless you tell someone who tells them or they know someone that knows your personal background. So, whether or not that happens really depends on a lot of factors. But otherwise, it isn't something that they would have access to unless, as mentioned before, they do an FBI fingerprinted background check, which, as far as private employers go would be unusual. Banks have to do it because of Federal banking regulations.

2. I don't do a lot of work with State and local agency approval of gun licenses, but it is at the local and State level that they decide whether or not to issue a license. Usually, a charge like yours wouldn't effect your ability to get a license. You don't have a "conviction" so it shouldn't make a difference.

Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
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Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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