Everytime I apply for something that requires a background check it shows up. I really got the article 15 so I'm not disputing it. I have been able to overcome and explain it the last two times with no adverse action, but this last time it cost me a job with the feds. Is there anyway to have it removed? As I understand it is not a conviction so I dont understand why it keeps showing up.
Military Law Attorney
You would have to petition the board for correction of records for removal. There are time limits (three years) that apply, but there can be arguments for waiving the time limit.
Also, on the clearance, if you were denied a clearance you should take the opportunity to appeal and have a hearing with a DOHA judge.
An article 15 is NOT a conviction. However, on the SF86 you are required to disclose it if within the relevant time frame.
You also may want to consider looking at CID records if it is Army and to see if it is accurately recorded.
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Military Law Attorney
Agree with Mr. Cave, and would only add that the Art 15 conviction will not show on a background check, but the underlying arrest or investigation could very well show. If you would like to petition for Art 15 removal then give us a call for your free consult.
General Practice Lawyer
There are facts missing here.
Federal jobs look at suitability and or security clearance eligibility. The process looks at the mitigating factors, time, reasons, etc. There is also a job nexus component to see if the underlying offense is incompatible with the job. Without knowing all the facts it is impossible to comment but in all the years in the security business, I have never seen security eligibility or suitability denied for one Article 15.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.