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.
www.court-martial.com; www.court-martial.us.com; firstname.lastname@example.org 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.
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.
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.
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