When I was in the Army I received a Field grade article 15 for Abusive Sexual Contact . I was found guilty for saying Lewd comments but not sexually assault. I was told if I just accept the punishment and move on it will not follow me outside of the military. I lost 2 months of pay and had extra duty for 2 months. I am now out of the military and it hasn't shown up on my background until I started to work security at a hospital. I had to get fingered printed for a FBI Background check. It came back that I was arrested for Abusive Sexual Contact. Now my employers suspended me and probably going to fire me. I just want to know if my Field grade article 15 should of shown up and who should I contact to explain my case to the hospital because they do not believe me when I said I was Found Guilty for only saying "She has a Fat A**".
I have moved you to military law. But I believe military "events" will show up because of the mass church shooting in Texas a couple of years back. However, you are covered by the Pennsylvania Criminal History Record Information Act. The employer has to give you a copy of what they used as a basis and WHY you are not fit for the position because of the conviction. They should give you the opportunity to explain the "event" and they must in writing tell you why it was job related. A local attorney should be able to help you.
I am licensed to practice law only in Pennsylvania and New Jersey. Therefore, my knowledge is based primarily on law in those two states and general and Federal legal concepts. My answering your question is offered only as a free courtesy to provide you with general non-specific information. It is intended to help you when you seek and find a local attorney licensed in your state. This answer does NOT create a client-attorney relationship nor create any expectation of confidentiality or privacy concerning your public post. My answer is based only on the limited facts/information that you have presented in your post. For any lawyer to give you full and reliable advice, would require at the least, full one-on-one dialogue(s) with questions and answers being exchanged and any evidence being presented. Before taking any action or deciding to take no action, I recommend that you consult with a local attorney(s) of your choosing; either private or with a non-profit organization that helps individuals without the means for hiring a private attorney. Good luck in your search to find a legal solution to your situation.
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