View Full Version : Is a Marine Recruitment Commander Allowed to Report Information About Me?
antonioray
Nov 16, 2009, 09:15 PM
Is a marine recruitment commander allowed to report information about me to some kind of government agency or background check company?
He called me about joining the marines in return for a full ride tuition at any 4-year school that is willing to accept me
During the preeliminary questionnaire I accidentally let it slip that I have been arrested beforewhat if this marine recruitment commander lets the information out to government agencies and background check companies?
Is there anything I can do?
Gernald
Nov 16, 2009, 09:51 PM
Someone correct me if I'm wrong but I think the background check companies would already have that information anyway as would the government agencies.
Arrest records are public so it wouldn't be to hard for them to find out if they really wanted to. (check out this site for more info on that: Employment Background Checks (http://www.privacyrights.org/fs/fs16-bck.htm))
That being said it really depends on what you did, they won't let you in if you did something insanely stupid, but for minor stuff I don't think they mind so much anymore. However, it could come back to haunt you if you ever apply for a government job or attempt to get a security clearance; your not supposed to hold a persons criminal record over them unless it pertains to the job in question but in cases of national security and what not I think they look in to everything.
Furthermore, if you were a minor when you were arrested (or charged as a minor) then it shouldn't be on your record at all, despite telling the recruiter.
Sorry, but all in all, there's nothing you can do (though I doubt the recruiter will go out and tell everyone, particularly if everyone already knows).
excon
Nov 17, 2009, 07:27 AM
what if this marine recruitment commander lets the information out to government agencies and background check companies?
is there anything i can do?Hello a:
Gernald is right. They already know about your record... But, WHY would to marine tell anybody? He IS going to run one of those background checks and find out everything there is to know about you...
If you were simply arrested, and not charged, then NOTHING will happen. If you convicted of a felony, the marines won't take you. Maybe the army will,but I think you can forget about your full ride.
excon
antonioray
Nov 17, 2009, 01:38 PM
I think I got my arrest record sealed
Pursuant to NY CPL 160.50
So I don't think anyone should know of its existence except law enforcement and the courts
But what if this marine goes around telling private background check companies?
excon
Nov 17, 2009, 01:59 PM
so i dont think anyone should know of its existence except law enforcement and the courts... but what if this marine goes around telling private background check companies?Hello again, antonio:
I think you're wrong. The US Military will find out ANYTHING they want to find out about you, including what color underwear you have on. To think otherwise, is shortsighted.
Plus, people don't tell background check companies anything. They find out for themselves... Besides, how would he do that? There's probably 1,000's and 1,000's of them. And, if somebody called one and told them about you, they're not going to do anything. That ISN'T how they gather information...
And, if he did, it wouldn't BE illegal.
excon
Fr_Chuck
Nov 17, 2009, 06:12 PM
Anyone who has the need for national security background will see this, that will include military and even private companies that do government work requiing national security level.
Next if you were convicted, that info is already out there sealed in government background, But also there are dozens of private companies where the seal means nothing
antonioray
Nov 17, 2009, 06:20 PM
OK so I wasn't convicted
It was dismissed and sealed and it occurred when I was 16(im still 16)
Is it still out there with the govt and private check companies
excon
Nov 17, 2009, 06:31 PM
Hello again, antonio:
If you weren't convicted, nobody will care. Can the government find out about your arrest if they want to? YES! How many times should we say it? Can private companies find out about it?? Probably.
excon
Fr_Chuck
Nov 17, 2009, 06:33 PM
If you were not convicted there was nothing to "seal"
antonioray
Nov 17, 2009, 06:40 PM
So if the private companies find out about my arrest
Wouldn't that put me at a disadvantage against someone with an impeccable record?
Fr_Chuck
Nov 17, 2009, 06:43 PM
Yes of course it does, if there are 100 applications for one job and they will only interview 10, guess what 90 get thrown out without even talking to you
Sealing don't apply to private search companies, they often search internet, court records and more and find and record records before they are sealed.
antonioray
Nov 17, 2009, 06:45 PM
But since I'm only 16, its not like any private employer would do a search on me at this very moment
So if a private background check company obtains the records from the court
The court will not disclose it because it is sealed
It took 4 months to get it sealed, and I doubt anyone would conduct a search on me in between that period
excon
Nov 17, 2009, 06:47 PM
but since im only 16, its not like any private employer would do a search on me at this very moment
so if a private background check company obtains the records from the court
the court will not disclose it because it is sealed
it took 4 months to get it sealed, and i doubt anyone would conduct a search on me in between that periodHello again, antonio:
I don't think McDonald's would find out, but the Marines will.
excon
Fr_Chuck
Nov 17, 2009, 06:58 PM
You would be surprised around here McDonalds does background checks
antonioray
Nov 17, 2009, 07:04 PM
Yea but I'm not going to work at mcdonalds, I want to jump into investment banking
Will this arrest hold me back?
Fr_Chuck
Nov 17, 2009, 07:40 PM
OK, it is not a "search on you" these private search companies merely download 1000's and 1000's of bits of information every day or even every hour, and store it. And then search it if and when someone pays them. So they may or may not have it in their data bank, the only way to even try and find out, run criminal checks on yourself though at least 4 or 5 of the companies and see if anything shows up.
Investment banking ? Opinion, be honest about it, and play it off as something a kid does, Last thing you want is down the road, they find out, or someone finds out and blackmails you.
Remember investment banking will be a cut throat business, the other employees even may try and find out things on you, to try and beat you out of deals or advancement
Gernald
Nov 17, 2009, 07:42 PM
Yes, it would put you at a disadvantage but as everyone else has stated previously if you weren't convicted then it shouldn't be on your record at all so how would they find out unless they super search you or you tell them?
I think you're worried about nothing.
ohsohappy
Nov 17, 2009, 07:53 PM
The military always does background check for potential recruits, just like any normal job. Being in the Military is about helping keep peace or defend and protect. My father has been in the marines since before I was born, and I will tell you this, they CAN and WILL find out, so you better not lie to them. Lying is worse than them just knowing about it. And depending on the offence, they might still let you in. Anyway, I'm sure that if it's not a serious offence then you won't be at too much of a disadvantage, but you can never know for sure. They're really strict (or at least they should be) about those kinds of things.
Edit: I might add that once your record is sealed, then you have better chances. When you turn 18 (and don't quote me on this because I'm not positive) your juvinile records will probably be sealed and you'll start with a "clean slate" Especially since you've stated that you weren't convicted.
antonioray
Nov 17, 2009, 08:04 PM
It was sealed according to NY CPL 160.50
AND
According to NY CPL 160.60, I have never been legally arrrested
I can answer that and say it to an employer with a straight face
So I don't know why I told that recruiter that I've been arrested
It was the first time I've been presented with that question
But now that a government employer knows about it, I don't see what's stopping him from typing my name into the database that already exists(how else does he know my name and phone) and disseminate it throughout the labor industry
ohsohappy
Nov 17, 2009, 08:08 PM
Hmm, I'm going to kind of take a stab in the dark and say that they still would have found out. You were honest. And not to mention, that if they found out it happened, they will also find out everything else you just told me and you should be fine.
Fr_Chuck
Nov 17, 2009, 08:11 PM
"legally arrested" lets stop saying arrested, 1000's of people are arrested every day, and the case against them are dismissed and the real criminal found.
Arrest means nothing, if you were found not guity or if the case was dismissed before there was a final verdict.
If you were found guilty and it was dismissed after probation ( first offender program) that is differnet than just being dismissed, the record shows it was dismissed by a first offender program.
And believe me, sealed is only "somewhat" sealed, there are many agencies that can still see those records.
antonioray
Nov 17, 2009, 08:21 PM
By dismissed and sealed I meant it was terminated in my favor
Like I slept in the courtroom waiting for 4 hours
Then my name was called and the judge gave me an ACD
Adjournment in contemplation of dismissal
I then showed up in court 2 months later to seeal it rather than wait the 6 months to get it sealed
So its sealed
And I don't care about being honest
If I don't get accepted into the marines
I don't care , I wasn't going to join anyway
But he got me hooked with the pay for 4-year college thing
But then he told me that I had to do 8 years of service AFTER I already told him yes I've been arrested once
That's one more person that knows about it
So I need to get him to not disclose it somehow