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-   -   Dismissed with prejudice (https://www.askmehelpdesk.com/showthread.php?t=125352)

  • Sep 3, 2007, 07:54 AM
    military guy
    Dismissed with prejudice
    I have a question. I was charged early this year with a court-martial offense while on active duty in the military. The charge was later "dismissed with prejudice." It never was referred to a court-martial so I was never arraigned and so forth. However, there was an investigation that led to the charge followed by fingerprints and a mug shot. My question is, do I have a criminal record? By the way, this all happened while overseas... not in the U.S.
    Also, I recently had a background check performed for employment. The background investigator did have to call me for a question pertaining to a military document (one that shows military service) but that was it. After the investigation I was e-mailed by the investigator (per my request) and was informed "nothing was found, enjoy your new job." I am worried that this could potentially raise its ugly head in the future but having not yet worked in the civilian sector I am not too familiar with what is or isn't a criminal record. I understand that the results of the investigation (criminal) would be sent to the NCIC and only law enforcement has access to them; is my assumption correct?
    Thank you in advance for your comments.
  • Sep 3, 2007, 10:33 AM
    excon
    Quote:

    Originally Posted by military guy
    I understand that the results of the investigation (criminal) would be sent to the NCIC and only law enforcement has access to them; is my assumption correct?

    Hello military:

    First off, thank you for your service.

    No. Your assumption isn't correct. IF there HAD been "results", which would have been a conviction, THAT information would be in the NCIC computer. But, since there wasn't one, the only information in the computer is a notation of your arrest.

    Arrests, in the ordinary course of events, won't show up on an ordinary background check. I say "ordinary" because there isn't any such thing as an "ordinary" background check. There are cheap ones that probably won't show much. And, then there the one's done by people who really want to know about you. Those will probably show your arrest, and even more. I wouldn't worry about the latter ones too much, unless you want to work for CIA.

    excon

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