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    Sibyup's Avatar
    Sibyup Posts: 6, Reputation: 2
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    #1

    Apr 9, 2008, 04:51 PM
    Military Arrest Record
    Over 10 years ago I was arrested and court martialed for distribution of a controlled substance while serving overseas. I was acquitted during the courts-martial.
    Later, another soldier ended up accepting a bad conduct discharge for the offense since the evidence in my courts-martial pointed towards him.

    I subsequently re-enlisted and was promoted, but I think the record of my arrest is still out there.

    Is there anything I can do to get rid of this? I understand if I had been convicted, I could have got the record changed, but since I was acquitted there is nothing I can do.

    That is the only time I have been arrested in my life.

    Any feedback would be appreciated.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Apr 9, 2008, 05:04 PM
    The fact you were found innocent of the charges goes in your favor. You were not convicted or served time. If anyone stumbles on this they will see that you were arrested but not convicted. Probably nothing can be done about making the arrest go away after 10 years. You did re-enlist and got promoted since the incident so that tells me that they don't seem to be too concerned about this and you should just forget about it.
    jstrike's Avatar
    jstrike Posts: 418, Reputation: 44
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    #3

    Apr 9, 2008, 05:08 PM
    I agree but if you're worried about it there's tons of places on the internet that will perform a background check for a small fee. Have one done and see what comes up.
    Sibyup's Avatar
    Sibyup Posts: 6, Reputation: 2
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    #4

    Apr 9, 2008, 05:24 PM
    Wow, that was fast. Thanks for the input.

    Unfortunately, it's a pain to have to explain to questions like "have you ever been arrested?", which is pretty common for job applications, loan applications, special licenses, etc.

    And civilians are generally unforgiving even though I was acquitted. The word "cours-martial" has a special stigma to it.

    Is there anyway to expunge a federal arrest record for arrests that end in acquittal?

    I would like to be able to just answer "No" on forms than to explain the circumstances.
    jstrike's Avatar
    jstrike Posts: 418, Reputation: 44
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    #5

    Apr 9, 2008, 05:34 PM
    Most places that I've applied to don't ask if you'be been arresed, most will ask if you've been convicted... for you the answer would be no.

    If you are applying for any type of civialian professional position after you leave the military you can expect that a background check and drug test will be done. I work in IT and every company that I've worked for since 2000 has done one or both, most have done both.
    Sibyup's Avatar
    Sibyup Posts: 6, Reputation: 2
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    #6

    Apr 9, 2008, 05:44 PM
    Thanks JStrike. It's just when trying to explain a courts-martial people conjur up images of Abu Ghraib, not teenagers smoking pot in the barracks.

    I did just pull a background check and nothing shows up.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Apr 9, 2008, 06:36 PM
    You don't have to explain a court martial since you were not, you were found not guilty, just like a trial where you are found not guilty, so you were not court martial'ed either, you had a hearing but was found not guilty.

    As for as your military record, it will show the proof, and have no effect what so ever
    wnk_1001's Avatar
    wnk_1001 Posts: 46, Reputation: 4
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    #8

    Apr 9, 2008, 07:12 PM
    My ex-boyfriend was in the Air Force. He received 1 Article 15 while he was stationed in Amsterdam, and 3 weeks later he received another Article 15 while stationed in Las Vegas. He was kicked out of the Air Force for a pattern of misconduct and they gave him a general under honorable discharge. They said this would stay on his permanent record.

    He ended up filing for a hearing and going in front of the military board of review, which is a board that consists of 6 Generals. They hear the case from the beginning to the end and they ultimately decide the fate. They reversed his general under honorable and gave him an honorable. They may be able to assist you regarding the circumstances of your case and find out whether the record exists, if it does, they can decide whether it should be expunged.

    The problem I see with your case is that it has already been expunged. Therefore I do not see the point in bringing attention to the matter. If it cannot be located via background check, I would leave it be.

    Still, I know there is no better feeling that knowing the records have been expunged and having them handed back to you. I guess it wouldn't hurt to check with the military board of review, but like I said, make sure it is going to help you first.

    Good luck!
    Sibyup's Avatar
    Sibyup Posts: 6, Reputation: 2
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    #9

    Apr 9, 2008, 07:24 PM
    Thanks Fr_Chuck. So do you think I don't have to answer when I asked if I have been arrested before? An attorney told me to answer "not in this country" if asked, which seemed kind of like a joke.

    Like most military members who get in trouble, I don't think I was ever actually arrested, just questioned and later charged then acquitted. I don't think the other guy even had any kind of trial or hearing, he was just discharged.

    I don't know what constitutes arrest, perhaps you do.
    Sibyup's Avatar
    Sibyup Posts: 6, Reputation: 2
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    #10

    Apr 9, 2008, 07:35 PM
    Thanks wnk_1001, I'll look into that. I know there was a provision related to expunging federal records for minor drug related convictions for young people. However, I don't thing there is anything for acquittals. Are records for acquittals automatically expunged?

    I really appreciate all the feedback from everyone.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Apr 9, 2008, 07:47 PM
    Quote Originally Posted by Sibyup
    Thanks Fr_Chuck. So do you think I don't have to answer when I asked if I have been arrested before? An attorney told me to answer "not in this country" if asked, which seemed kind of like a joke.

    Like most military members who get in trouble, I don't think I was ever actually arrested, just questioned and later charged then acquitted. I don't think the other guy even had any kind of trial or hearing, he was just discharged.

    I don't know what constitutes arrest, perhaps you do.
    No body asks if you were ever arrested before, they ask if you were ever convicted before, Heck I have been "arrested" several times, no charges ever filed, but 1000's of people are arrested every day are are either released or found not guility,

    Being found not guilty means there is no real record, Ok for the actual military, yes here is a record but a not guilty means they wre wrong in charging you.
    wnk_1001's Avatar
    wnk_1001 Posts: 46, Reputation: 4
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    #12

    Apr 9, 2008, 08:53 PM
    Quote Originally Posted by Sibyup
    Thanks wnk_1001, I'll look into that. I know there was a provision related to expunging federal records for minor drug related convictions for young people. However, I don't thing there is anything for acquittals. Are records for acquittals automatically expunged?

    I really appreciate all the feedback from everyone.
    Sibyup - I am not certain that anything is automatically expunged from your record, either military or non-military. I could be wrong but I thought an arrest or acquittal stayed on your record forever, unless you were a minor at the time of the arrest and trial. Nonetheless, if you think something remains on your record, at some point in time you might have to answer for it. Therefore, I would not recommend lying on your applications. A lot of employers these days now ask about arrests, as well as convictions, right on the application. I guess they like to know what you were arrested for, even if you were acquitted. I would not be coy with them, I would answer the question honestly. The honest answer to whether you were convicted is no. However, if you had a trial, you were arrested, whether you were processed or not. So the honest answer as to whether you have ever been arrested is yes. The chances are something, somewhere exists about that trial, even if you were acquitted, you don't want to be caught lying, especially if you really need the job.

    I guess these things can get rather tricky.

    Good luck.
    Sibyup's Avatar
    Sibyup Posts: 6, Reputation: 2
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    #13

    Apr 9, 2008, 09:47 PM
    Thanks wnk_1001, I appreciate the clarification. I don't have any problem disclosing everything, I was just hoping that there was some way of expunging the arrest record. I know you can be declined employment or a loan for an arrest, even without a conviction.

    I doesn't sound like that is possible though.
    wnk_1001's Avatar
    wnk_1001 Posts: 46, Reputation: 4
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    #14

    Apr 9, 2008, 10:37 PM
    Quote Originally Posted by Sibyup
    Thanks wnk_1001, I appreciate the clarification. I don't have any problem disclosing everything, I was just hoping that there was some way of expunging the arrest record. I know you can be declined employment or a loan for an arrest, even without a conviction.

    I doesn't sound like that is possible though.
    Your welcome Sibyup.

    Yes, I too wish there was some way to expunge an arrest record, however, I believe you and I were told the same thing, it most likely cannot be done. However I still wish you luck with your endeavor.
    mayberry9's Avatar
    mayberry9 Posts: 7, Reputation: 0
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    #15

    Jul 18, 2013, 10:09 PM
    Were you as a military member actually placed under arrest like a civilian traffic stop? Or were you charged with a crime. As a military member you go where your told, I was in the brig many times in the navy, never told I was under arrest, see what I mean? I was never read my Miranda rights, you go from your regular duties to restriction until your case is resolved. Your always in the military. I don't know if you had to make up your down time but you were never convicted. You don't have to disclose it to anyone. I was given a b.c.d. for one charge of u.a. and I don't tell no one, because there is no civilian equal to being imprisoned for an extended vacation. No one cares except the military... and why would you apply with someone who did?

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