[Armytech]

I was in the military and convicted under a special court marshal about 2 years ago. I was sentenced to 4 months in military jail and discharged under a Bad conduct discharge. I am in nursing school right now and I did a FBI background check on myself and it came as no arrests or convictions. Does this mean the conviction will not cross over to the civilian world?

[JudyKayTee]

You can't do an FBI search on anyone, including yourself, unless you're in the FBI (or another Government agency). Where did you search?

Yes, the conviction will "cross over" and I will be VERY surprised if you qualify for a nursing license.

What State?

[FirstChair]

When I worked for the IRS they submitted the background check directly to the FBI with my fingerprints included. At that time it was my understanding you could not submit a background check directly to the FBI. FYI: There is also an SF 86 packet via the military that can be filled out and submitted to the DSS (Defense Security Service) for a national security clearance. I don't know if this one can be submitted directly. I think the most current packet is dated 2011. I understand the SF 86 packet for 2008 is NOT accepted anymore. I think I got that right. Is this the one you submitted?

Below is updated information for the FBI background check submission request and I think it is the latest:

[Background Checks for Employment or Licensing

If you are requesting a background check for employment or licensing within the U.S. you may be required by state statute or federal law to submit your request through your state identification bureau, the requesting federal agency, or another authorized channeling agency. You should contact the agency requiring the background check or the appropriate state identification bureau (or state police) for the correct procedures to follow for obtaining an FBI fingerprint background check for employment or licensing purposes.

How to Request a Copy of Your Record

The FBI offers two methods for requesting your FBI Identification Record or proof that a record does not exist.

Option 1: Submit your request directly to the FBI.

Option 2: Submit to an FBI-approved Channeler, which is a private business that has contracted with the FBI receive the fingerprint submission and relevant data, collect the associated fee(s), electronically forward the fingerprint submission with the necessary information to the FBI CJIS Division for a national criminal history record check, and receive the electronic record check result for dissemination to the individual. Contact each Channeler for processing times.

Note: An FBI-approved Channeler cannot authenticate (apostille) fingerprint search results. A request for your FBI Identification Record or proof that a record does not exist must be submitted directly to the FBI if an authentication (apostille) is needed.

What Happens Next

If we find no record, you will receive a “no record” response. If you do have a criminal history record on file, you will receive your Identification Record or “rap sheet.”]

FBI — Criminal Background Check

[FirstChair]

Yes, the conviction will "cross over".

What State?

I agree with JudyKayTee that your conviction will cross-over and follow you as long as there is dirt... unless you request a presidential pardon. Which, requesting a presidential pardon at this time is most likely going to get you nowhere with the election coming up and all. I believe it is worth it when the time is right, depending on how you are conducting your life now.

A Special Court Martial is very similar to a federal misdemeanor charge. I wonder if it makes a favorable difference to you for the fact you did not receive a dishonorable discharge, but instead a bad conduct discharge? Why it has not showed up via whatever method or channel you state to have done doesn't mean it won't surface sooner or later.

Good luck.

[Armytech]

I did the back ground check through the channeler I got from the FBI website and when I got back the results I called the FBI and asked them was it authentic. He looked it up while I was on the phone and verified there was no arrests or convictions. I will do another one later on but so far there doesn't appear to be anything there. I take it as being given "another chance" and I'll take it. And it may come up later on but for now I'm going to just keep living my life and moving forward.

[Armytech]

Thanks for your response but I did get the results from the FBI so I guess I'll leave it at that...

[JudyKayTee]

My concern? This should be part of your permanent criminal record. You could very well spend a lot of money on school and be unable to obtain a license.

I'd check again. I do background checks and your dishonorable discharge should be part of your record. Of course, certain aspects are visible only to Government agencies.

I'm stunned that your fingerprints didn't indicate your discharge from the Armed Services.

Well, it does give you another chance and certainly errors are made.

[Fr_Chuck]

I see some limitations on the FBI search, since it even states on the FBI web site these are not to be used for employment purposes. Also not sure if these merely pull the FBI file record or a complete record.

If you want to double check and I would, it is your local police or county sheriff office that you go to and get a NCIC which is the national data base that the FBI, State police and local police all put their criminal history into.

From what I am reading though several of the private service providers, you way over paid, for limited info.
The local police will provide you a complete sheet for over a few dollars while you wait.