I received an Article 15 ten years ago for DUI...

[eleysia]

What is the name of your state? CA


I have never had any offenses or problems ever since.I am already an RN but have moved to a new state (CA) which requires a fingerprint background check which will go through the Dept of Justice and FBI. The offense occurred on base and no outside police agencies were involved. Will this show up on my background check??

[xylene]

You must voluntarily disclose this conviction.

The background check is to confirm your veracity.

If you lie and omit the conviction, and are then discovered, you will face severe consequences.

A decades past DUI with an otherwise clean record, and proof of no current alcohol problem will be very unlikely to result in disqualification, esp in a profession screaming for more bodies.

Be honest in the application.

(Or are you asking about 'likelihood' because you did not disclose it and are sweating?)

The best is to still be honest.

[eleysia]

From all the research I have done I thought that an Article 15 was not a "conviction" but a nonjudicial punishment therefore would not be considered a crime. I just didnt know if anyone had any experience with a situation similar to mine.

[xylene]

You should hire a lawyer to confirm this and how is applies to the CA licensing, and run your own background to be sure it does not appear if you are going that route.

I would venture that indicating the matter openly with an explanation (as is allowed) would be better than it being discovered without your context.

Good luck

[mlane58]

Originally Posted by eleysia

From all the research I have done I thought that an Article 15 was not a "conviction" but a nonjudicial punishment therefore would not be considered a crime. I just didnt know if anyone had any experience with a situation similar to mine.

You are correct in that an Article 15 is non judical punishment and won't show up in any normal background check. Usually it will only show through a background check when you are applying for government security clearance.

[fozzy2]

One problem is that there is no single definition of a "background check." How thoroughly you will be checked depends on how much money the checker has and how much authority they have to dig into records. Keep in mind that you have to carefully read the questions you are asked when you do the paperwork. Did it ask simply about "convictions" or did it ask if you had been charged, had ever been "arrested", or any other more general term?

Most NJP 'records' are destroyed within 3 or so years of the NJP - but the fact that you recieved an NJP may live on in other records. In particular, it will likely be mentioned in your service record. So even if the NJP doesn't show up on a computer database check, an investigator might see it reflected some other place. For example, tax records might reflect a 'backwards' change in paygrade that will raise the eyebrows of most investigators.

As others have posted, the best bet (particularly when dealing with the government) is to disclose even if you think you may not have to. If you are real worried, most agencies will have a process/contact who you can go to for an authorative decision on whether or not you need to disclose.

[soon2bstep]

i got arrested on a base(as a civilian), in sept of 2003, for beating the ever-lovin crap out of my PFC husband.....i was printed and even got that whole "no contest" or something kind of thing, and all the stuff proceeded in a civilian court...yet it is not on my background check, none of them! and it was listed as DV.....after i called to ask, i was told it was thrown out, but i was never told why? the prosecuter i spoke with just stated that the judge felt it was not worth prosecuting?