joshua3187 said:
What is the name of your state? Florida
What can I do to stop employers from finding out about my article 15 when they conduct a background check on me?
There may be nothing you can do. Here is what one person who was trying to get that information expunged was informed:
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On 31 July 2003, the USACIDC, 6010 6th Street, Fort Belvoir, Virginia
22060-5506 advised the applicant that the Department of Defense (DOD)
established polices and procedures for reporting criminal history data to
the NCIC, for all military service members investigated by the DOD criminal
investigative organizations for commission of certain offenses and to those
who are subjects of resultant judicial or non-judicial military
proceedings. Reporting information to the NCIC depends on the punishment
received. The applicant was also advised
that he is listed as a subject in the USACIDC ROI shown in paragraph two
above for wrongful use of cocaine; that he received NJP under the UCMJ;
that his punishment included the forfeiture of $521.00 pay per month for
2 months, reduction from private first class to private, and 45 days of
extra duty; and that his criminal history data in NCIC was in compliance
with DOD policy and would remain in the NCIC.
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Without going into the (ever changing) details, a lot of Article 15s do get put into NCIC (the main, though not only, records system checked for criminal history). Indeed, even if you are never charged, you may still have an *arrest* record. That is one reason you should read forms carefully. They often ask "Have you ever been arrested?", it doesn't matter if you were never convicted or even charged. You were arrested.
IIRC, the services also maintain their own central "NJP files" which can be checked. This is most often done by the government for employment or security clearance purposes, but recall that quite often when you first fill out forms for a background check of any type you often have to sign a 'waiver of rights' that allows those checking to get into otherwise private/restricted files.
