Posted on Apr 10, 2023
Can a summary court martial (from 2006) be used against you when looking for a civilian security guard job?
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Posted >1 y ago
Responses: 10
Considering Summary Courts Martial are supposed to stay at the unit and discarded/destroyed after 2 years....it shouldn't even show up as a blip on the radar.
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Sgt Javier Romero
that was my impression as well. i'm trying to find a law so that i can appeal the state of California for the guard card.
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I Had A Summary In My Second Year In The Corps And Was Reduced From E-3 To E-2 An Other Penalties , I Did Four More Years Made Cpl And Got An RE-1 Honorable Discharge
I Reenlisted Into The Army Than Became A State Corrections Officer.
I Have Never Disclosed It On Any Background Check And It Was Never Showed Up.
So I Don’t Know Why Yours Showed Up ?
I Reenlisted Into The Army Than Became A State Corrections Officer.
I Have Never Disclosed It On Any Background Check And It Was Never Showed Up.
So I Don’t Know Why Yours Showed Up ?
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Did you disclose this information prior to the background check?
Violent felonies and misdemeanors are automatic disqualifiers.
For non-violent convictions or charges, they may or may not be decided as a disqualifier, but failing to disclose something they later find in the background investigation would definitely hurt your case.
Violent felonies and misdemeanors are automatic disqualifiers.
For non-violent convictions or charges, they may or may not be decided as a disqualifier, but failing to disclose something they later find in the background investigation would definitely hurt your case.
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SGM Erik Marquez
Sgt Javier Romero - I do not believe you will find something written in military documents, the UCMJ does not use feloney or misdomener in its verbage, so you will not find where a military regualtion states a SCM can not be considered a civilian convection... I may be wrong, seek a lawyers help.
So my understanding is it pushes the ball in to the states court or even the company you are working with...
While Summary courts-martial are not criminal convictions.
Summary courts-martial have a limit of one-year confinement. Since in the civilian world generally a misdemeanor carries a maximum possible punishment of less than one-year confinement. Some entities will consider a courts-martial are therefore misdemeanor offenses.
Some states consider purely military related offenses as a misdemeanor.
So your question needs to go to a lawyer, in your state, familiure with UCMJ and have them work with the company you want to hire on to.
So my understanding is it pushes the ball in to the states court or even the company you are working with...
While Summary courts-martial are not criminal convictions.
Summary courts-martial have a limit of one-year confinement. Since in the civilian world generally a misdemeanor carries a maximum possible punishment of less than one-year confinement. Some entities will consider a courts-martial are therefore misdemeanor offenses.
Some states consider purely military related offenses as a misdemeanor.
So your question needs to go to a lawyer, in your state, familiure with UCMJ and have them work with the company you want to hire on to.
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CPT Lawrence Cable
SGM Erik Marquez - Summary Court has a maximum confinement period of 30 days. That record is supposed to go away after 3 years. It shouldn't be listed anywhere as a conviction. The only place I know of where it might show up is in his orders for the Summary court.
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SGM (Join to see)
Sgt Javier Romero - Background investigations typically have one or more catch-all questions that ask about any convictions, charges or citations, whether they were cleared or not.
The ambiguity of "any" implies "everything"; minor record, moving and non-moving violations, citations and UCMJ, and whether a record exists or not.
The form might have also asked something like "have you ever received a reprimand or 'written warning' at a previous place of employment"?
Again, it's probably not the Art 15, it's that you failed to disclose it that is the issue.
If you had disclosed it, the subject matter of the Art 15 probably would have been considered and dismissed.
The ambiguity of "any" implies "everything"; minor record, moving and non-moving violations, citations and UCMJ, and whether a record exists or not.
The form might have also asked something like "have you ever received a reprimand or 'written warning' at a previous place of employment"?
Again, it's probably not the Art 15, it's that you failed to disclose it that is the issue.
If you had disclosed it, the subject matter of the Art 15 probably would have been considered and dismissed.
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SSG Dale London
Sgt Javier Romero - Check out 10 U.S. Code § 820 - Art. 20. This states clearly that Summary Courts Martial are not criminal forums. A finding of guilty at an SCM does not make your conduct criminal.
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