Can the Military See Dismissed Charges?
The military often grapples with dismissed charges, which can affect the record of a servicemember and impact future employment or career opportunities. Understanding what happens to these charges can be crucial in protecting the rights of both accused servicemembers and the institution. This article will answer the question "Can the military see dismissed charges?" and explore the implications on the affected parties.
Contents
Definition of Dismissed Charges
Dismissed Charges vs. Expunged Charges: A Key Difference
Dismissed and expunged charges are often confused terms. Dismissed charges refer to legal actions initiated against a servicemember, which are ceased and discontinued due to insufficiency of evidence, errors, or other invalidating factors. Expunged charges, on the other hand, entail complete eradication of any criminal or administrative record connected to a particular incident, essentially eliminating the existence of the charges.
Can the Military See Dismissed Charges?
The Military Can, But With Constraints
Despite being dismissed, records of charges can remain on the servicemember’s permanent record, a circumstance often referred to as NCIS (Negative Corrective Information System) holding. This holds true unless the charges have been:
• Order of discharge: The command determines it is no longer viable or relevant to further process.
• Misdemeanor convictions, for which the charges must be dropped due to inadequate evidence.
What if Dismissed Charges Don’t Stay on Record?
Rarely, due to unique circumstances, some charges are completely removed from a servicemember’s record, making it even harder to track. The Army has a Red Ribbon File, which deals with "old" personnel cases not currently being referred or court-martialed.
The Impact of Dismissed Charges on Record Keeping
Effects of Dismissed Charges
Records with dismissed charges have potential effects on:
- Security Clearance Recertification: Dismissed charges can lead to adverse effects on security clearances or recertification procedures.
- Advancement and Promotion Chances: Dismissed charges, even if outdated, might impact a service member’s chances for promotions and special assignments.
- Employment: These records can influence civil employers in making hiring and firing decisions.
- Background Checks: If asked in a background investigation or civil lawsuit, answers related to dismissed charges will lead to further scrutiny, potential reinstatement of allegations, and increased risk.
Do Dismissed Charges Survive the Test of Time?
Time usually resolves the issue by itself; however, charges are unlikely to exonicate (expungement) without thorough and separate procedures. Without further efforts, dismissed charges:
- Residual Disposition: Leave permanent notation on the OQR (Official Qualifications Report), even if cases have long been closed or are beyond statute of limitations.
- Permanent Records: Are kept forever as per military regulations; thus, it is necessary for individual actions to resolve records independently.
How Dismissed Charges Affect Civilians
Understanding Impact for Civilians Hiring Service Members
When applying to government agencies or clearing high-level positions, discharged veterans, and service members face greater scrutiny due to prior legal issues. Military backgrounds play a significant part in many security clearance screenings and potential hiring decisions:
- Federal Employment Opportunities: These records can sway selection in competitive federal civilian career path positions.
- Licensing and Regulatory Clearance: Dismissed charges could influence licensure requirements and professional certifications (e.g., law, medical professions).
Closing Notes and Recommendations
A single charge, even dismissed, can alter career pathways and long-term repercussions in both military and civilian careers. Timely addressal by personnel commands, military representatives, or individual servicemembers (through formal complaint) becomes crucial in reviewing dismissed charges.
