Can a summary court martial (from 2006) be used against you when looking for a civilian security guard job?

Sgt Javier Romero — Mon, 10 Apr 2023 19:12:49 -0400

Response by MSG Private RallyPoint Member made Apr 10 at 2023 7:43 PM

MSG Private RallyPoint Member — Mon, 10 Apr 2023 19:43:10 -0400

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.

Response by SGM Private RallyPoint Member made Apr 10 at 2023 8:51 PM

SGM Private RallyPoint Member — Mon, 10 Apr 2023 20:51:58 -0400

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.

Response by SPC James Neidig made Apr 11 at 2023 2:12 AM

SPC James Neidig — Tue, 11 Apr 2023 02:12:36 -0400

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 ?

Response by SP5 Peter Keane made Apr 11 at 2023 2:22 PM

SP5 Peter Keane — Tue, 11 Apr 2023 14:22:01 -0400

Have you filed for review with the state ? That would be your only recourse, as it is clear that they have the information of your Courts-martial.

Response by SSG Dale London made Apr 11 at 2023 7:55 PM

SSG Dale London — Tue, 11 Apr 2023 19:55:29 -0400

Without knowing more about your case, it would be hard to give you any steer on this. But there are a few considerations. First, I don't know what USMC policy is regarding summary courts martial and your permanent record. It may be worth looking into to see if your right to privacy has been violated.
Second, according to 10 U.S. Code § 820 - Art. 20, a summary court martial is a non-criminal forum - thus a finding of guilty at a summary court martial does not constitute a criminal conviction. By definition this means that your conviction in SCM is neither a felony nor a misdemeanor.
That being said, if your SCM conviction is a matter of public record, despite it being a non-criminal matter, your potential employers may find the circumstances of your case mitigate against placing you in a position of trust.

Response by CSM William Everroad made Apr 12 at 2023 3:22 PM

CSM William Everroad — Wed, 12 Apr 2023 15:22:41 -0400

Sgt Javier Romero, based on your replies it seems that you have a Summary Court Martial, applied for a security job and someone found out you had a court martial and they denied your application for a security guard job, is that correct?

If so, I would have to agree with SGM Private RallyPoint Member, someone let it slip. It could have been a reference you listed, or depending on the company that did the background investigation, a person who was identified by one of your references who had knowledge of your character and work ethic.

As MSG Private RallyPoint Member suggested, Even federal agencies conducting background investigations for an agency position would have a tough time stumbling on a summary court martial from over a decade ago. Units don't release this type of information. Even if an investigator called the unit, the most they would get is your dates of service if they didn't send you to National Personnel Records Center for a FOIA request and even then they may only get a copy of your DD214 or a memo verifying your dates of service.

As to wether they can hold it against you, they certainly can for any number of reasons. Failure to disclose, character flaws, etc. It's less that about the fact that you had a Summary Court Martial and more about the past conduct and/or the fact you didn't mention it and they found out... somehow. I don't think the state would overturn the employment decision simply of the grounds that the decision was probably made as a "character" test.

Response by SFC Sfc Darwin Maring, USA Ret made May 9 at 2023 10:40 AM

SFC Sfc Darwin Maring, USA Ret — Tue, 09 May 2023 10:40:55 -0400

Only if you tell them about it. There are cases when security clearances are involved when you are required to tell them.

Response by SSG Eric Blue made Jun 11 at 2023 1:05 AM

SSG Eric Blue — Sun, 11 Jun 2023 01:05:34 -0400

I honestly wouldn't know as I've never had any UCMJ action levied against me. But if it's summary, it should stay at the unit (if I remember correctly) and shredded once you leave the unit. So if it's still coming up, someone probably has it out for you.

Response by Sgt Javier Romero made Jun 11 at 2023 10:15 PM

Sgt Javier Romero — Sun, 11 Jun 2023 22:15:00 -0400

UPDATE: I repealed the decision of the state of California using the help and guidance I received from the members here on RP. I wrote a letter and a print out of 10 USC 820 Art 20 that states
" Non-criminal Forum.-A summary court-martial is a non-criminal forum. A finding of guilty at a summary court-martial does not constitute a criminal conviction." And I guess the state agreed with me because I got received my guard card and start working tomorrow as a security officer. To all those who were supportive and helpful I thank you.

Response by SSG Private RallyPoint Member made Jul 7 at 2023 8:20 AM

SSG Private RallyPoint Member — Fri, 07 Jul 2023 08:20:09 -0400

I guess it really depends on what security company you apply for. I submitted all the requested paperwork to the company I applied to. I have nothing to hide but I highly doubt they did any real background check on me.