New Regulations Make it Easier to Get Military Investigations Removed From Background Checks

Are you applying for a job with a government agency or another employer? You might be wondering: will your background check come back clean? For many servicemembers who have never faced charges or been convicted of any offense, the answer can still be a surprising "no." This is because, during investigations by military law enforcement, your name and Personally Identifiable Information (PII) often find their way into the FBI's database—even if no criminal charges are filed. Unfortunately, this can lead to an entry that appears as an "arrest" related to the investigation, even if it didn't result in criminal charges. While the entry should ideally clarify the outcome of those charges, it’s common for this crucial information to be missing or inaccurate.

Take Control of Your Background Check

If you suspect that you were the subject of a military law enforcement investigation, it’s essential to ensure that your background check reflects accurate information. The first step? Request a copy of your background check here. You can conveniently submit your request online or through the mail. Just remember, you'll need to provide your fingerprints and pay a fee to get started.

Know Your Rights: Correcting the Record

Good news! If the information on your background check is wrong or if the investigation was based on weak and unfair allegations, you can request that it be corrected or expunged. Congress has recently made strides to help servicemembers correct or expunge their information in the FBI database. As part of the 2021 NDAA, a new standard has been established for servicemembers seeking corrections or expungements. Now, the reviewing agency must find that probable cause existed at the time of the investigation and still exists today for the records to stay in the database.

Get Expert Help

I've successfully navigated the complexities of petitioning military law enforcement agencies and Boards for Correction of Military/Naval Records on behalf of many clients. If your background check contains negative information that could impact your future, don’t hesitate to reach out. Let’s work together to clear your name and secure your opportunities! Give me a call at (760) 239-7294.