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Question for anybody with military experience

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    Archived from the IMDb Discussion Forums — Navy Seals


    fistoffury — 11 years ago(August 29, 2014 01:16 PM)

    I got a question for anybody with military experience if they can answer this. From what I know, not just for the SEALS but for anybody who wants to join the Navy for any job, or anybody for that matter who wants to join any of the other branches (Army, Air Force, Marines) that you will be asked if you've ever been arrested. I do know that its illegal to ask a person if they've ever been arrested when they apply for a job. An employer can ask an applicant if they've ever been convicted but they cannot ask if they've ever been arrested. If they do they can be sued and have the book thrown at them in court. Just because a person has been arrested does not mean that they've been convicted or that they're guilty, they could just be at the wrong place at the wrong time so it stands for reason that it wouldn't be fair to ask somebody if they've been arrested. So therefore I don't see why the military can ask a potential recruit if they've ever been arrested if a person can't be asked that if they're applying for other jobs. Its against the law to ask somebody if they've ever been arrested when they're applying for a job.

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      dubyahsrobotminion — 11 years ago(October 01, 2014 04:40 AM)

      Ok I was a Navy Recruiter and now I am a rated NC (Navy Career Counselor).
      First things first its not illegal for an employer to ask about criminal history in every state. It varies state to state. The fact that its shied away from in interview is more of a protective measure. Most jobs will have it somewhere on the application, pre cleared by a signed privacy act statement in which uses fine writing stating you waive your privacy. As a term of employment in all but 2 states it is legal to ask about felony convictions as a term of employment. There are many other examples of things that can be asked as well. Retailers for instance in most states can ask about retail theft convictions.
      Second thing, under all revisions of the National Security Act to present Service Members are not afforded every civil liberty as civilians would be. The SF-86 form all enlistees and officers must complete prior to assession waives pretty much all of your rights to privacy. Even to sealed juvenile cases. Financial, Domestic, Criminal, Medical, none of it is protected. Certain things like double jeopardy and other civil liberties are not guaranteed to service members. You can be forced to take inoculations, stand duty and all manners of things that don't include civil liberty.
      As a recruiter all I needed to do was to get you to sign privacy act statement and release and I could go to the local courthouse and do a preliminary PRC (Police Record Check). If a sealed juvenile record comes back, than all I needed to do was to go to a judge or magistrate in that jurisdiction and use the same release and I will get those records no problem. If you don't want to sign the release, than no enlistee-listee for you.
      Why don't see why this is a good idea? We are not talking about a job at Subway as a Sandwich Artist. We are talking about a job that requires at least a minimal security clearance, if not a Secret or Top Secret level clearance. You must qualify mentally (Asvab, Education minimums), medically (med history, and MEPS Physical) and morally (drugs, criminal). Its as simple as that. You don't have to like and you don't have to join.
      You're taking a dump and they call GQ do you pinch it off or finish your business?

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