Employment Law

Will My Military Discharge Show Up on a Background Check?

Discover how military discharge affects background checks and what information is disclosed to employers and others

Understanding Military Discharge Types

There are several types of military discharge, including honorable, general, other than honorable, bad conduct, and dishonorable discharge. The type of discharge received can impact what information is included on a background check.

An honorable discharge is typically the highest level of discharge and is usually not a concern for employers, while a dishonorable discharge may raise red flags and impact employment opportunities.

What Information is Included on a Background Check

A background check may include information about a person's military discharge, including the type of discharge and the reason for discharge. However, the amount of information disclosed can vary depending on the type of background check and the laws of the state.

In general, a background check will include information about a person's military service, including their branch of service, dates of service, and discharge status. However, sensitive information such as medical records and disciplinary actions may not be included.

How Military Discharge Affects Employment

A military discharge can impact employment opportunities, particularly if the discharge was other than honorable or dishonorable. Some employers may view a less than honorable discharge as a negative factor in the hiring process.

However, federal law prohibits employers from discriminating against veterans based on their military discharge, and some states have laws that protect veterans from employment discrimination. Veterans may also be eligible for certain employment benefits and preferences.

Requesting a Copy of Military Records

Veterans can request a copy of their military records, including their discharge paperwork, from the National Archives or the Department of Veterans Affairs. This can be helpful in verifying the accuracy of information included on a background check.

Veterans can also use their military records to demonstrate their eligibility for certain benefits and preferences, such as employment preferences and education benefits. It is essential to ensure that military records are accurate and up-to-date.

Seeking Legal Advice

If a veteran is concerned about how their military discharge may impact their employment opportunities or other aspects of their life, they should seek legal advice from a qualified attorney. An attorney can help veterans understand their rights and options.

An attorney can also assist veterans in navigating the process of requesting a copy of their military records and verifying the accuracy of information included on a background check. Additionally, an attorney can provide guidance on how to address any negative information included on a background check.

Frequently Asked Questions

Will my military discharge show up on a background check?

Yes, your military discharge may show up on a background check, depending on the type of discharge and the laws of the state.

What type of information is included on a background check?

A background check may include information about your military service, including your branch of service, dates of service, and discharge status.

Can I request a copy of my military records?

Yes, you can request a copy of your military records from the National Archives or the Department of Veterans Affairs.

How can I verify the accuracy of information on a background check?

You can verify the accuracy of information on a background check by requesting a copy of your military records and reviewing the information for accuracy.

Can a military discharge impact my employment opportunities?

Yes, a military discharge can impact your employment opportunities, particularly if the discharge was other than honorable or dishonorable.

Are there laws that protect veterans from employment discrimination?

Yes, federal law prohibits employers from discriminating against veterans based on their military discharge, and some states have laws that protect veterans from employment discrimination.