An acquittal at court-martial is a verdict of not guilty, but it is not a guarantee that the underlying events disappear from a service member’s record. The military recordkeeping system preserves information about investigations, charges, and proceedings in ways that can surface long after the proceeding has concluded. What remains in a personnel file, what is accessible to future promotion boards, and what a civilian employer or federal agency might eventually discover are separate questions from whether a conviction occurred.
The gap between an acquittal and a clean record is one of the most underappreciated consequences of being charged under the UCMJ. Service members who expect that a not guilty verdict closes the matter are often surprised to find that adverse documentation remains, that evaluation reports reflect the existence of a proceeding, and that the investigation itself continues to cast a shadow on a career that should have been fully restored by the acquittal.
What Gets Recorded After an Acquittal
An acquittal at court-martial produces a finding of not guilty, but it does not produce a blank record. The charge sheet, the convening order, the Article 32 preliminary hearing report, and the record of trial are all official documents that exist regardless of the outcome. They are maintained in military legal files and may be referenced in subsequent administrative proceedings. The existence of a court-martial, even one that ended in acquittal, is a fact that enters the institutional record.
What may or may not remain in the service member’s personnel file depends on which documents were placed there during the proceedings, whether evaluation reports were affected, and whether any administrative actions separate from the criminal case were taken. A referred performance evaluation that was generated during the investigation may remain in the file even if the court-martial produces an acquittal. An adverse administrative action initiated based on the same underlying conduct can proceed independently. The acquittal closes the criminal case. It does not automatically undo everything that was set in motion by the investigation.
How Investigation Records Persist Even Without Conviction
Criminal investigation records maintained by CID, NCIS, and OSI are separate from personnel files and are not automatically purged following an acquittal. These agencies maintain investigative files that document the subject, the allegations, the witnesses interviewed, and the evidence collected regardless of the outcome of any subsequent prosecution. Those files exist, are retained according to agency-specific schedules, and are accessible to federal agencies that conduct background investigations and security clearance reviews.
The practical consequence is that a service member who is acquitted at court-martial may still have a law enforcement record in the federal system that reflects the existence of the investigation, the nature of the allegations, and the fact that the case proceeded to trial. When that service member later applies for a federal job, a security clearance, or any position that involves a federal background investigation, the investigation record will appear and will require explanation.
The Effect of an Acquittal on Promotion Boards and Evaluations
An acquittal does not automatically remove from the promotion record any documentation that was generated during the investigative and prosecution process. A referred performance evaluation that was written during the pendency of the case, a general officer memorandum of reprimand that was issued before charges were preferred, or a suspension from a duty position that was documented in the service member’s record all remain in the file unless specific action is taken to remove them. The acquittal establishes that the criminal charge was not proven. It does not establish that these adverse documents were improperly created or that they must be removed.
Promotion boards that review a file containing this documentation will see it regardless of the acquittal. They are not permitted to treat the acquittal as evidence of the service member’s character, but they are permitted to consider documents that were properly placed in the file through applicable procedures. A referred OER that reflects the command’s assessment of the service member’s judgment or conduct during the period in question can remain a negative factor in board review even after the underlying criminal case concluded favorably.
Requesting Correction or Removal of Investigation Records After Acquittal
Service members who have been acquitted and whose records contain adverse documentation connected to the investigation or prosecution have remedies available, but those remedies require affirmative action and are not guaranteed to succeed. Requests to correct or remove performance evaluations, memoranda of reprimand, and other adverse documents go to the appropriate service records correction board. The standard for correction requires showing that the document was erroneous, unjust, or otherwise improper under applicable regulations.
An acquittal is relevant evidence in this process because it establishes that the conduct underlying the adverse documentation was not proven to the criminal standard. But it is not automatically dispositive. The records correction board may find that the adverse document accurately reflected the command’s contemporaneous assessment of the service member’s performance or conduct even if the underlying criminal charge was not proven. The outcome depends on the specific facts, the basis for the adverse document, and the legal arguments presented in the correction petition.
How Civilian Employers and Agencies Access Military Records
Civilian employers who conduct commercial background checks generally do not have access to military criminal investigation records or military court-martial records. The federal background investigation system is different. Employers seeking security clearances for their employees, federal agencies hiring for positions requiring clearance, and law enforcement agencies that access federal databases may see records that commercial background check services do not.
Veterans who apply for federal employment or for positions requiring security clearances should expect that their military history, including any court-martial proceedings regardless of outcome, will be visible to the reviewing authority. The standard federal employment application asks about court-martial convictions specifically, and the security clearance application requires disclosure of law enforcement contact, investigations, and proceedings. Accurate and complete disclosure, accompanied by a clear explanation of the acquittal and its context, is the appropriate approach. Incomplete or inaccurate disclosure creates a separate problem that is often worse than the underlying record it was intended to conceal.
This content is provided for educational purposes only and does not constitute legal advice. Military law is complex and fact-specific. If you are facing a UCMJ investigation, court-martial, administrative separation, or any other military legal matter, consult a qualified military defense attorney before taking any action.