Posted on Nov 18, 2020
How can I try to remove My former Army criminal record After leaving the military with honorable?
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Is there anyway I can try to challenge or expunge my former Military criminal records? I got an honorable in August and a civillian now. I remember there was a CID investigation for probable cause about a year ago in 2019. And before i was chaptered out, the military police did an investigation but it was closed for me to be chaptered out.
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Posted 4 y ago
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if civilian LEO were not involved and you got an honorable discharge, odds are high that no one will ever know unless you apply for a security clearance. virtually impossible to challenge/expunge military criminal record that resulted in a chapter.
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PV2 Austin Lohmann
C.I.D. probably “Titled” you during their investigation. That means that they named you as a suspect on a Report of Investigation (ROI).
If you were titled, it will follow you for the rest of his life. From what I understand, you do not get removed from this database once in it, unless the ROI is closed with a finding of you not involved...So if you are considered a suspect even if they can not bring charges, you can remain titled.
So, anytime you apply for a government job, police, security, NICs check, etc, where they do a background check, this issue will come up.
C.I.D. probably “Titled” you during their investigation. That means that they named you as a suspect on a Report of Investigation (ROI).
If you were titled, it will follow you for the rest of his life. From what I understand, you do not get removed from this database once in it, unless the ROI is closed with a finding of you not involved...So if you are considered a suspect even if they can not bring charges, you can remain titled.
So, anytime you apply for a government job, police, security, NICs check, etc, where they do a background check, this issue will come up.
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SGM Erik Marquez
"Legal advice: The CID titling process
October 9, 2013
A question I am commonly asked is “I have been titled by CID, what should I do?” There is a lot of misunderstanding about what titling is and what its consequences are. The purpose of this article is to clear up some of these misunderstandings.
What is titling? Put simply, titling is the decision to place the name of a person in the “subject” block of a CID report of investigation.
Titling is not a legal or judicial decision, it is an operation procedure used by CID. Unlike a criminal conviction, which requires proof beyond a reasonable doubt, to title someone there must only be existence of credible information that a person committed a criminal offense. Legally, this is a very low standard. To meet this standard, CID coordinates with Office of the Staff Judge Advocate to determine if credible information exists. If such evidence exists, then the individual is titled.
What happens once I have been titled? The primary purpose of titling is to ensure that information contained in the CID report can be retrieved for law enforcement and security purposes.
Once someone is titled, the ROI is indexed in the Defense Clearance and Investigations Index.
If the person being titled is in the Army, they will also be indexed in the Army Crimes Records Center. Being indexed in the DCII and the CRC is what people ultimately complain about when they have been titled, because titling follows you around indefinitely.
How do I get un-titled? It is nearly impossible to get “untitled,” i.e. getting your name removed from the ROI. To have a name removed, a person must conclusively establish that the wrong person’s name has been entered as a result of mistaken identity.
The good news is that it is comparatively much easier to amend the ROI from founded to unfounded.
The first step is getting the ROI. Hopefully, the Soldier can get this from his/her commander. If not, then the Soldier must submit a request under the Privacy Act of 1974 to the director of CRC.
Next, the Soldier comes to the legal assistance office for help in drafting a memorandum, with supporting documentation, on why the amendment to the ROI should be granted.
The CRC will then forward these documents to the CID Staff Judge Advocate and the CID Investigative Operations Section. If everybody agrees then the ROI will be amended. If this approach fails, the Soldier can apply for redress with the Army Board for Correction of Military Records. Your Legal Assistance Office can also help you with this process as well."
October 9, 2013
A question I am commonly asked is “I have been titled by CID, what should I do?” There is a lot of misunderstanding about what titling is and what its consequences are. The purpose of this article is to clear up some of these misunderstandings.
What is titling? Put simply, titling is the decision to place the name of a person in the “subject” block of a CID report of investigation.
Titling is not a legal or judicial decision, it is an operation procedure used by CID. Unlike a criminal conviction, which requires proof beyond a reasonable doubt, to title someone there must only be existence of credible information that a person committed a criminal offense. Legally, this is a very low standard. To meet this standard, CID coordinates with Office of the Staff Judge Advocate to determine if credible information exists. If such evidence exists, then the individual is titled.
What happens once I have been titled? The primary purpose of titling is to ensure that information contained in the CID report can be retrieved for law enforcement and security purposes.
Once someone is titled, the ROI is indexed in the Defense Clearance and Investigations Index.
If the person being titled is in the Army, they will also be indexed in the Army Crimes Records Center. Being indexed in the DCII and the CRC is what people ultimately complain about when they have been titled, because titling follows you around indefinitely.
How do I get un-titled? It is nearly impossible to get “untitled,” i.e. getting your name removed from the ROI. To have a name removed, a person must conclusively establish that the wrong person’s name has been entered as a result of mistaken identity.
The good news is that it is comparatively much easier to amend the ROI from founded to unfounded.
The first step is getting the ROI. Hopefully, the Soldier can get this from his/her commander. If not, then the Soldier must submit a request under the Privacy Act of 1974 to the director of CRC.
Next, the Soldier comes to the legal assistance office for help in drafting a memorandum, with supporting documentation, on why the amendment to the ROI should be granted.
The CRC will then forward these documents to the CID Staff Judge Advocate and the CID Investigative Operations Section. If everybody agrees then the ROI will be amended. If this approach fails, the Soldier can apply for redress with the Army Board for Correction of Military Records. Your Legal Assistance Office can also help you with this process as well."
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