How can I remove a military arrest from my background report?

SPC Jerome Herman — Mon, 10 Jun 2024 05:42:00 -0400

My friend got into a fight in the military, I ran over and pushed BOTH my friend and another man back from fighting. Later that day I was called by police and told to report to the police station for questioning. The man said since I put my hands on him it’s assault. So I was questioned and sent home. I didn’t get any article 15, nothing happened with my command team. (Yes it’s sounds like crap but story is real) and I get out from the military and life is good

Fast forward today. I wanted to get married to a foreign woman and in her country I need an fbi report. When I get it back I see “SIMPLE ASSAULT” on my record! Where did this come from??? No one prosecuted me for anything! I wasn’t in trouble. How can I clean that bs from my record? And since when is breaking up a fight assault!

Response by MSG Gary Eckert made Jun 10 at 2024 8:53 AM

MSG Gary Eckert — Mon, 10 Jun 2024 08:53:08 -0400

First and least expensive step is to submit a DD Form 149 to the Board of Corrections. You will probably need statements from others that were involved to back up your contention. If this doesn’t work and there is a good chance it won’t, you will probably need to hire a lawyer and sue in Federal District court.

Response by COL Randall C. made Jun 10 at 2024 9:02 AM

COL Randall C. — Mon, 10 Jun 2024 09:02:03 -0400

Short answer: You'll submit a removal request to the US Army Crime Record Center (CRC)*

Long answer: You most likely have what is called a 'titling record' that is showing up when a background check is conducted.

When the other individual accused you of assaulting him to the Military Police, an investigation report was created by the MPs and your name was entered into the title block of the report (thus the name). As the investigation progressed (your interview was part of the investigation), sufficient evidence to lead to an arrest was not found and no subsequent action was taken.

The problem is that the titling record remains and populates to the DoD's Defense Clearance and Investigations Index (DCII)* and remains there for 40 years. DCII records are accessed by DoD and other federal agencies (more than 25) with adjudicative, investigative and/or counterintelligence missions, one which obviously is the FBI.

Getting a titling report expunged because no action was taken is next to impossible as the guidelines are "expungement of a subject’s name from a record because a commander took no action, or the prosecutor elected not to prosecute will not be approved.” In other words, because you were the subject of an investigation (i.e., 'titled') but never had charges filed or any adverse action taken, the titling report will follow you around for 40 years.

.. or rather, it WAS next to impossible.

Language (section 545) in the 2021 National Defense Authorization Act (NDAA)* changed all that. Now the guidance is that the central records repository for the service (for that Army, that's the CRC) can now consider "whether adverse administrative, disciplinary, judicial, or other such action was initiated against the covered person for the offense at issue"

If everything is as you stated above, this should be a simple process. Once the changes are made to CRC's records then they will inform DCII as well.

If the request is denied, the first document will give you the appeals route (first to CID's Chief Counsel and then to the Army Board for Correction of Military Records).

Good Luck!
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* How to remove a titling action from Army actions - https://www.cid.army.mil/Portals/118/Documents/FOIA-Privacy-Act/Privacy-Act_Criteria-for-ammending-DACID-records.pdf
* DoDI 5505.07 - Titling and Indexing by DoD LEA - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/550507p.pdf
* NDAA 2021 (Public Law 116-283) - https://www.congress.gov/116/plaws/publ283/PLAW-116publ283.pdf
* CID form to request record change - https://www.cid.army.mil/Portals/118/Documents/FOIA-Privacy-Act/Privacy-Act_Request-to-Change-Record.pdf

Privacy-Act_Criteria-for-ammending-DACID-records.pdf

Response by MAJ Ronnie Reams made Jun 10 at 2024 9:31 AM

MAJ Ronnie Reams — Mon, 10 Jun 2024 09:31:32 -0400

Used to be a MP, they do not arrest, they apprehend. Arrest only applies to Os and done by their CO.

Response by SSG Laurie Mullen made Jun 10 at 2024 9:59 AM

SSG Laurie Mullen — Mon, 10 Jun 2024 09:59:57 -0400

It looks like you were fingerprinted when the police talked to you. Do you know what the disposition is on your criminal history record?