Amending military law enforcement records is a structured but often complex process, depending on the nature of the record and the agency that maintains it. Service members who wish to remove titling and amend their records need an experienced Titling actions lawyer to help them process titling removal actions.

What is Titling?

When a service member has been arrested and fingerprinted they are likely “titled” in the federal law enforcement database even if they are not charged with a crime. In military law enforcement, “titling” refers to the indexing of an individual’s name in a criminal investigation report (ROI). This process, governed by DoD Instruction 5505.07, occurs when law enforcement agencies like CID, NCIS, or OSI believe there’s credible information linking an individual to a crime. The federal law enforcement database is primarily maintained by the FBI’s Criminal Justice Information Services (CJIS) Division. The DoD IG Also lays out an individual’s right to amend their records in the database. Additional policies and resources for amendment of records include:
DoD 5400.11-R, DoD Privacy Program, Chapter 3, and DoDI 5505.07 – Titling and Indexing in Criminal Investigations

The Law Office of Peter Kageleiry, Jr., LLC can help service members and former service members request to amend their records in this database especially if their arrest did not lead to charges. Often, especially in cases of suspected Article 120 sexual assault or Article 128b Domestic Violence, police arrest first, ask questions later. This sometimes leads to an unjust arrest of a service member. Sometimes these service members don’t even realize they are “Titled” and remain in the database only to be discovered later during a background check.

How to Remove or Expunge a Titling Decision

DoD policy as directed by the 2021 NDAA directs the services to amend records in the database if they meet defined characteristics such as a lack of probable cause. It is important to determine whether the probable cause was present or incorrectly determined to be present. The way to determine this is to have an experienced military attorney examine the investigation files associated with the arrest. From there service members can request their services law enforcement agency to amend the record, essentially executing titling removal actions or “untitling” the service member.

Determine the Type of Record and Jurisdiction

If a service member finds they have a record in the database, they can start the process of amending those records by determining the type of record and jurisdiction of the arrest and investigation. A Titling Removal Lawyer can help.

Military law enforcement records can include:

• Incident reports
• Investigative files (CID, NCIS, OSI)
• Military police blotters
• TITUS reports (Army LE)
• Reports in DCII (Defense Central Index of Investigations)
• NCIC entries
• ROIs (Reports of Investigation)

Military Law Enforcement Agencies

The different agencies responsible for these records are Agencies may include:

• Army CID (Criminal Investigation Division)
• Navy NCIS
• Air Force OSI
• Joint or DoD-level databases (e.g., DCII, JPAS/DISS, NCIC)

Obtaining Records

To begin the amendment request process, the service member must obtain a copy of these records. The Privacy Act of 1974 or FOIA allows individuals or their attorney to request records from the appropriate military law enforcement agency.

Once the record is in hand, we can review it carefully for factual inaccuracies or outdated info. Examples are mistaken identity, expunged charges, incorrect dates, or procedural errors.

Request for Record Amendment and Untitling

Under the Privacy Act (5 U.S.C. § 552a), you have the right to request corrections to federal records. Our titling actions lawyer will prepare a written Request for Amendment that includes:

• Identification of the specific record.
• Clear explanation of the inaccuracy.
• Evidence or documentation to support your correction.
• A statement requesting amendment or removal.

A titling removal military lawyer can help with this process.

Appeals

You can appeal if your amendment request is denied. You should appeal to the head of the Law Enforcement agency you contacted.

If that appeal fails, a service member can appeal to the Board of Correction of Military Records. They can ask to remove a titling decision. The boards are responsible for correcting military records. They include:

• The Army Board for the Correction of Military Records (ABCMR).
• The Navy Board for the Correction of Military Records (BCNR).
• The Air Force Board for the Correction of Military Records (AFRBA).
• The Coast Guard Board for the Correction of Military Records (BMCR).

If you have experienced an arrest or reports not leading to charges, have records affecting security clearance, employment, or benefits, or a law enforcement agency has made improper entries into the National Crime Information Center (NCIC) or Defense Central Index of Investigations (DCII), Mr. Kageleiry, a titling actions lawyer, may be able to help. Call us at ‪(757) 504-2815 or contact us here to speak with us about Titling removal actions. We can discuss how to remove or expunge a titling decision.