New rules about expungement of military law enforcement records
A law passed by Congress in 2021 changed the rules for expunging military law enforcement titling decisions from the past.
“Titling” is when a military law enforcement agency (NCIS, CID, or AFOSI) decides there is “probable cause” to believe someone committed a criminal offense. “Probable cause” is not a high standard of proof, and the titling decision is just the opinion of the law enforcement and the prosecutor, based on what they think during the investigation phase.
Many cases of these cases never go to trial, but the law enforcement record is included in computer databases, so servicemembers who were “titled” suffer damage to their reputation and employment opportunities—just because they were accused of a crime, even though they were never convicted of anything in a court of law.
Until 2021, a servicemember could only have the military law enforcement record expunged by showing that the decision was not reasonable based on what the law enforcement agency knew at the time of the decision. That rule was vague and subjective, and it ignored the question of whether the effect on the servicemember was unfair.
In 2021, by an overwhelming bipartisan vote, Congress finally changed the rules. Under the new rules, the law enforcement agency must consider all information available now, not just what was known at the time of the titling decision. Now, your attorney can use the entire record to craft the strongest argument to have the unfair titling decision expunged!
If you were unfairly titled, this change makes it easier for you to correct misleading records that can harm your reputation and employment opportunities!
William E. Cassara, PC, has already succeeded in using this change to expunge military law enforcement records for wrongly titled veterans. Your best chance for an expungement is to have an experienced military law attorney examine the entire record and make the strongest legal and factual argument on your behalf.