Posted on Jun 18, 2016
Who should I contact to clear up a false arrest record from CID?
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Short version, I was investigated by CID while deployed almost 10 years ago. At no time was I ever informed that I was under arrest or confined. The findings were referred to my unit leadership who did an Article-15 hearing and found the charges unsubstantiated. I have just learned that CID reported to the FBI that I was arrested at that time. Since I was never actually arrested and it never went to a Court Martial, that arrest is still listed as "open with no dispositions." That report is now jeopardizing my new job. I know this is not a venue for legal advice but I need someone to point me in the right direction to get the proper answers.
Thanks
EDIT: I should add that at no time was this ever reflected on my official record. My TS-SCI clearance was unaffected either at the time of the investigation or during the remaining 4 1/2 years of my Active and Reserve career. My DD-214 makes no mention of it and lists a reentry code of 1. None of this would have been true had the charges been found to be valid.
EDIT 2: In case anyone is wondering I did end of getting this more or less resolved. It turns out, you can submit a Freedom of Information Act request (snail mail or online) with the CID archive in Quantico, VA. In my case, they looked me up in the NCIC system to verify my identity and found the arrest report in question. In their own words, they informed me that the "retention of this criminal history data in NCIC does not conform to DOD policy" and deleted it. I doubt I'm going to get any further with this but at least it shouldn't haunt me in routine background checks any more.
Thanks
EDIT: I should add that at no time was this ever reflected on my official record. My TS-SCI clearance was unaffected either at the time of the investigation or during the remaining 4 1/2 years of my Active and Reserve career. My DD-214 makes no mention of it and lists a reentry code of 1. None of this would have been true had the charges been found to be valid.
EDIT 2: In case anyone is wondering I did end of getting this more or less resolved. It turns out, you can submit a Freedom of Information Act request (snail mail or online) with the CID archive in Quantico, VA. In my case, they looked me up in the NCIC system to verify my identity and found the arrest report in question. In their own words, they informed me that the "retention of this criminal history data in NCIC does not conform to DOD policy" and deleted it. I doubt I'm going to get any further with this but at least it shouldn't haunt me in routine background checks any more.
FBI
5821: Criminal Investigator CID Agent
Edited >1 y ago
Posted >1 y ago
Responses: 18
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SGT Michael Root
In my case, once I filed the FOIA request it took a few weeks until I got it "resolved". (Given everything going on these days, I wouldn't be surprised if it took several months). Unfortunately that only helps if it is a case of someone improperly reporting things in the system. If it's something more complicated you'll need to go through JAG and I have no idea how long that will take. Hope that helps.
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If anyone can be of assistance we are going through this same issue right now and my husband has a letter from the Marshall on post saying he was only orally reprimanded never article 15 but yet the police report is saying they arrested him and took him in and that the case was closed but he didn’t even go in front of a magistrate
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SGT Michael Root
Sorry about not seeing this earlier. If you can, I'd follow the advice of several other posters and try to resolve this through JAG. If that's not working, you can try to file a FOIA request with CID headquarters for the case file. In my case, that was "allegedly" enough to get them to fix my record. (I say "allegedly" as I have not found a way to verify if they actually changed anything and have had some circumstantial evidence since then that there might still be something there).
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SGT Michael Root
Fortunately, yes. After several days calling the Fort Hood JAG office (and never getting passed the automated message informing me that "all personnel were currently busy") I found a way to submit an online Freedom of Information Act request for my case file with the CID archive in Quantico. What I got back was incomplete and heavily redacted (go figure) but there was a silver lining. Enclosed in the file was a note that the "retention of this criminal history data in NCIC does not conform to DOD policy" and that they had deleted my entry from the NCIC system. In the end, it's not an exoneration but it's likely the best I can hope for.
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I am sorry for your situation and I hope someone can point You in the right direction for a resolution.
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You may be a victim of a phrase that is used by investigators. Investigations that don't end in a conviction get filed away with a phrase that states "Due to lack of investigative leads this case is closed in the files of this office pending further investigation that would warrant it's reopening." Even if you have an adjudication of not guilty the file may still be open with CID. Like a few others here have advised try contacting JAG even though you are no longer on active duty they should be able to assist you.
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