Human Resources
Human Resources
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
Edited 7 y ago
Posted 8 y ago
Responses: 18
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At any point were you Mirandized ... read your rights? you know .. You have the right to remain silent.. if you did you would have had to sign a waver... Do you remember.
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SFC Ernest Thurston
Sometimes there is a mistake in the FBI report because many times soldiers are detained or questioned but not arrested. The problem comes when CID/MPs have to report to the NCIC. Sometimes military terms don't fit in the civilian forms as many of you know when you've tried to do a resume. If you were detained by CID for questioning then that information went into the MP Blotter which may have been used for information purposes and passed onto the FBI/NCIC. The Provost Marshal is responsible for maintaining the MP Blotter and this may be the origin of your problem since the Blotter is a quick synopsis and not a complete report of incidents that happened in a 24 period. In other words you have two possible agencies that may have reported to NCIC, the investigating CID or or the Provost Marshal in your AO. I know this doesn't fix your problem but it may give you another avenue to approach.
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SSG (Join to see)
SFC Ernest Thurston - Great point.. MP's don't "arrest" they apprehend. i.e.. Subject was apprehend, questioned then released. Matter was turned over to Local Command for action. Translates to civilian law as.. "Suspect" was arrested, questioned then released. They assume. (matter was turned over to D.A. for grand jury.)
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freedom of information act request cid send this alleged information, and get a lawyer, i know it takes time but in the end it will clear you and possibly reward you
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CID should have a case record showing that there were no charges filed. If you can get a record of the final disposition of the investigation or a statement from CID stating that no records could be located, you should have sufficient documentation for your SSO to talk the FBI down. Ultimately, you'll need to ask CID to expunge the case record or to help remove the titling (who will then in turn pass the record onto the FBI). The way the FBI gets its records from the military investigative services is flawed and so cases like this is sadly much more common than you might think.
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