How do I get substantiated criminal investigative records expunged?
Posted by: William Cassara On: March 8th, 2017
If you were investigated by military police, CID, NCIS or another like agency while serving, you might have adverse records in your file pertaining to this investigation. You may be the “subject” of a “titling” or you may even have a “founded” or “substantiated” report of investigation in your military records. This record may remain in your file even though your command chose not to take any adverse action against you after the investigation. This record will be a constant obstacle for you when it comes to promotion boards, school boards, and career progression both in military and in civilian life. If you feel that you were titled unjustly or an investigation was substantiated against you unjustly or in error, you have a right to request that your name be removed from those records. You also have the right to ask that these records be expunged from your military file. However, you do need to know up front that this is a difficult battle to fight. The reason it is difficult is because these agencies no longer need probable cause to title a subject for an offense. All that is needed is “credible information.” The investigative agencies do require probable cause to substantiate an offense or determine that it was “founded.” However, this is also not a terribly high standard. Stating that being successful in these requests is difficult does not mean that it is impossible. It is very possible in the right case. I have made these requests on behalf of my clients and I have the experience that is takes to be successful in these requests. The request first must go to the appropriate service Crime Records Center (CRC). The CRC will evaluate the request and will consider any new evidence that is submitted that might show that the titling or substantiation was either in erred or unjust. If the CRC denies the request, there is another option. A request can be made to the appropriate Board for Correction of Military Records. This board will objectively look at whether the initial titling or the final substantiation in the criminal investigative records was made in err or was unjust. In the past, these boards have expunged records based on a lack of corroboration in certain cases and for other like reasons. If you or your loved one has a titling or a substantiated investigative record in a military file that you feel should be removed, I am here to help. I can help represent you in your request. I have the experience you need. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.
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