Titling involves placing the name and identifying information of a person, corporation, or other legal entity in the title block of a Department of Defense Law Enforcement Agency (DoD LEA) report. Titling does not involve a criminal determination and service members can be titled without ever knowing it, as is often the case.

Titling and indexing in the military occur when a service member has been accused of a crime and one of the service’s investigative bodies or law enforcement agencies, such as Criminal Investigation Division, Naval Criminal Investigation Services, or the Office of Special Investigations determines that credible information exists to believe a service member has committed an offense. This is a very low standard and service members can find themselves titled simply because an allegation was made and investigated.

There have been improvements in the titling and expungement process through legislation outlined in a recent National Defense Authorization Act, but the movement toward reinstating the previous more reasonable standard of probable cause, which every civilian is entitled to before an arrest, is ongoing.

Once there is credible information that a crime had been committed by a specific individual, the DoD LEAs will title the subjects of criminal investigations in DoD LEA reports and index them in Defense Central Index of Investigations (DCII). The term “titled” comes from the investigator entering the service member’s name in the title box when beginning to create the record in their database. Service members who have provided a DNA sample as part of the investigative process will have their DNA uploaded to the Combined DNA Index System (CODIS).

Although titling is not a criminal determination, it can have negative implications for individuals long after the titling action occurred. Many individuals who don’t understand titling automatically assume there was a conviction when this information comes up during a background investigation. An individual who has been titled may face difficulty obtaining a job that requires a background check, obtaining a security clearance, or even attempting to purchase a firearm.

For those that don’t understand the titling process or requirements, many often assume that a member who has been titled has faced criminal charges for the offense in which they were titled even though titling does not provide any connotation of guilt. Many individuals who are titled may never have been charged. Many are cleared of the alleged offense.

If an individual has been titled and indexed in one of the various criminal databases, there are steps they can take to try to have their personally identifiable information expunged from those repositories. This includes petitioning the investigating agency itself, and if that is not successful, petitioning the member’s Board for Correction of Military/Naval Records for relief. While it may be tempting to embark on an endeavor to have your name expunged from DCII or other similar databases on your own, it is often better to have somebody knowledgeable about the process, the crime for which an individual has been titled, and experience in navigating through the process. A well drafted legal brief outlining the applicable standards and addressing credibility and evidentiary issues is more effective and results in a higher level of success. If you have been titled and want to seek removal of your personally identifiable information it is best to seek professional guidance rather than go it alone.

Eric Duncan is a senior associate in Tully Rinckey PLLC’s Buffalo office, where he focuses his practice on military law. Prior to joining Tully Rinckey, Eric served in the Infantry of the United States Marine Corps. After transitioning from military service, Eric completed law school, where he conducted research into veteran groups and resources and worked as a founding member of the Veterans Legal Practicum at the University at Buffalo School of Law. Eric takes pride in defending our nation’s men and women in uniform. He can be reached at 888-529-4543 or at info@tullylegal.com.