Being titled in the military is as simple as being placed in the subject block of a CID report of investigation. When an investigation begins, the detective on the case only needs to develop credible information that a person committed a crime. Credible information can be as little as an alleged victim’s first statement to military police. Titling is not a legal decision; it is strictly investigative. So, when a person is titled, that doesn’t mean he or she actually committed any crime. Simply put, to be titled is to be the subject of an investigation.
How does being titled affect me?
While the burden to title someone is quite low, the burden it places on the person titled can be heavy. When a servicemember is titled, the report of investigation is indexed in the Defense Clearance and Investigations Index (DCII). Once a person is titled and indexed, the record can be on file and accessible for up to 40 years.
When a person is titled, the record can be (and often is) accessed during background checks for such things as employment and education applications. This record can be likened to an arrest without further prosecution in the civilian world. It will often require explanation and can be a determinative factor for employers, educational institutions, and other areas where background checks are required.
What can I do?
When a person has been indexed after titling, there are ways to attack the record and amend or delete the titling decision. For example, titling information indexed in the DCII can be expunged or corrected if the titling resulted from mistaken identity or if no credible information existed at the time the titling decision was made.
As one may imagine, a request to amend or delete a titling decision is a tall task. Doing so often requires combing through investigative files, statements, interviews, and other records created throughout the investigation and strategically building a case based on all the information available. An experienced military lawyer has the skills and expertise to effectively build and present a case to amend or delete a titling decision.
MJA has experience successfully appealing titling decisions. If you have been titled, please contact Military Justice Attorneys today to speak with one of our attorneys about your options.