For thousands of service members and veterans, a routine background check is uncovering something shocking: records showing they were arrested, charged, or part of a criminal case — even though they were never arrested, never charged, and never convicted.
A recent lawsuit and emerging reporting indicate that many veterans are being flagged in civilian background-check systems simply because they were the subject of a military investigation — not because they committed a crime.
For many, the only reason their name entered the system was because they were fingerprinted and DNA-swabbed by NCIS (Navy), Army CID, Air Force OSI, or Coast Guard CGIS during an investigation that was later closed with no action.
Yet those records continue to appear in systems used by:
- Federal agencies
- State law-enforcement
- TSA and DHS
- Public schools and youth programs
- Firearm-purchase background checks (NICS)
- Employers and licensing boards
- Security-clearance adjudicators
The Root Cause: Military “Titling”
This problem stems from a little-understood administrative action known as “titling.”
In the military investigative system, a service member can be titled — meaning entered into a criminal record system — when an investigator believes there is “credible information” that an offense may have been committed.
That low threshold is not proof, not probable cause, and not due process.
Once titled, the following may happen:
- Your fingerprints are collected
- Your DNA may be entered into a federal repository
- Your data is entered into DOD and FBI systems
- Civilian criminal-history systems may auto-populate with your information
And critically:
Titling does not go away simply because nothing came of the investigation.
Even if you were:
- Fully cleared
- Never arrested
- Never charged
- Never court-martialed
- Never given Article 15/NJP
- Never disciplined in any forum
…the record can still follow you for years — even decades.
Real-World Consequences
What looks like a technical classification often becomes a real-life barrier. Veterans are discovering these entries when they:
- Attempt to purchase a firearm
- Apply for federal jobs or security clearances
- Volunteer at a child’s school
- Apply for state or professional licensure
- Undergo employment background checks
- Seek to work as a teacher, coach, nurse, real-estate agent, or contractor
Korody Law has represented dozens of current and former service members who only learned about an incorrect criminal-history entry after:
- Being denied a concealed-carry or firearm purchase
- Being disqualified or delayed for a job
- Being removed from a hiring process
- Being blocked from volunteering at their child’s school due to a flagged background check
- Being denied a professional certification or license
For many, it feels like being accused of a crime they never knew existed — and never had the chance to contest.
“Case Closed” Does Not Mean “Record Removed”
Most service members assume that because the investigation ended with no action, the entire record disappears.
Unfortunately, that is not how the system works.
Because NCIS, CID, OSI, and CGIS share biometrics and titling information with federal and state systems, many background checks display language such as:
- “Arrest record present.”
- “Subject of federal investigation.”
- “Disposition missing.”
- “DNA/fingerprint record exists.”
- “Incomplete criminal history record.”
These statements are often misleading, incomplete, and damaging — yet they trigger automatic denials and red flags.
Can the Record Be Corrected or Removed?
Yes — in many cases — but not automatically and not without action.
Relief may involve:
- Requesting administrative correction or removal
- Filing a petition with BCNR, ABCMR, AFBCMR, or PSC-RB
- Seeking correction or removal with FBI CHI or state repositories
- Requesting federal DNA expungement
- Challenging inaccurate or incomplete entries in commercial screening platforms
- Submitting security-clearance mitigation documentation
Time, accuracy, and strategy matter.
Some corrections take months — others require appeals or legal action.
Who Should Consider Taking Action?
You should strongly review your background record if you:
- Were fingerprinted during a military investigation
- Provided a buccal/DNA swab to NCIS, CID, OSI, or CGIS
- Were the subject of an inquiry—even if cleared
- Have experienced unexplained denials or delays for firearms, employment, or credentialing
- Transitioned to a federal or contracting role requiring clearance
A proactive review can prevent surprise denials.
How to Check Your Record
Consider requesting:
- Your FBI “Identity History Summary” (Rap Sheet)
- State background-check records
- Military law-enforcement investigative files via FOIA/Privacy Act
- Clearance-related investigative records through DCSA
- NCIC/NICS status check (where applicable)
If errors exist, document them and seek qualified legal representation.
Final Thought: Innocent Should Still Mean Innocent
Military justice should not permanently brand a veteran because of a database entry created during an investigation that resulted in no proof, no charge, and no conviction.
Every veteran deserves the opportunity to move forward without a shadow cast by a system they never had the chance to contest.
Need Help Fixing a Record?
Korody Law assists active-duty members, reservists, and veterans in:
- Record correction and expungement
- Titling and indexing relief
- DNA and fingerprint removal petitions
- Background-check remediation
- Security-clearance mitigation
If you discovered an unexpected criminal-history entry — or want to know whether one exists — Korody Law can help.
Contact Korody Law at 904-383-7261 for a free, confidential case consultation.