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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34973
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can military criminal records against a civilian be expunged?

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Can military criminal records against a civilian be expunged? I'm an Army Civilian and was working overseas about 7 years ago when I was cited for failure to identify. It was just a bad day and I unknowingly failed to show an MP my ID card. I was not arrested, but the incident went to the blotter and now it comes up anytime I have a background check. Will it expire at some point? It was my fault, but also obviously very embarrassing.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

What you describe is an "NCIC" record.

The NCIC is the National Criminal Information Center". This is a database maintained by the FBI and contains records of criminal activity, including arrests, warrants, and adjudication of criminal cases.

The data will not remains in the NCIC indefinitely. There is no way to "expunge" a record that is accurate.

Now...if the record is inaccurate, you can ask to have it corrected.

For example, if the record incorrectly listed the offense for which you were cited? You can request to the agency that made the entry to have them correct it. If they refused, and you could prove it was in error, you could sue them in federal court to force a change.

But there is not a way to force removal of the record if it is otherwise accurate

Sorry to have to bear bad news.

Let me know if you have more questions...happy to assist if I can

P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 4 years ago.

Does this mean I have a criminal record?

What you describe it is an arrest record. THat is not the same as a conviction record. SO you do not have a "record" in the sense of a conviction of a criminal offense...but you do have a record of arrest.
Customer: replied 4 years ago.

Even though I wasn't arrested or taken into custody? I just want to be sure of what it is so I disclose it correctly if I'm required to.

Arrest record would include a citation (where a person cited but not taken into custody). It is a criminal event for the purposes of the NCIC

So I would disclose this as a "citation"...what you describe, that is what happened.

P. Simmons and other Military Law Specialists are ready to help you