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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20357
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I am having the same issues with my NCIC background check.

Customer Question

I am having the same issues with my NCIC background check. I was on oxycodone / OxyContin along with sleeping meds and by accidentally took hydrocodone I was prescribed that was years old. I never recieved any punitive punishment and the commanding General said due to my medical condition this is why it happened. If I was never punished or convicted why did CID send up to CRC and the FBI NCIC with wrongful use of an illegal substance? Is there a way I can take that off because they will not help me get jobs in the future.
Submitted: 2 years ago.
Category: Military Law
Expert:  Marsha411JD replied 2 years ago.
Hello,
Thank you for the information and your question. The CID record is there because they opened an investigation into misconduct. So, it is like with any other law enforcement agency where someone was arrested or charged with a crime, even if the disposition is a dismissal or not guilty. So, this should not be showing up as a conviction, but instead an open investigation or arrest. If that is the case, then there is nothing you can do to have it removed. In other words, there is no expungement of correct information in the Federal system.
The proper way to handle the report is to divulge that you were investigated and then produce your military record and shows you were not punished or court-martialed. Again, like other persons who have charges or arrests on their records, who sometimes have to explain the disposition. This, however, if not a conviction, so it shouldn't effect your employment.
If the information is incorrect, then you can petition, the Army Board for Correction of Military Records to have it removed. You can find out how to submit your request by going to: http://arba.army.pentagon.mil/abcmr-overview.cfm
Please let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 20th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.