“Titled, Say What?”
By David P. Sheldon, Esq. & Ashleen M. Williams, Ph.D.
So, you left your previous duty station and, despite a bumpy departure due to an investigation, there were never any charges. Now at your new duty station and up for promotion, you find that during your intake screening you are not being detailed because you were “Titled.”
If you have been investigated for a crime such as theft, sexual assault, or another issue, you may have been titled. “Titling” is the indexing of a subject in national criminal databases like the Defense Central Index of Criminal Investigations (DCII) or the Army Crimes Record Center. Even if you were not charged with a crime or were later exonerated, you might have been titled because the standard is only “credible information.” This means that an investigating officer has wide discretion and can list your name in these databases simply on the basis of an investigation. In contrast, a criminal conviction requires proof beyond a reasonable doubt, a much higher standard than that required for titling.
How Do You Know If You Have Been Titled?
If a law enforcement agency—such as OSI, Army CID, or NCIS—places your name in the “title block” of their investigative report, you have been titled. Although titling may appear administrative or even benign, it can have significant adverse consequences for both your military and civilian career. For example, this information might surface during background checks, potentially resulting in the denial of job opportunities or visas.
Why Does It Matter If You Have Been Titled?
Your name remains in the database unless you can demonstrate that there was no credible evidence to justify the titling decision. Consequently, the decision to title someone may have long-lasting effects. Some examples include:
- Security Clearances: Ongoing issues with clearance applications.
- Employment Opportunities: Future job or visa applications may be affected.
- Duration of Records: Nearly thirty agencies have access to databases like the DCII, and records are maintained for up to 40 years, meaning the “shadow of suspicion” could follow you for your entire career.
Options for Removing a Title
While challenging a titling decision is an uphill battle, all hope is not lost. Attorneys at the Law Offices of David P. Sheldon can help you obtain the information regarding your record and work to clear your name. The 2021 National Defense Authorization Act (NDAA) opened a pathway for service members to challenge a titling. Under the 2021 NDAA, a service member can request a correction, expungement, or removal of personally identifying information from a law enforcement or criminal investigative report, an index item or entry, or any other record maintained in connection with such a report.
The 2021 NDAA states that the following factors must be considered when challenging a title:
- Evidence: The extent or lack of corroborating evidence against the individual concerning the offense.
- Disciplinary Action: Whether any adverse administrative, disciplinary, judicial, or other actions were initiated.
- Outcome: The type, nature, and outcome of any actions taken.
Even though the military describes the decision to title as purely administrative, its long-term effects are very real. Our firm is committed to ensuring that your record accurately reflects the truth, so you don’t have to carry the burden of undue suspicion.
About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon is dedicated to protecting the rights of service members and civilians alike. With years of experience in administrative law and criminal investigations, our team works tirelessly to assist those affected by erroneous titling and other related issues. Our mission is to help you clear your record, restore your reputation, and secure the future you deserve. We pride ourselves on a commitment to integrity, professionalism, and personalized legal advocacy.
