Many people are "titled" and they've never been charged with a crime. Let's talk the hidden trap of being investigated in the military: Titling. It's a process that can follow you for decades.
Hey, I'm Cody Harnish, UCMJ attorney. Today, we are discussing the crazy injustice of the titling system.
What Does Being Titled Mean?
Titling happens when there's just enough evidence to suspect you may have committed a crime. It's an investigative tool, not a guilty verdict. Being titled doesn't mean you've been charged with anything. What it does mean is that you came under a military criminal investigation, and your name was entered into a report, a DoD database that will stick around for 40 years. You read that right: 40 years! Simply because you were investigated by CID, NCIS, OSI, etc.
The Process Explained
How does this happen? Let me explain. Imagine a junior investigator (they often are) in the military gets a lead, talks to a prosecutor, and suspects you of committing a crime. Boom! You're titled. Done. That's the whole process—kind of messed up.
Legal Framework
Why is this allowed to happen? Well, according to DoD instruction 5505.07, the moment that there is “credible information” of wrongdoing, you can be put on the list. This can impact your security clearance, job prospects, and much more. For example, if you want to buy a gun or apply for a federal job, it's going to follow you.
Important note: this should not prevent you from buying a gun or getting a job, but civilians get confused when a background check comes back with the information of "Assault" or "Sexual Assault," and there is no additional information. For example, the background results do not have any additional information, such as that it was just an investigation, that it was never charged, or that it was a not-guilty finding. This requires some awkward additional explaining from you. Sometimes, civilians treat it like an official charge, even though they should not.
New Hope: The NDAA
The good news is that in 2021, the National Defense Authorization Act now allows you to appeal this titling decision. There is now a process to challenge it and potentially clear your name. Unfortunately, it's really hard. You have to show that there was no credible information in the first place, or mistaken identity and not mistaken identity like, "Oh, I didn't do it. It was this guy over here who did it." No, mistaken identity like a clerical error; e.g., Your name is Joe Smith, with the last four being 1234, and the person who was supposed to be put in the report was Joe Smith, with the last four being 4321.
There is hope, though. You can apply to get this fixed. It's going to be a long process. If you're dealing with or worried about this, give Harnish Law a phone call or schedule a free consultation to discuss the possible ways forward. Don't let a simple investigation define your life. In the meantime, I will continue what I've been doing: defending America's defenders.