Military DNA Expungements

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CA Veterans & Military: Unsure about DNA in Military Databases? We can help with Expungement. Get a Free Consultation Today!

Remove Your DNA Profile / Protect Your Privacy

The military relies heavily on DNA analysis to solve crimes and ensure the safety of its personnel. However, service members and veterans also have a right to privacy concerning their genetic information. This comprehensive guide explores the process of DNA expungement within the military justice system, empowering you to understand your rights and navigate the procedures effectively.

Understanding DNA Collection and Storage

During a military investigation, law enforcement agents may collect your DNA sample for analysis. This sample is then submitted to the Combined DNA Index System (CODIS), a national database managed by the FBI’s Forensic Science Division. CODIS serves as a vital tool for law enforcement, allowing for the comparison of DNA profiles to unsolved crimes across various jurisdictions.

The United States Army Criminal Investigation Laboratory (USACIL) maintains the CODIS system for the Department of Defense (DoD). Your DNA profile within CODIS can be accessed by authorized federal agencies for future criminal investigations.

Why Expunge Your DNA Records?

Expunging your DNA records from CODIS offers several benefits:

Enhanced Privacy:
Removal of your DNA profile from the database safeguards your genetic information and protects it from unauthorized access.
Peace of Mind:
Knowing your DNA is no longer part of a vast criminal database can provide a sense of security and control over your personal information.
Potential Future Opportunities:
In some cases, having your DNA on record might hinder employment prospects or even limit immigration options. Expungement eliminates this potential barrier.

Eligibility for DNA Expungement

The Department of Defense Instruction (DoDI) 5505.14 outlines the eligibility criteria for requesting DNA expungement from CODIS. Here’s a breakdown of who can qualify:

No Conviction:
Service members and veterans who were never convicted of any offense by either a general or special court-martial are eligible for expungement.
Favorable Court Outcomes:
Individuals whose charges were dismissed or resulted in an acquittal can also request expungement. A certified copy of the final court order documenting this outcome is required.
Non-Judicial Punishment (NJP) or Administrative Actions: If your case concluded with an NJP or an administrative hearing instead of a court-martial, you may be eligible for expungement.

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The Expungement Process: A Step-by-Step Guide

The process for DNA expungement within the military can vary slightly across service branches. However, here’s a general roadmap to follow:

Gather Documentation:
Collect all relevant documents supporting your eligibility for expungement. This may include copies of court orders, NJP paperwork, or any documentation proving a lack of conviction.
Contact Your Service Branch:
Each military branch has designated points of contact for processing expungement requests. Locate the appropriate office or representative within your branch and inquire about the specific procedures and required forms.
Submit Your Request:
Complete the necessary paperwork for your service branch and submit it along with supporting documentation to the designated office.
Review and Approval:
Your request will be reviewed by the appropriate authorities within your service branch. The timeframe for this review can vary, so be prepared for some waiting time.
Notification of Outcome:
Once a decision is reached, you will receive official notification regarding the approval or denial of your expungement request.

Additional Considerations

While the process may seem straightforward, there are some key points to keep in mind:

Strict Eligibility Requirements: Meeting the specific eligibility criteria outlined in DoDI 5505.14 is crucial for a successful expungement request.
Time Limitations: Some service branches may have time limitations for submitting expungement requests. It’s advisable to initiate the process as soon as possible after determining your eligibility.
Seeking Legal Counsel: Considering the complexities of military law and the importance of your DNA privacy, consulting with a qualified military law attorney is highly recommended.

At Military Law Center, we understand the weight of your DNA information. That’s why we build strong, transparent client relationships for successful expungement. We keep you informed every step of the way, empowering you to participate actively in reclaiming your privacy. Our fierce advocacy ensures your voice is heard, and we fight relentlessly to get your DNA profile removed from military databases.

Military Law Center: Your Trusted Guide in DNA Expungement

Military Law Center understands the significance of protecting your privacy and ensuring fair treatment within the military justice system. Our team of experienced attorneys possesses a deep understanding of DoDI 5505.14 and the expungement process for each military branch. We can assist you in the following ways:

Evaluate Your Eligibility:
We will thoroughly review your case and determine your eligibility for DNA expungement based on DoDI 5505.14 guidelines.
Navigate the Process:
We will guide you through every step of the expungement process, ensuring all required forms are completed accurately and submitted to the appropriate authorities within your service branch.
Gather Supporting Documentation:
Our team will assist you in gathering and organizing relevant documentation to support your expungement request, maximizing your chances of a successful outcome.
Advocate for Your Rights:
Throughout the process, we will act as your advocate, ensuring your voice is heard and your rights are protected.
Appeal Denied Requests:
If your initial expungement request is denied, we can explore options for appealing the decision and working towards a positive outcome.
Maintain Client Confidentiality:
We prioritize client confidentiality and treat your sensitive information with the utmost discretion.

The Military Law Center Attorneys Gary S. Barthel and Kevin Courtney

Beyond the Basics: Understanding Potential Challenges

While DoDI 5505.14 provides a framework for expungement, there can be unforeseen challenges:

Limited Scope: DoDI 5505.14 primarily focuses on expungement from CODIS, the national database. However, your DNA profile may also be stored within local military investigative databases. Our legal team can advise you on additional steps to address these local databases.
Incomplete Records: Sometimes, military records may be incomplete or inaccurate. If you encounter challenges due to missing or erroneous information, our attorneys can assist you in rectifying your records to ensure a smooth expungement process.
Changes to Regulations: Military regulations and policies are subject to change. Our legal team stays current on the latest developments regarding DNA expungement to ensure your case is handled according to the most up-to-date guidelines.

Taking Action: Protecting Your Privacy

If you believe you are eligible for DNA expungement and wish to safeguard your genetic privacy, don’t hesitate to take action. Military Law Center is here to assist you throughout this process.

Contact Us Today for a Free Consultation

Call us at (760) 536-9038 or contact us to schedule a free consultation with one of our experienced military law attorneys. We are dedicated to protecting your rights and ensuring your privacy is respected within the military justice system.