Court-Martial Trial Practice BlogIf military law enforcement titled you during an investigation and took a DNA sample, your genetic profile may be sitting in the federal CODIS database right now — even if you were never convicted of anything. You have the right to remove to seek removal, and Cave & Freeburg can guide you through every step.
What Does “Titled” Mean — and Why Does It Matter?
When a Military Criminal Investigation Organization (MCIO) — such as CID, NCIS, or AFOSI — investigates you as a suspect, they “title” the case in your name. At the end of an interrogation or interview, investigators typically take your fingerprints, photographs, and a DNA sample. That record functions as a record of “arrest” and gets transmitted to the FBI for inclusion in the NCIC. The DNA sample is processed separately for entry into CODIS, where USACIL maintains military samples and records. Court-Martial
This means your DNA profile can be stored in a permanent federal database — searchable by law enforcement agencies nationwide — even if charges were never filed, dismissed, or resulted in an acquittal.
You May Qualify to Remove Your DNA from CODIS
Under DoDI 5505.14, military members who were never convicted at a general or special court-martial have the right to request the expungement of their DNA records. Critically, an Article 15 (non-judicial punishment), administrative separation, or referral to a summary court-martial does not count as a “conviction” — and service members who received those outcomes may request expungement of their DNA records.
That means if your case ended in any of the following ways, you likely qualify:
- Charges were dismissed or withdrawn
- The case was resolved through NJP (Article 15)
- You received an administrative separation
- You were referred only to a summary court-martial
- You were acquitted at trial
The Expungement Process Is Complex — and Easy to Get Wrong
Navigating the military DNA expungement process requires precise paperwork, the right chain of command approvals, and coordination with federal law enforcement agencies. Here’s how the process works under DoDI 5505.14:
Active duty service members must submit a written request through the first commanding officer in the grade of O-4 (major or lieutenant commander) or higher. That commanding officer, after consulting with a legal advisor, reviews and confirms the information and forwards the request through the relevant DoD law enforcement agency (DCIO, other DoD LEA, or CGIS). The DoD LEA validates that no disqualifying conviction exists and then sends the expungement request to USACIL. USACIL then expunges the DNA records, destroys the sample, and notifies the service member.
Veterans and retired service members submit their requests to the Clerk of Court of the appropriate Military Department’s Court of Criminal Appeals, along with proof that none of the offenses resulted in a conviction at a general or special court-martial.
Service members can obtain the necessary proof through a FOIA request through their service’s FOIA agency. Many subordinate commands have their own FOIA offices, so going as close to the source as possible can speed the process along.
One misstep — an incomplete request, missing documentation, or the wrong routing — and USACIL sends the entire package back to the submitter. The clock keeps running while your DNA stays in the database.
Why Cave & Freeburg
Philip D. Cave and Nathan Freeburg lead a veteran-owned firm that defends service members worldwide. Cave began his career as a Navy JAG officer and has practiced exclusively in military law ever since. They have more than 65 years of combined legal experience in military law. Cave & Freeburg can also help seek a federal pardon for military convictions and expungement of military records where the law permits. Philip Cave specifically addresses CODIS expungement and record appeals on his firm’s website, noting that the titling record stays in the system for 40 years unless removed. That is 40 years of your DNA sitting in a federal criminal database for a case that ended without a conviction.
Don’t Wait — Your DNA Profile Is Active Right Now
Every day your DNA profile remains in CODIS, law enforcement agencies can access it in connection with unrelated investigations. Expungement destroys the sample and permanently removes the profile.
Cave & Freeburg represent service members in for all the Services as well as the Public Health Service, at bases across the United States and overseas, including in Europe, Asia, and the Middle East. No matter where you are stationed or where you were titled, they can help.
Call Cave & Freeburg at 703-298-9562 or email mljucmj@court-martial.com to discuss your DNA expungement case today.