At the end of the investigation, turns out there was no probable cause. I was never charged. I was Mugshotted, fingerprinted and read my rights at the beginning - how will this affect my future?
Is this considered an arrest? Will it go into the NCIC database NCIC?
Whether there was "probable cause" is a decision made by CID, with the advice from a JAG. Whether you are charged is irrelevant to whether there was probable cause to believe you committed the offense for which you were investigated, or a lesser crime.
If CID decides there was probable cause, then you'll be "titled," and it will go into the NCIC database and you'll have a criminal record for 40 years. It is similar to an arrest. Mr. Cassara correctly points out there is a process to reverse the titling decision. However, getting "untitled" is difficult to do, and you should get an attorney experienced in doing that.
If CID determined no probable cause, then you won't be "titled," which means the incident will not be entered into the NCIC database. CID will still have a record of the incident, because there will be a report, but it won't go into the NCIC database, and you won't have a criminal record for 40 years.
This post is for information purposes only and does not constitute legal advice. This post also does not create an attorney-client relationship. If you think my answer is the best answer and/or helpful to you, please indicate.
Mr. Wooldridge is correct. You will get the best answer in that forum. From my experience, if it was all on base, then it stays on base, but I may be incorrect. It will go into "file" with the Army and there may be some way to seal that. Best of Luck!
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When CID conducts an investigation, there is no "arrest". Rather, CID "titles" people who are investigated if there is probable cause to believe an offense was committed. The titling decisions is separate and apart from any adverse action being taken. If there was no probable cause, then you were likely not titled with any offense. If there was probable cause to title you with an offense, your information will be entered into Army databases.
You can make a Freedom of Information Act request for any record about your from the Army Crime Records Center at http://www.cid.army.mil/crc.html. If you were titled, your information may be accessible to thrird parties through the Army's databases. You can contact an attorney to assist you with trying to remove that information from their database.
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