Current military members from whom samples were obtained who were not convicted of any offense by general or special courts-martial may request in writing through their chain of command to have their DNA records expunged. Commands will forward expungement requests to the nearest Naval Criminal Investigative Service (NCIS) office. A Special Agent assigned to the NCIS receiving office will validate that there are no convictions prohibiting expungement by reviewing criminal history reports and Official Military Personnel Files (OMPF). Subsequent to verification that military members do not have a criminal history that would preclude expungement, Special Agents will prepare memoranda, addressed to the Combined DNA Index System (CODIS) Manager USACIL, documenting results of the criminal history reviews. These memoranda will be on NCIS letterhead bearing the title and telephone number of the Special Agent forwarding the request, as well as the service member's full name, SSN, and mailing address. Memoranda will be signed by the SAC, ASAC or SSA. Requests will be forwarded to the attention of the CODIS Manager at USACIL via e-mail, fax, or mail and a copy will be provided to the requesting command. All action taken in support of an expungement must be documented via an ROI with all supporting documents attached as exhibits. Any past conviction that meets the requirements of DoD Instruction 5505.14 (generally offenses which are not military-specific, such as orders violation or unauthorized absence) will preclude the expungement of the DNA records.
Former service members and civilians whose samples are obtained and forwarded for entry into CODIS, but who were not convicted of any offense, cannot request to have their DNA record expunged through NCIS.
All former Navy members requesting expungement will file their requests through:
Office of the Judge Advocate General of the Navy
Attn: Criminal Law Division
1254 Charles Morris Street, S.E.
Washington Navy Yard, DC 20374-5124
All former USMC members requesting expungement will file their requests through:
Commandant, United States Marine Corps
3000 Marine Corps Pentagon
Washington, DC 20350-3000
Civilians seeking expungement will file their requests through the Federal Bureau of Investigation, Laboratory Division at http://www.fbi.gov/about-us/lab.