Pursuant to DoD Instruction 5505.14, 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 determine whether expungement is authorized, and will forward authorized 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). Any past conviction that meets the requirements of DoD Instruction 5505.14 will preclude the expungement of the DNA records. 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 of the United States Army Criminal Investigation Laboratory (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, SSA or CJIS systems officer and will (1) clearly state that the Service member concerned is entitled to expungement and (2) include all documents submitted by the Service member along with any additional relevant documents in the possession of the commander or official receiving the request. Requests will be forwarded to the attention of the CODIS Manager at USACIL via e-mail, fax, or mail. A copy will be provided to the requesting command. All action taken in support of an expungement, including those requests not authorized for expungement, will be documented in the NCIS Report of Investigation (ROI) with all supporting documents attached as exhibits.
Former service members and civilians whose samples are obtained and forwarded for entry into CODIS, but who were not convicted of any offense, can request to have their DNA record expunged in accordance with DoD Instruction 5505.14.
All former Navy and USMC members requesting expungement will file their requests to:
Clerk of the Court
U.S. Navy-Marine Court of Criminal Appeals
1254 Charles Morris Street, S.E.
Washington Navy Yard, DC 20374-5124
Civilians seeking expungement of DNA records pursuant to Section 12592 of Title 34, U.S.C., the requestor or legal representative must submit a written request to:
ATTN: CODIS Branch
4930 N. 31st Street
Forest Park, GA 30297