Neosho, MO asked in Insurance Bad Faith, Criminal Law and Military Law for Missouri

Q: Bad Background check.

I was arrested for sexual assault while in the army (December 2014) and was proven innocent to the charges but it still comes up that I was arrested for it in a background check and I cant purchase a firearm because of it and I feel like I've lost a few Pharmacy technician opportunities what should I do?

1 Lawyer Answer
Patrick Korody
Patrick Korody
Answered
  • Criminal Law Lawyer
  • JACKSONVILLE, FL

A: The problem is that CID entered your arrest/subject in the investigation (called "titling") in DCII and NCIC, databases that track arrests. Your DNA was also put in CODIS. Getting your DNA taken out of CODIS is pretty easy. Getting your arrest out of DCII and NCIC is going to be difficult, but you can apply and all they can say is "no."

You may want to have an attorney make the application for you - generally, well-organized, concise arguments for removal have the best success rates. Though, as mentioned, the overall success rate is extremely low for removal of information from DCII and NCIC.

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