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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.