Titling Defense and Removal
Titling Defense and Removal Attorneys for Service Members in All Military Branches
Contact NickFor men and women serving in the U.S. military, titling is a big deal. Titling can occur as soon as you become the subject of a military criminal investigation, and you can remain titled regardless of the investigation’s outcome. As a result, even if the allegations against you recorded in the federal law enforcement database are entirely unfounded, they can still have significant consequences for your military career.
At Oberheiden P.C., we represent service members in all branches of the U.S. military in titling defense and removal. We serve as defense counsel for federal criminal investigations as well. If you are facing an investigation, we can use our military law experience to help protect you. If you have already been titled, we can use our experience to help you seek removal.
Understanding What it Means to Be Titled in the U.S. Military
If you have been “titled” as a member of the U.S. Armed Forces, this means that you have been named as the subject of a criminal investigation conducted by the Criminal Investigation Division (CID), Naval Criminal Investigative Service (NCIS), Office of Special Investigations (OSI), or another law enforcement arm of the military. Titling happens during the investigative process—before you are formally charged with a crime.
This means that the “burden of proof” for titling is low. Unlike a criminal conviction—which requires proof beyond a reasonable doubt—titling process only requires “credible evidence” to suggest that you may have committed (or may have been involved in) a crime.
As a result, many service members, including military police, face titling that is unwarranted. Simply being accused of a crime should not subject you to penalties. However, as noted above, titling can have serious consequences regardless of whether you are ever convicted, or even charged. These consequences can include:
- Military Consequences – Being titled can significantly limit your chances of rising through the military ranks. Even if the investigation is resolved without charges being filed, commanding officers and other superiors may be hesitant to recommend or promote someone who has been titled over someone who has not.
- Non–Military Consequences – If your titling record is indexed, it will also be accessible by federal agencies, federal defense contractors, and civilian law enforcement agencies. This means that it could come up during a background check, which could impair your ability to obtain security clearance or secure a job.
With these consequences in mind, if you have been titled, it is critical that you fight to protect yourself by all means available. This includes both defending yourself during the military’s investigation and filing for titling correction to the Army Crime Records Center (CRC), expungement, or removal of personally identifying information.
Defending Yourself During a Military Criminal Investigation
While challenging your titling decision is important, this is not the only step you need to take if you are the subject of a military criminal investigation. You need to defend yourself in the investigation as well. Along with titling, criminal investigations can lead to a variety of other serious consequences—in fact, if you are charged and convicted, titling could be among the least of your concerns. For service members, convictions can lead to financial penalties, confinement, reductions in rank, and a bad-conduct or dishonorable discharge.
We defend service members who are facing all types of serious criminal charges. Regardless of the veracity of the allegations against you, you need to take your criminal investigative report very seriously, and this starts with engaging experienced legal representation. Our team has the experience you need, and we can get to work on your defense immediately.
Seeking Correction, Expungement, or Removal of Titling
If you have been titled, seeking correction, expungement, or removal of your titling could be essential for both your military and post-military careers. While it isn’t always possible to secure removal, service members can successfully challenge their titling on various grounds. Some examples include:
- There is insufficient evidence to prove that you were involved in criminal activity
- You did not face prosecution or disciplinary action as a result of the investigation
- The outcome of your prosecution or the severity of your disciplinary action does not warrant permanent titling
- You were affirmatively cleared of any criminal responsibility during the investigation
- Your titling was the result of an investigative or administrative error
When you contact Oberheiden P.C. about titling removal, our senior attorneys will thoroughly examine the facts of your case to determine what grounds we can assert on your behalf. We will provide legal support then guide you through the process of challenging your titling decision with the appropriate military office or authority while representing you every step of the way.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Why to Choose Oberheiden P.C. for Titling Defense and Removal
Due to the importance of defending yourself after you have been titled, your choice of legal representation is important as well. Here’s why you should choose the titling defense and removal attorneys at Oberheiden P.C.:
1. Our National Security Experience
Many titling cases involve matters of national security. We maintain a broad national security practice that is led by founding attorney Nick Oberheiden, PhD and former federal prosecutors, federal officials, and high-ranking federal agents who have inside experience in high-stakes national security matters.
2. Our Team of Former Federal Officials, Attorneys, and Agents
Our team includes several former federal officials, attorneys, and agents. This includes former U.S. Secretary of State Mike Pompeo; multiple former U.S. Attorneys and Assistant U.S. Attorneys; and former Special Agents with the U.S. Department of Defense Office of Inspector General (DOD-OIG), U.S. Secret Service, Federal Bureau of Investigation (FBI), and other federal law enforcement agencies.
3. Our Client-First Approach
Our senior attorneys and investigators work directly with each one of our clients to protect them by all means available. We prioritize our clients’ best interests in everything we do, and this client-first approach consistently leads to favorable results. While we can’t make any guarantees about success, what we can guarantee is that we will leverage our experience to protect you to the fullest extent possible.
FAQs: What You Need to Know if You Have Been Titled in the U.S. Military
What Does it Mean to Be Titled as a Member of the Military?
If you have been “titled” as a member of the U.S. military, this means that you are (or were) the subject of a military criminal investigation. As a result, while it is important to address your titling decision, it is just important—and potentially more so—to deal directly with the allegations against you. At Oberheiden P.C., we handle titling matters and criminal investigations, so we can fully assist you with your situation.
What is the Difference Between Titling and Indexing?
While titling and indexing are closely related, they are two separate steps in the military criminal justice process. Titling comes first, and you can be titled as soon as you are identified as the subject of a military criminal investigation. Once you have been titled, then you can be “indexed.” If your titling record is indexed in the Defense Central Index of Investigations (DCII), it will show up on background checks, which means it can have serious consequences outside of your military service.
How Can I Protect Myself During a Military Criminal Investigation?
The first step toward protecting yourself during a military criminal investigation is to engage an experienced defense attorney as soon as possible. This is not a situation that you want to try to handle on your own—the risks are simply too great. When you contact Oberheiden P.C., we will arrange for you to discuss your investigation with one of our senior attorneys in strict confidence as soon as possible.
What is the Process to Seek Removal of Titling?
Seeking removal of titling is a multi-step process. The first step is to understand why you have been titled. This will involve engaging with investigators or obtaining a copy of the law enforcement report (if the investigation has been completed). Then, you will need to determine what evidence is available to challenge your titling decision.
Once you have gathered as much information as possible, the next step is to prepare and file your petition for removal. From this point forward, you will need to follow the appropriate military procedures for seeking to have your record cleared.
Do I Need an Attorney to File for Removal of Titling?
While you are not required to hire an attorney to file your petition for removal, you will want an experienced attorney on your side. At this point, you have a lot at stake, and you need to ensure that you are doing everything possible to protect your military and civilian future.
Speak with a Titling Defense and Removal Attorney at Oberheiden P.C. for Free
If you would like to speak with a titling defense and removal attorney at Oberheiden P.C., we invite you to contact us—and we encourage you to right away. To discuss your situation with one of our senior attorneys in strict confidence as soon as possible, call us at 888-680-1745 or tell us how we can reach you online now.
