What is the name of your state (only U.S. law)? Ohio
Badapple40, how would a person appeal an NCIC record? And where can I look to find the CFR that specifically pertains to the NCIC? I have a SPCM conviction that is on the NCIC. To my knowledge, the NCIC is supposed to only have record of felonies & major misdemeanors. Being that my SPCM was only 6 months max, it should be considered a minor misdemeanor and should not be on record with NCIC. I want to persuade the FBI to remove my record from the NCIC but I am unsure how to do it. I know that it is a long shot, if not impossible. But I feel that it is worth a try! Any help I could get would be very much appreciated! Thank you, CeLaw
You mentioned this in a thread: https://forum.freeadvice.com/milita...-showing-up-ncic-background-check-422777.html
Federal sentencing guidelines say:
TITLE 18 > PART II > CHAPTER 227 > SUBCHAPTER A > § 3559
(a) Classification.— An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— (7) six months or less but more than thirty days, as a Class B misdemeanor;
http://www.law.cornell.edu/uscode/718/usc_sec_18_00003559----000-.html
NCIC guidelines say:
Categories of individuals covered by the system:
2. Individuals who have committed or have been identified with an
offense which is classified as a felony or serious misdemeanor under the existing penal statutes of the jurisdiction originating the entry and for whom a felony or misdemeanor warrant has been issued with respect to the offense which was the basis of the entry.
http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm
The FBI says:
An individual may challenge the information contained in the FBI
Identification Record by contacting the original agency that submitted the information to the FBI or the state central repository in the state in which the arrest occurred. These agencies will be able to furnish the guidelines for correction of the Record. The FBI is not authorized to modify the Record without written notification from the appropriate criminal justice agency.
http://www.fbi.gov/hq/cjisd/fprequest.htm
Department of Defense Instruction number 5505.11 states:
6.2.1.1. The FD-249 shall be submitted when a command initiates military judicial
proceedings, or when command action is taken in nonjudicial proceedings against a military subject investigated for the commission of an offense listed in Enclosure 3.
http://www.dtic.mil/whs/directives/corres/pdf/550511p.pdf
PS> I can not get the url link to work properly!
Badapple40, how would a person appeal an NCIC record? And where can I look to find the CFR that specifically pertains to the NCIC? I have a SPCM conviction that is on the NCIC. To my knowledge, the NCIC is supposed to only have record of felonies & major misdemeanors. Being that my SPCM was only 6 months max, it should be considered a minor misdemeanor and should not be on record with NCIC. I want to persuade the FBI to remove my record from the NCIC but I am unsure how to do it. I know that it is a long shot, if not impossible. But I feel that it is worth a try! Any help I could get would be very much appreciated! Thank you, CeLaw
You mentioned this in a thread: https://forum.freeadvice.com/milita...-showing-up-ncic-background-check-422777.html
Federal sentencing guidelines say:
TITLE 18 > PART II > CHAPTER 227 > SUBCHAPTER A > § 3559
(a) Classification.— An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— (7) six months or less but more than thirty days, as a Class B misdemeanor;
http://www.law.cornell.edu/uscode/718/usc_sec_18_00003559----000-.html
NCIC guidelines say:
Categories of individuals covered by the system:
2. Individuals who have committed or have been identified with an
offense which is classified as a felony or serious misdemeanor under the existing penal statutes of the jurisdiction originating the entry and for whom a felony or misdemeanor warrant has been issued with respect to the offense which was the basis of the entry.
http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm
The FBI says:
An individual may challenge the information contained in the FBI
Identification Record by contacting the original agency that submitted the information to the FBI or the state central repository in the state in which the arrest occurred. These agencies will be able to furnish the guidelines for correction of the Record. The FBI is not authorized to modify the Record without written notification from the appropriate criminal justice agency.
http://www.fbi.gov/hq/cjisd/fprequest.htm
Department of Defense Instruction number 5505.11 states:
6.2.1.1. The FD-249 shall be submitted when a command initiates military judicial
proceedings, or when command action is taken in nonjudicial proceedings against a military subject investigated for the commission of an offense listed in Enclosure 3.
http://www.dtic.mil/whs/directives/corres/pdf/550511p.pdf
PS> I can not get the url link to work properly!
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