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welder1983 · May 10, 2011, 03:08 PM

I have 6 charges listed on my civilian criminal record that I was charged with by NCIS while in the US Navy. I received Non Judicial Punishment (NJP) for 2 of the charges. They had no evidence for the other charges so they could not send me to court martial. All of the charges show up on NCIC and the 2 that I was found guilty with at NJP are listed as Guilty on my civilian criminal record. As I stated before, NJP is non judicial, not a guilty sentence or criminal conviction on the civilian side. I was unaware of the records for over 2 years after I was discharged from the navy. I was pulled over and was asked if I was a registered sex offender. I had a friend at the police dept run my record and then I discovered the problem. I tried contacting the navy, and since I'm no longer on active duty, they won't help. Ive contacted attorneys all across the country and most say they don't know what to do. A few have told me I have to apply the board of corrections of naval records, which is very expensive to do. I disagree with this answer anyway because I have found appeals for others that state that the navy has nothing to do with civilian records. I have tried many times to contact NCIS. After 2 years of calling the supervisory agent finally called me back and said he would have the original agent look into the case and get back with me, that was almost 2 years ago now. I am physically and mentally at a loss on what to do now. I would like to get my record to reflect that the case was handled at NJP and is not an open case. If anyone has a clue what to do, I would appreciate your help, thanks.

Fr_Chuck · May 10, 2011, 07:11 PM

First your criminal record is in a NCIC report done by the government and it is not, ( as you are aware) a civilian record, it is a criminal record of any and all of your convictions that are reported to it. So if the military reported your convictions, they will be listed.

You will need to hire an attorney who does military law, the list will be limited to ones who do it, but check with the local bar association.

But convictions ( or plea agreements ) from Military court can show up on the NCIC records

welder1983 · May 11, 2011, 08:11 AM

My NJP is not a criminal conviction of any type nor should it be listed as guilty with NCIC. I can't find any military law atty's that know what to do. Ive literally contacted around a hundred across the country.

excon · May 11, 2011, 08:20 AM

Hello welder:

I wonder if the lack of funds instead of a lawyer not knowing what to do, is the reason why you can't find an attorney... Look. I'm NOT a lawyer, and I know what to do... It's simple, really... You find out WHICH agency (probably the Navy) reported your conviction to the feds, and file a lawsuit against them.

Is that going to be expensive?? I think so.

excon

welder1983 · May 11, 2011, 09:14 AM

NCIS put the charges on, and they don't give a d*mn about helping me. Money isn't an issue if I could find someone with enough brains to accomplish this. Like I said, there aren't many cases of this happening. I'm not going to pay an atty 7-11 thousand dollars to start the paperwork to appeal to the board of correction of naval records when that isn't going to solve my issue. Ive got better things to spend that kind of money on. This is why it hasn't been fixed yet, 4 years of trying to find someone who knows what to do. As far as suing the navy, for no monetary reason, is pointless to say the least.

welder1983 · May 11, 2011, 09:17 AM

I'm not trying to sound rude to you guys either, I'm just sick of trying to figure this out. It gets me pretty aggravated sometimes. I know you guys are just trying to help and I appreciate that.

excon · May 11, 2011, 09:18 AM

Originally Posted by welder1983

As far as suing the navy, for no monetary reason, is pointless to say the least.

Hello again, welder:

You asked for legal advice... I gave it to you. You think what I suggested you do is pointless. You're mistaken.. But, you've been mistaken during this whole episode, and it doesn't look like you're going to change..

Have a nice day.

excon

welder1983 · May 11, 2011, 09:32 AM

Well excon you obviously do not deal with the government very often. It is almost impossible to get any information answers of comments from anyone. You didn't give me legal advice, you gave me an answer that wouldn't work. I think that any atty with any military law experience should be able to fix the problem without suing and wasting my hard earned money.

excon · May 11, 2011, 09:44 AM

Originally Posted by welder1983

I think that any atty with any military law experience should be able to fix the problem without suing and wasting my hard earned money.

Hello again, welder:

That is your legal opinion. I don't share it. In my experience, if a bureaucrat isn't threatened with losing his job, or costing his agency a bunch of money, they'll DO what they've BEEN doing to you since the get go - which is IGNORING you. Somehow, you think a lawyer should be more successful at it than you have. You're mistaken.

I just wonder why you even ask. Have a nice day.

excon

Fr_Chuck · May 11, 2011, 09:54 AM

The Military Law Practice Group

Military Attorney - Aggressive Military Lawyer Stephen Karns

Are just two of 100's of attorneys who do military justice law
*** I am not advocating them, although the first one is very good.

And of course the issue is you have to do a court action against them, just writing an letter does nothing, ( really) think military again. It is not that clerks job to take something off without an order, and the agency thinks it should be there or they would not have done it.

So you will have to sue to get things done.

Example in the private section. My son had charges and a warrant out for him, someone else using his name got charged. Should be simple to get it taken off? NOPE, cost about 5000 dollars and had to sue the police department before it happened.

So yes you are going to have to get an attorney who will first try and write them and ask them to take it off. Then when they don't, you sue them for damages it has caused you.

I am guessing a 5000 dollar retainer to start and maybe up to 10,000 since the governmemt and military have their own attorneys who will not always just change things.

welder1983 · May 11, 2011, 09:56 AM

All right in your opinion, who do I sue and for what? Do I sue the navy? No, because they don't have anything to do with it. Do I sue NCIS? Maybe, but where? In Connecticut where the incident happened or the HQ in Washington DC where the charges were put in to NCIC? You act like any military law lawyer will do this, the fact is they won't because they don't know how to fix the problem. The answer I get from the lawyers is, we don't do that type of case, or we haven't heard of this and are not interested, or I get the response of you need to apply to the board of correction of naval records. Ive been trying to find one that is willing to try something for 4 years, but the way you see it, they all want to sue the govt and they are a dime a dozen. This is not the case, that is why I'm asking for information on *** I can and should do. If it was that easy to sue the govt or NCIS, it would have been taken care of 4 years ago when I found out about it.

welder1983 · May 11, 2011, 10:01 AM

Fr Chuck, thanks for your answer. I will contact those lawyers just like I have with the other 100 that couldn't help. I hope one of them can.

excon · May 11, 2011, 10:08 AM

Originally Posted by welder1983

Alright in your opinion, who do i sue and for what?

Hello again, welder.

You're really trying to convince me... But, I AIN'T buying any of it. Normally, when people ask for advice and it turns out all they really want is agreement, we send 'em on down the road...

But, I've got some time this morning, and you really need the help (although I KNOW you're going to argue with me again), I'll hang for a few.

I believe I already TOLD you that your lawyer will figure out WHICH agency reported the misinformation and he'll sue THEM. I suggested it might be the Navy, but I'm not your lawyer, and for the purposes of this discussion, it doesn't MATTER. Your lawyer will know.

So, the problem might be that you try to hire lawyers like you hired us. You tell them how to do their job. I suggest the problem is that you don't know how to shop for a lawyer. I can't imagine ANY of them refusing to take your case. And, I mean ANY. Lawyers LOVE cases... They LOVE to sue. They LOVE to get paid. Why you can't find one is beyond me.

excon

welder1983 · May 11, 2011, 10:16 AM

I give them a detailed explanation of what happened and what I need fixed. I get the same answers I said earlier, most I never even talk to on the phone. I email them the case and they just email me back with the explanations of why they can't or are not willing too. I am just as confused as you are as to why none will even try to help. I can't really explain it better than that.