A Bureaucratic Trap with Real Consequences
Imagine serving your country honorably—never arrested, never convicted—yet finding out years later that the FBI lists you as a criminal. That’s the reality for thousands of veterans and service members caught in a shadowy military justice practice called “titling.”
Under this system, being named as a “subject” in a military investigation can place your name in federal criminal databases for up to 40 years, even if no crime was ever proven, no charges were filed, and no court ever found you guilty.
The fallout? Veterans lose jobs, clearances, housing—and, in many cases, their God-given Second Amendment rights!
How “Titling” Turns the Innocent Into Felons
The Defense Department’s rulebook, DoD Instruction 5505.07, requires investigators to “title” anyone for whom there is credible information that they might have committed an offense.
“Credible information” isn’t evidence—it can be little more than an allegation.
Once titled, your name is indexed into the Defense Central Index of Investigations (DCII) and shared with the FBI’s National Crime Information Center (NCIC). These systems flag you like an arrest record, and that flag can appear in background checks—including those used for firearm purchases.
Former Army prosecutor Frank Rosenblatt calls the threshold for titling “a very low standard, far below the standard required at trial.” It’s an administrative act, not a legal finding—but one that carries the weight of a conviction in civilian life.
Real People, Real Damage
Texas National Guard member Denise Rosales learned about “titling” the hard way. While deployed in Kuwait, she hosted a small party where someone allegedly brought alcohol—illegal under local law. The Army investigated but never charged her. Still, she was fingerprinted, titled, and effectively branded a criminal.
Years later, Rosales lost her National Guard job, was barred from chaperoning her kids’ school trips, and flagged during background checks.
“Who will take my word over the plain text of the FBI’s criminal history?” she asked in court filings.
In another case, former Green Beret James Morris discovered he’d been listed as a violent offender—accused of “murder” and “attempted aggravated sexual contact”—even though he was never charged or detained.
His supposed “arrest record” surfaced only when he tried to renew his concealed carry permit.
The Second Amendment Fallout
Because FBI and military databases share data, titling can block lawful gun ownership. Veterans with spotless legal records find themselves denied firearm purchases under the federal background check system.
“It’s the digital equivalent of a scarlet letter,” said attorney Doug O’Connell, a retired Special Forces colonel now representing Rosales. “They’ve created a system where you’re guilty until proven innocent—and that’s not how America is supposed to work” .
Once entered, a titling record can remain for decades, and expungement is “nearly impossible,” according to Army legal guidance. Even an acquittal in military court doesn’t erase it.
The result: service members who risked their lives for our Country protecting the Constitution are now treated like felons—barred from exercising the very rights they swore to defend.
Congressional Push for Reform
Some lawmakers are finally taking notice. Rep. Eli Crane (R-AZ), a former Navy SEAL, has introduced legislation requiring the deletion of titling records after 10 years if no charges are ever filed. “Far too often, the reputation of our brave service members is unfairly tarnished due to titling,” Crane said, calling it a “sensible approach to protecting livelihoods and liberty”.
Last month, I introduced an amendment to the House-passed NDAA to reform the broken titling process.
This is a sensible step toward protecting our troops from unjust reputational harm.https://t.co/nEN0sAew2T
— Rep. Eli Crane (@RepEliCrane) October 23, 2025
Under a 2021 National Defense Authorization Act provision, veterans can now request expungement—but only if they prove that “probable cause did not or does not exist.” That’s still a high bar, and few succeed.
A Fight for Freedom and Fairness
Critics call the practice a constitutional crisis hiding in military bureaucracy—a silent rights violation affecting an estimated 10,000 or more veterans.
As Rosales’s lawsuit continues, federal judges have expressed confusion about why the Army refuses to correct false records. “I don’t understand why they don’t just remove it,” one judge said during hearings.
For pro-gun Americans, the issue strikes at the heart of liberty. If the government can brand loyal soldiers as criminals without trial—and use that to strip away their right to bear arms—it sets a dangerous precedent.
As one veteran advocate put it: “Our troops shouldn’t have to fight their own government just to clear their names and keep their constitutional rights intact.”
In plain terms: The same system meant to track military wrongdoing is now wronging the very people it was built to protect. Until Congress or the courts force reform, many of America’s defenders remain on the wrong side of a database—and the wrong side of their own Constitution.
Rosales v. Army Class-Action-Complaint
Sources:
- The War Horse investigative report (Oct. 2025)
- DoD Instruction 5505.07 (Aug. 2023)
- Fort Leonard Wood Legal Assistance Office guidance
- Army Lawyer publication
- Rosales v. Army class-action complaint
