Arrested in Military

[wrtrblk]

How can I get a copy of an arrest record and if that person spent any time in the brig for a crime committed while serving in the Army?

The person committed an act of the sexual nature against a minor. He spent two years in jail and was dishonorably discharged from the military. I need this record for my own child custody and divorce hearings.

[bigcountrysg]

Unless the person was arrested and tried in civil court. You won't be able to. Military Service Records are sealed.

A Military Record is not the same a public record.

[wrtrblk]

That stinks. How about if it's for court, to prove to the court about the history of the family?

[bigcountrysg]

The prosecutor can and most likely will request the copy of his military recorded. But it is up the Department of Defense to grant the release of the military record.

The only way I see this happening is if he is being charged severely with a felony.

Military Records are sealed, they are not public record.

[KeyWestDan]

This sounds like the conviction was in the past and the current thing is civil like child custody or divorce.

If he was arrested and convicted in a civilian court, that information is available under a FOI request or someone going to the clerk of court and looking it up.

If he was arrested and tried by the military, that is a federal conviction. No federal conviction can be the subject of a FOI request. You can't get anybody's NCIC record. You can't even get your own without submitted full set of fingerprints.

NCIC or the federal criminal database can only be used for legitimate law enforcement purposes, and it couldn't be released to you. That would be a federal crime.

You could have your attorney issue a subpeona to the military for the records. Maybe some clerk who doesn't know the law will provide them but I doubt it.