Automatic expungement of certain titling and indexing records

(a) Automatic expungement A titling or indexing record pertaining to a covered person in a covered database shall be expunged automatically 10 years after the date on which such person separates from military service, unless— (1) a finding of guilt by court-martial was made in connection with the conduct to which the record pertains; or (2) the service member is reasonably expected to be prosecuted for such conduct by court-martial or in a civilian court within one year following the expiration of such 10-year period. (b) Revision to guidance The Secretary of Defense shall revise Department of Defense Instruction 5505.07 and any other related or successor guidance, as necessary, to implement the requirements of subsection (a). (c) Definitions In this section: (1) The term covered person means any individual subject to the jurisdiction of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), who is— (A) a current or former civilian employee of the Department of Defense; or (B) a current or former member of the Armed Forces. (2) The term covered database means the Department of Defense Central Index of Investigations (DCII) or any equivalent investigatory system under the control of the Department of Defense. (3) The term titled or titling means the placement of a person’s name in the subject or title block of a criminal investigative report or indexing system, including the DCII. (4) The term expungement means the complete and permanent removal of any identifying and investigative information pertaining to a covered person from all covered investigative databases, including any retained, archived, hidden, derivative, or shadow records. Expungement shall be total, irreversible, and render the record indistinguishable from one that never existed.