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To Request a Correction in Your TBI/FBI Report

TBI Procedures to Request a Correction

Request Correction to TBI report.

FBI Procedures to Request Correction

 

28 CFR 16.30 through 16 . 34

§ 16.30 Purpose and Scope

This subpart contains the regulations of the Federal Bureau of lnvestigation (FBI) concerning  procedures  to be followed  when the subject of an identification  record requests production  of that record to review it or to obtain a change, correction, or updating of that record.

§ 16.31- Definition of identification record

An FBI identification  record, often referred to as a "rap sheet," is a listing of certain information  taken from fingerprint submissions retained by the FBI in connection  with arrests and, in some instances,  includes information  taken from fingerprints submitted  in connection  with federal employment, naturalization,  or military service. The identification record includes the name of the agency or institution that submitted  the fingerprints  to the FBI. If the fingerprints concern  a criminal offense,  the identification  record includes the date of arrest or the date the individual  was received by the agency submitting  the fingerprints, the arrest charge, and the disposition  ofthe arrest if known to the FBI. All arrest data included in an identification  record are obtained from fingerprint  submissions, disposition  reports, and other reports submitted  by agencies  having criminal  justice responsibilities. Therefore, the FBI Criminal  Justice Information Services Division is not the source of the arrest data reflected on an identification  record.

 

§ 16.32- Procedure  to obtain an identification record

The subject of an identification  record may obtain a copy thereof  by submitting  a written request via the U.S. mails directly to the FBI, Criminal Justice Information  Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg,  WV 26306. Such request must be accompanied  by satisfactory  proof of identity, which shall consist of name, date and place of birth and a set of rolled-inked  fingerprint  impressions  placed upon fingerprint cards or forms commonly  utilized for applicant or law enforcement  purposes by law enforcement  agencies.

§ 16.33- Fee for production  of identification record

Each written request for production of an identification  record must be accompanied  by a fee of $18 in the form of a certified check or money order, payable to the Treasury  of the United States. This fee is established  pursuant to the provisions of  31 U .S.C . 970 I and is based upon the clerical time beyond the first quarter  hour to be spent in searching for, identifying,  and reproducing  each identification  record requested as specified  in§ 1 6.10. Any request for waiver of the fee shall accompany  the original  request for the identification  record and shall include a claim and proof of indigency. Subject to applicable  laws, regulations,  and directions  of the Attorney General of the United States, the Director of the FBI may from time to time determine and establish  a revised fee amount to be assessed  under this authority.  Notice relating to revised fee amounts shall be published  in the Federal Regist e r.

§ 16.34 -Procedure to obtain change, correction or updating of identification records

If, after reviewing  hi s/her identification  record, the subject thereof believes that it is incorrect or incomplete  in any respect and wishes changes, corrections  or updating of the alleged  deficiency,  he/she should  make application  directly to the agency which contributed  the questioned  information.  The subject of a record may also direct his/her challenge  as to the accuracy or completeness of any entry on his/ her record to the FBI, Criminal Justice Information  Services  (CJIS) Division,  ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg,  WV 26306. The FBI will then forward the challenge  to the agency which submitted  the data requesting that agency to verify or correct the challenged  entry. Upon the receipt of an official  communication directly  from the agency  which contributed  the original information,  the FBI CJIS Division will make any changes necessary  in accordance  with the information  supplied  by that agency.