Your FBI Identity History Summary—commonly known as a "rap sheet"—is a critical document that can affect your employment, professional licensing, immigration status, or even housing opportunities. Unfortunately, these reports are not infallible. Studies have shown that a significant number of FBI background checks contain incomplete or incorrect information, with an estimated 600,000 Americans negatively impacted each year. Common errors include missing final case dispositions, records that should have been expunged, and instances of mistaken identity.
If you find an error on your FBI report, you have the right to challenge and correct it under the Privacy Act of 1974. However, it's crucial to understand that the FBI does not have the authority to unilaterally change your record. It primarily serves as a repository for data submitted by state and local agencies. This guide will walk you through the formal process to dispute incorrect information, from obtaining your report to ensuring the correction is finalized.
Critical Rule: The FBI cannot directly change your record based on your word alone. The correction process typically requires you to work with the agency that originally submitted the data—such as a local court or police department—to have them update their records and notify the FBI. The FBI's formal challenge process is the mechanism to initiate this review.
Common Errors Found on FBI Background Reports
Before you begin the dispute process, it's helpful to identify the type of error on your report. This will determine the best course of action. Common issues include:
- Missing or Incorrect Dispositions: An arrest is listed, but the final outcome (e.g., charges dismissed, acquitted, or reduced) is missing or incorrect. This is one of the most frequent problems.
- Expunged or Sealed Records: A record that you had expunged or sealed by a state court still appears on your federal report. A state-level expungement order does not automatically remove the record from federal databases.
- Mistaken Identity: An arrest or conviction belonging to someone else is incorrectly associated with you due to similar names, birthdates, or fingerprint data errors.
- Duplicate Entries: The same incident appears multiple times on your report, often because multiple agencies reported overlapping data.
- Outdated or Incomplete Information: Records that are years old and should have been updated remain on your report as pending or active.
Two Paths to Correct Your FBI Record
When you believe your FBI Identity History Summary contains inaccurate or incomplete information, you have two primary options for requesting a change or correction.
| Option | Process | Best For |
|---|---|---|
| 1. Contact the Originating Agency | Identify the court or law enforcement agency that submitted the information and ask them to send updated or corrected data to the FBI. | This is often the most direct and effective method, especially for state-level errors. |
| 2. Submit a Formal Challenge to the FBI | Send a written request to the FBI’s CJIS Division, clearly identifying the inaccurate information and including any supporting documentation. | Use this if you are unsure which agency submitted the data, or if the originating agency is unresponsive. The FBI will then contact the appropriate agencies on your behalf. |
Step-by-Step Guide to Disputing Your FBI Report
Follow this structured workflow to challenge an incorrect FBI background report. The process can take time, so patience and meticulous documentation are key.
- Obtain Your Official FBI Identity History Summary. Before you can dispute anything, you need to see the exact report that is causing the issue. You can request your record directly from the FBI for a fee of $18. The fastest way is to submit your request and fingerprints electronically through an FBI-approved channeler or at a participating U.S. Post Office. You can also mail a completed fingerprint card (FD-258) to the FBI.
- Identify the Error and the Originating Agency. Carefully review your report and pinpoint the specific inaccuracies. Make a note of the arresting agency and the court that handled the case, as you will likely need to contact them.
- Contact the Originating Agency (Option 1). Contact the court or law enforcement agency that submitted the information. For state-level records, you may need to contact your state's central repository, often called the State Identification Bureau. Request that they update your record and send the corrected information to the FBI.
- Gather Your Supporting Documentation. Collect official documents that prove the error. This may include:
- Certified court orders showing a dismissal, acquittal, or expungement.
- A letter from the court or prosecutor's office confirming the final disposition of your case.
- Proof of identity, such as a driver's license or state ID.
- Submit a Formal Written Challenge to the FBI (Option 2). If you choose this route, or if the originating agency is unhelpful, you can send a written challenge directly to the FBI. Your letter should:
- Clearly state that you are challenging inaccurate or incomplete information in your Identity History Summary.
- Specifically identify what information you believe is wrong.
- Clearly explain why the information is wrong.
- Include copies (not originals) of all supporting documentation.
FBI CJIS Division
Attention: Criminal History Analysis Team 1
1000 Custer Hollow Road
Clarksburg, WV 26306 - Await the FBI's Response. The FBI will investigate your challenge by contacting the agency that originally provided the data. The average response time for a challenge is within 45 days of receipt. The FBI will notify you of the outcome. If the record is corrected, the FBI will update its systems and notify you.
Required Document Checklist for Your Challenge
Whether you are contacting the originating agency or submitting a formal challenge to the FBI, having the right documents is essential. Use this checklist to ensure your packet is complete.
| Document | Purpose | Source |
|---|---|---|
| Copy of Your FBI Identity History Summary | To clearly identify the specific error you are disputing. | Self-obtained from the FBI. |
| Certified Court Documents | To prove the correct outcome of a case (e.g., dismissal order, expungement order, judgment of acquittal). | The court that handled your case. |
| Letter from Prosecutor or Court | To clarify or confirm the final disposition of a case, especially if the court record is unclear. | The office of the prosecutor or the court clerk. |
| Proof of Identity | To verify that you are the subject of the record. | Government-issued ID, such as a driver's license or passport. |
| Written Challenge Letter | To formally outline your dispute and request a correction. | Self-drafted, sent to the FBI CJIS Division. |
Avoid These Common Mistakes When Disputing Your Record
Navigating the dispute process can be challenging. Avoiding these common pitfalls can save you significant time and frustration.
- Assuming Expungement or Sealing is Automatic. A state court order to expunge or seal your record does not automatically remove it from the FBI's database. You must actively initiate the correction process.
- Contacting the FBI First for State-Level Errors. For errors originating from state or local agencies, the FBI will likely direct you to the source agency first. Save time by starting with the originating court or police department.
- Submitting a Challenge Without Supporting Documentation. The FBI cannot act on your word alone. A challenge without proper court orders or official documents will be ineffective or significantly delayed.
- Not Following Up. The process can take weeks or months. If you don't hear back within the expected timeframe, follow up with both the originating agency and the FBI.
- Mailing Incorrect Payment. When requesting your FBI report, the fee is $18. Do not send personal checks, business checks, or cash, as they will be destroyed. The FBI requires a certified check or money order.
Frequently Asked Questions
Q: How long does it take to dispute an FBI background report?
A: The average response time for a formal challenge submitted directly to the FBI is within 45 days of receipt. However, the total time can be longer, especially if the FBI needs to contact multiple originating agencies to verify the information. Correcting the record at the source agency can also add time.
Q: Can I dispute an FBI background check online?
A: Yes, you can initiate the process to challenge your Identity History Summary online through the FBI's Electronic Departmental Order (eDO) system. The website is https://www.edo.cjis.gov. This is often the fastest way to submit your request and supporting documents.
Q: What if the error is due to a state record that hasn't been updated?
A: You must contact the state agency that holds the original record—often the State Identification Bureau. Request that they correct their records and send the updated information to the FBI. The FBI cannot change state records.
Q: Does the FBI charge a fee to correct my record?
A: The FBI does not charge a separate fee to process a challenge or correction request. However, you will need to pay the $18 fee to obtain a copy of your Identity History Summary in the first place. There may also be costs associated with obtaining certified court documents.
Q: What should I do if I am denied a job or license due to an incorrect FBI report?
A: You have the right to challenge the accuracy of the information. You should immediately initiate the dispute process with the FBI and/or the originating agency. You may also want to inform the employer or licensing board that you are challenging the report and provide them with any documentation you have that supports your case.
Q: Will a corrected FBI record update automatically for employers who previously ran a check?
A: No. The FBI does not automatically notify past employers or agencies that conducted a background check. If an employer or licensing board uses an updated report, they will need to run a new background check to see the corrected information. You will need to provide them with the updated record.
Q: What if the FBI denies my challenge?
A: If the FBI is unable to correct your record based on the information provided, you may need to escalate the matter. This could involve providing additional evidence, working more closely with the originating agency, or seeking legal advice. In some cases, you may need to file a lawsuit to compel the correction.