Original Article Does the FBI Have Your Fingerprints? Find out for 18 bucks. By Daniel Engber Posted Friday, April 22, 2005, at 3:38 PM PT Look familiar? Anna Ayala, the woman who found a finger in a bowl of Wendy's chili last month, was arrested on Thursday and charged with grand larceny and attempted grand larceny. Police have not been able to determine the origin of the finger, even after searching for matches in "the F.B.I.'s database of about 50 million prints." Who's in the FBI database? Criminals, suspected criminals, government employees, military personnel, and a few others. The repository has three components: A criminal file, a civil file, and a military file. The criminal file is the biggest and comprises the 50 or so million entries that get searched when police are trying to identify a print left at a crime scene. The civil file, not surprisingly, includes government employees, and the military file covers the armed forces. Local and federal law enforcement officers typically submit fingerprints to the FBI's criminal file for every person they arrest on a serious charge, whether or not there is an eventual conviction. (The print from the chili finger is not in the database; as a result of her arrest on Thursday, Ayala's own fingerprints are.) The fingerprints of all FBI employees and some other sensitive government employees are also kept in the criminal filethe government wants to know ASAP if these people commit crimesas are the prints of missing persons, amnesiacs who don't remember their names, and unidentified dead bodies. The FBI says it adds seven or eight thousand entries to the criminal file every day. Continue Article If a suspected criminal is found to be not guilty, his or her prints are supposed to be removed from the system, but that doesn't always happen. You can also petition to have your prints removed if you received an official pardon for your crime or if the laws governing the severity of your crime have changed since your arrest. Dead people are removed from the database when their data is submitted to the FBI by a coroner's office. It used to be that anyone over the age of 65 who hadn't been arrested or imprisoned in 10 years was assumed to be dead or not an active criminal and removed from the file. In more recent years the age limit has been increased. Law enforcement officials use the criminal file for the identification of crime-scene prints, as well as for criminal background checks. But there are also a number of federal and state laws that permit civilians to consult the database with the help of a state agency in special circumstances. The National Child Protection Act, for example, allows anyone who works with children to be fingerprinted and checked against the criminal file. Licensed stock brokers, bankers, and gambling-casino employees can all be checked by their employers as well. In recent years, the number of these background checks has increased dramatically; today civil searches account for almost half of all submissions to the bureau. How do you know if you're in the FBI database? According to Department of Justice rules, you have the right to submit your own fingerprints for a background check on yourself. (This allows you to contest anything that might be on your rap sheet.) Just write out a formal request and send it to the FBI, along with a full set of fingerprints and a money order for $18 (see http://www.fbi.gov/hq/cjisd/fprequest.htm ). Next question? Explainer thanks Ken Moses of Forensic Identification Services and Peter Higgins of the Higgins-Hermansen Group. http://www.fbi.gov/hq/cjisd/fprequest.htm Introduction An FBI Identification Record, often referred to as a Criminal History Record or Rap Sheet, is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service. If the fingerprints are related to an arrest, the Identification Record includes name of the agency that submitted the fingerprints to the FBI, the date of arrest, the arrest charge, and the disposition of the arrest, if known to the FBI. All arrest data included in an Identification Record is obtained from fingerprint submissions, disposition reports and other reports submitted by agencies having criminal justice responsibilities. The United States Department of Justice Order 556-73 establishes rules and regulations for the subject of an FBI Identification Record to obtain a copy of his or her own Record for review. The FBIs Criminal Justice Information Services (CJIS) Division processes these requests. Reasons for Request An individual may request a copy of his or her own FBI Identification Record for personal review or to challenge information on the Record. Other reasons an individual may request a copy of his or her own Identification Record may include international adoption or to satisfy a requirement to live or work in a foreign country (i.e., police certificate, letter of good conduct, criminal history background, etc.) Can I request my own record for an employment background check? If you are requesting a background check for employment or licensing within the United States, you may be required by state statute or federal law to submit your request through your state identification bureau, requesting federal agency or other authorized channeling agency. You should contact the agency requiring the background check or the appropriate state identification bureau (or state police) for the correct procedures to follow for obtaining an FBI fingerprint background check for employment or licensing purposes. For more information, click here. Who May Request a Copy of Record (or Proof that a Record Does Not Exist) Only the subject of the identification record can request a copy of his own FBI Identification Record. How to Request a Copy of Record 1. Prepare a signed written request for copy of your record. If for a couple, family, etc., all persons must sign written request Include your complete mailing address If you have a deadline (e.g., an immigration deadline), please include the deadline in your written request and on the outside of the envelope. 2. Obtain proof of identity, which consists of a set of your fingerprints (original card, no copies), with your name, date of birth and place of birth. Fingerprints should be placed on a standard fingerprint form (FD-258) commonly used for applicant or law enforcement purposes. Include rolled impressions of all ten fingerprints and impressions of all ten fingerprints taken simultaneously (these are sometimes referred to as plain or flat impressions.) If possible have your fingerprints taken by a fingerprinting technician (this service may be available at a Law Enforcement Agency.) Previously processed fingerprint cards will not be accepted. 3. Include $18 - U.S. dollars in the form of a money order or certified check made payable to the Treasury of the United States. Be sure to sign where required. No personal checks or cash Must be exact amount If for a couple, family, etc., include $18 for each person 4. Mail the items #1, #2, #3 (listed above) to the following address: FBI CJIS Division Record Request 1000 Custer Hollow Road Clarksburg, West Virginia 26306 Please Note: If any of the above items are missing or incomplete, the request will be returned. Allow approximately 6-8 weeks for processing, upon receipt to the FBI. What You Will Receive 1. No Record Response Consists of the original fingerprint card stamped with the stamp No Record. Or 2. FBI Identification Record How to Challenge Your Record Since the FBI's CJIS Division is not the source of the data appearing on Identification Records, and obtains all data thereon from fingerprint submissions or related identification forms submitted to the FBI by local, state and federal agencies, the responsibility for authentication and correction of such data rests upon the contributing agencies. Therefore, the rules set forth for changing, correcting or updating such data requires that the subject of an Identification Record make application to the original contributing agency (e.g., police department, county court, etc.). An individual may challenge the information contained in the FBI Identification Record by contacting the original agency that submitted the information to the FBI or the state central repository in the state in which the arrest occurred. These agencies will be able to furnish the guidelines for correction of the Record. The FBI is not authorized to modify the Record without written notification from the appropriate criminal justice agency http://www.fbi.gov/hq/cjisd/Order%20556-73.html ORDER 556-73 Title 28 CFR Part 16 Production or Disclosure of material or information Subpart-C Production of FBI Identification Records in Response to Written Requests by Subjects Thereof By order dated September 24, 1973, the Attorney General of the United States directed that the Federal Bureau of Investigation, hereinafter referred to as the FBI, publish rules for the dissemination of arrest and conviction records to the subjects of such records upon request. This order resulted from a determination that 28 U.S.C. 534 does not prohibit the subjects of arrest and convictions records from having access to those records. In accordance with the Attorney Generals order, the FBI will release to the subjects of identification records copies of such records upon submission of a written request, satisfactory proof of identity of the person whose identification record is requested and a processing fee. Since the FBI Criminal Justice Information Services (CJIS) Division is not the source of the data appearing on the identification records, and obtains all data thereon from fingerprint cards or related identification forms submitted to the FBI by local, state and federal agencies, the responsibility for authentication and correction of such data rests upon the contributing agencies. Therefore, the rules set forth for changing, correcting or updating such data require that the subject of an identification record make application to the original contributing agency in order to correct a deficiency. The Relevant provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rule making, opportunity for public participation and delay in effective date are inapplicable because the material contained herein relates to the interpretation of 28 U.S.C. 534 as allowing the granting of an exemption to subjects of identification records and relief of prior administrative restrictions on dissemination of such records to them. Furthermore, it is deemed in the public interest that there be no delay in effective date of availability of identification records to the subjects thereof. By Virtue of the order of the Attorney General, dated September 24, 1973, and pursuant to the authority delegated to the Director, FBI, by 28 CFR 0.85(b), 28 CFR Part 16 is amended as follows: 16.30 Purpose and Scope This subpart contains the regulations of the Federal Bureau of Investigation (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 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 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 of the 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 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. 9701 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 16.10. Any request for waiver of the fee shall accompany the original request for the identification record and shall include a claim and proof of indigence. 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 Register. 16.34 Procedure to obtain change, correction or updating of identification records. If, after reviewing his/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 an 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. Published in the Federal Register on 11/28/73; amended on 10/27/78, 10/27/81, 8/8/83, 5/6/86, 5/17/91, 1/3/95, and 9/28/99. http://www.fbi.gov/hq/cjisd/iafis/efts70/section3.htm