Your Rights and Privacy for FBI Background Checks

FBI Privacy Act Notice and Applicant Rights

The FBI’s acquisition, retention, and sharing of information submitted through forms is authorized under 28 USC 534 and 28 CFR 16.30-16.34. The purpose of collecting this information is to provide the FBI with sufficient data to conduct an identity history identification record search accurately. Providing this information, including your Social Security Account Number (SSN), is voluntary. However, if the information you provide is incorrect or incomplete, it may delay or prevent the processing of your request.

The information you submit may be disclosed based on your consent and may also be disclosed by the FBI under the Privacy Act of 1974 and its routine uses. This means that your data can be shared without your explicit consent, but only in ways authorized by law. You have the right to request a copy of your own Identity History Summary to review, correct, or update the record. If you are not a U.S. citizen or a permanent resident, you must submit your request directly to the FBI.

Applicant Rights:

If you are undergoing a national fingerprint-based criminal history record check for a noncriminal justice purpose (such as applying for employment, a license, immigration, naturalization, security clearance, or adoption), you have specific rights under the Privacy Act of 1974 (5 U.S.C. 552a), Title 28 CFR 50.12, and other applicable authorities:

1. You must be provided with a written FBI Privacy Act Statement (dated 2013 or later) when submitting your fingerprints and associated personal information. This statement must explain the legal authority for collecting your information and specify whether your data will be searched, shared, or retained. You can find more information about this on the official FBI Privacy Act Statement.
2. You must be informed in writing of the procedures for obtaining a change, correction, or update of your FBI criminal history record, as outlined in 28 CFR 16.34. Visit the FBI’s Identity History Summary Checks page here for more details on obtaining changes to your FBI criminal record.
3. You have the right to challenge the accuracy or completeness of your FBI criminal history record. If there is incorrect information in your record, you must be given a reasonable opportunity to correct or complete it before officials make decisions regarding your employment, license, or other benefits based on the FBI record.
4. If agency policy permits, the officials may provide you with a copy of your FBI criminal history record for review and possible correction. If not, you can obtain a copy of the record by submitting your fingerprints and a fee to the FBI. More information on this process is available at the FBI’s EDO CJIS Portal, which can be accessed here.
5. If you choose to challenge your FBI criminal history record, you should send your challenge to the agency that contributed the questioned information. Alternatively, you may submit your challenge directly to the FBI. Upon receiving your challenge, the FBI will forward it to the agency that provided the data, requesting verification or correction. Once the FBI receives an official response from the agency, they will make the necessary changes to your record based on the verified information.
6. Officials who receive your FBI criminal history record must only use it for authorized purposes. They must not retain or share the information in violation of federal statutes, regulations, or executive orders, or any rules, procedures, or standards established by the National Crime Prevention and Privacy Compact Council. For further information, visit the Compact Council’s Privacy Act Statement.

For more details about the process, you can visit the FBI’s official resources at Identity History Summary Checks.