|
[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
TITLE 28--JUDICIAL ADMINISTRATION
CHAPTER I--DEPARTMENT OF JUSTICE
PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of
Contents
Subpart C--Production of FBI Identification Records in Response to Written
Requests by Subjects Thereof
Sec. 16.30 Purpose and scope.
Source: Order No. 556-73, 38 FR 32806, Nov. 28, 1973, unless otherwise
noted.
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.
Sec. 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 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.
[Order No. 2258-99, 64 FR 52226, Sept. 28, 1999]
Sec. 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.
Sec. 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 Sec.
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 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 Register.
[Order No. 1134-86, 51 FR 16677, May 6, 1986, as amended by Order No.
2258-99, 64 FR 52226, Sept. 28, 1999]
Sec. 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 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.
[Order No. 1134-86, 51 FR 16677, May 6, 1986, as amended by Order No.
2258-99, 64 FR 52226, Sept. 28, 1999]
|
