FBI Records (FOIA)

What the FBI keeps

The FBI keeps two kinds of records that matter to immigrants. The first is the criminal history tied to your fingerprints (the Identity History Summary, often called a “rap sheet”): the arrests that police agencies reported to the FBI with your fingerprints and, when reported, how each case ended. The second is investigative files and other documents the FBI may have about you.

FOIA or Identity History Summary?

Identity History Summary. This is what’s usually needed before an immigration case. It shows what the government will see when it checks your fingerprints. You request it through the FBI’s electronic system (Electronic Departmental Order) or by mail, and it always requires your fingerprints: some participating post offices take them electronically, and mailed requests use a fingerprint card that local police can take. The fee is $18; if you can’t pay, you can ask the FBI for a fee waiver before you submit. The FBI processes requests in the order received, and electronic requests are usually faster.

FOIA or Privacy Act request. This is for other FBI files about you. You request it through the FBI’s eFOIPA portal or by mail with a Certification of Identity (Form DOJ-361), notarized or signed under penalty of perjury. The FBI notes that its “eFOIA” request form can’t be used to ask for records about yourself. Requesting your own records usually costs nothing, and you can check the status online.

Why request it before a new case

An arrest can appear even if you were never charged, the case was dismissed or it happened in another state. Sometimes the record doesn’t say how the case ended. Knowing ahead of time gives you time to get the court documents that explain it and to answer the arrest questions on your application accurately.