Agency Privacy Requirements for Noncriminal Justice Applicants

  • Officials must provide to the applicant written notice [1] that his/her fingerprints will be used to check the criminal history records of the FBI.
  • Officials using the FBI criminal history record (if one exists) to make a determination of the applicant’s suitability for the job, license, or other benefit must provide the applicant the opportunity to complete or challenge the accuracy of the information in the record.
  • Officials must advise the applicant that procedures for obtaining a change, correction, or updating of an FBI criminal history record are set forth at Title 28, Code of Federal Regulations (CFR), Section 16.34.
  • Officials should not deny the job, license, or other benefit based on information in the criminal history record until the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so.
  • Officials must use the criminal history record solely for the purpose requested and cannot disseminate the record outside the receiving department, related agency, or other authorized entity. [2]

[1] Written notification includes electronic notification, but excludes oral notification.
[2] See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616, Article IV(c); 28 CFR 20.21(c), 20.33(d), 50.12(b) and 906.2(d).