Posted: 11/19/2007 7:47:08 AM EDT
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Let us say that you want to challenge your record that the FBI has on you. The following makes a catch 22 situation if the State court has no record of you being involved in a problem. Maybe they mixed you up with some one else and made a false report to the FBI but how would you resolve this record challenge? 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. |
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Typically, the State authorities would require that you file a formal challenge of the records they had submitted to the FBI. This might take a while, and getting a lawyer to represent you who has experience in these matters would speed things up, but eventually they should get around to finding out WHY they reported your name to the FBI if they have no record of you being involved in anything. At that point, they will usually offer to send a retraction to the FBI to clear your name. (Assuming it really was a mistake to begin with.) If they will not do that, because there is no evidence of any involvement on your part, you can challenge them in State Court. This isn't easy or cheap, but you are almost (almost) guaranteed to eventually win and get your letter to the FBI. Worst case, if you can't afford the lawyer, and they refuse to clear your name, you can try various InJustice Groups and Media Outlet avenues, maybe even your State Congressmen to get some pressure applied to the LE folks who are holding things up. FluxPrism |