AGENCY PRIVACY REQUIREMENTS FOR NONCRIMINAL JUSTICE APPLICANTS
Authorized governmental and non-gove
rnmental agencies/officials that conduct a national
fingerprint-based criminal history record check on an applicant for a noncriminal justice purpose
(such as employment or a license, immigration or naturalization matter, security clearance, or
adoption) are obligated to ensure the applicant is provided certain notice and other information
and that the results of the check are handled in a manner that protects the applicant’s privacy.
These obligations are pursuant to the Privacy Act of 1974, Title 5, United States Code (U.S.C.)
Section 552a, and Title 28, Code of Federal Regulations (CFR), Section 50.12, among other
authorities.
• Officials must provide to the applicant written notifi
cation
1
that his/her fingerprints will be
used to check the criminal history records of the FBI.
• Officials must ensure that an applicant receives, a
nd acknowledges receipt of, an adequate
Privacy Act Statement when the applicant submits his/her fingerprints and associated
personal information.
2
• Officials using the FBI criminal history record (if one exists) to make a determination of the
applicant’s suitability for the employment, 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
upda
te of an FBI criminal history record are set forth at 28 CFR 16.34.
• Officials should not deny the em
ployment, 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 canno
t
disseminate the record outside the receiving department, related agency, or other
authorized entity.
3
The FBI has no objection to officials providing a copy of the applicant’s FBI criminal history
record to the applicant for review and possible challenge when the record was obtained based on
positive fingerprint identification. If agency policy permits, this courtesy will save the applicant the
time and additional FBI fee to obtain his/her record directly from the FBI by following the
procedures found at 28 CFR 16.30 through 16.34. It will also allow the officials to make a more
timely determination of the applicant’s suitability.
Each agency should establish and document the process/procedures it utilizes for how/when it gives
th
e applicant notice, what constitutes “a reasonable time” for the applicant to correct or complete
the record, and any applicant appeal process that is afforded the applicant. Such documentation
will assist State and/or FBI auditors during periodic compliance reviews on use of criminal history
records for noncriminal justice purposes.
1
Written notification includes electronic notification, but excludes oral notification.
2
See https://www.fbi.gov/services/cjis/compact-council/privacy-act-statement
3
See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 34 U.S.C. § 40316 (formerly cited as 42 U.S.C. § 14616), Article IV(c);
28 CFR 20.21(c), 20.33(d), 50.12(b) and 906.2(d).