DEPARTMENT OF JUSTICE
PAGE 4 of 4
REQUEST FOR LIVE SCAN SERVICE
STATE OF CALIFORNIA
Noncriminal Justice Applicant's Privacy Rights
As an applicant who is the subject of a national fingerprint-based criminal history record check for
a noncriminal justice purpose (such as an application for employment or a license, an immigration
or naturalization matter, security clearance, or adoption), you have certain rights which are
• You must be provided written notification1 that your fingerprints will be used to check the
criminal history records of the FBI.
• You must be provided, and acknowledge receipt of, an adequate Privacy Act Statement
when you submit your fingerprints and associated personal information. This Privacy Act
Statement should explain the authority for collecting your information and how your
information will be used, retained, and shared. 2
• If you have a criminal history record, the officials making a determination of your
suitability for the employment, license, or other benefit must provide you the opportunity
to complete or challenge the accuracy of the information in the record.
• The officials must advise you that the procedures for obtaining a change, correction, or
update of your criminal history record are set forth at Title 28, Code of Federal
Regulations (CFR), Section 16.34.
• If you have a criminal history record, you should be afforded a reasonable amount of time
to correct or complete the record (or decline to do so) before the officials deny you the
employment, license, or other benefit based on information in the criminal history record. 3
You have the right to expect that officials receiving the results of the criminal history record check
will use it only for authorized purposes and will not retain or disseminate it in violation of federal
statute, regulation or executive order, or rule, procedure or standard established by the National
Crime Prevention and Privacy Compact Council. 4
If agency policy permits, the officials may provide you with a copy of your FBI criminal history
record for review and possible challenge. If agency policy does not permit it to provide you a copy
of the record, you may obtain a copy of the record by submitting fingerprints and a fee to the FBI.
Information regarding this process may be obtained at https://www.fbi.gov/services/cjis/identity-
If you decide to challenge the accuracy or completeness of your FBI criminal history record, you
should send your challenge to the agency that contributed the questioned information to the FBI.
Alternatively, you may send your challenge directly to the FBI. The FBI will then forward your
challenge to the agency that contributed the questioned information and request the agency to
verify or correct the challenged entry. Upon receipt of an official communication from that agency,
the FBI will make any necessary changes/corrections to your record in accordance with the
information supplied by that agency. (See 28 CFR 16.30 through 16.34.)
You can find additional
information on the FBI website at https://www.fbi.gov/about-us/cjis/background-checks.
Written notification includes electronic notification, but excludes oral notification
See 28 CFR 50.12(b)
See 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)