28 CFR Part 16 Sub C

28 CFR Part 16 (up to date as of 6/14/2023)
Production or Disclosure of Material or Information

28 CFR Appendix-to-Subpart-B-of-Part-16 1.

Appendix to Subpart B of Part 16—Redelegation of Authority to the Deputy Assistant Attorney
General for Litigation, Antitrust Division, To Authorize Production or Disclosure of Material or
Information
1.

By virtue of the authority vested in me by 28 CFR 16.23(b)(1) the authority delegated to me by that section
to authorize the production of material and disclosure of information described in 28 CFR 16.21(a) is
hereby redelegated to the Deputy Assistant Attorney General for Litigation, Antitrust Division.

2.

This directive shall become effective on the date of its publication in the FEDERAL REGISTER.

[Order No. 960–81, 46 FR 52356, Oct. 27, 1981]

Subpart C—Production of FBI Identification Records in Response to Written Requests by
Subjects Thereof
Source: Order No. 556–73, 38 FR 32806, Nov. 28, 1973, unless otherwise noted.

§ 16.30 Purpose and scope.
This subpart contains the regulations of the Federal Bureau of Investigation (FBI) concerning procedures to be
followed when the subject of an identification record requests production of that record to review it or to obtain a
change, correction, or updating of that record.
[Order No. 2258–99, 64 FR 52226, Sept. 28, 1999]

§ 16.31 Definition of identification record.
An FBI identification record, often referred to as a “rap sheet,” is a listing of certain information taken from
fingerprint submissions retained by the FBI in connection with arrests and, in some instances, includes information
taken from fingerprints submitted in connection with federal employment, naturalization, or military service. The
identification record includes the name of the agency or institution that submitted the fingerprints to the FBI. If the
fingerprints concern a criminal offense, the identification record includes the date of arrest or the date the individual
was received by the agency submitting the fingerprints, the arrest charge, and the disposition of the arrest if known
to the FBI. All arrest data included in an identification record are obtained from fingerprint submissions, disposition
reports, and other reports submitted by agencies having criminal justice responsibilities. Therefore, the FBI Criminal
Justice Information Services Division is not the source of the arrest data reflected on an identification record.
[Order No. 2258–99, 64 FR 52226, Sept. 28, 1999]

§ 16.32 Procedure to obtain an identification record.
The subject of an identification record may obtain a copy thereof by submitting a written request via the U.S. mails
directly to the FBI, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D–2, 1000 Custer Hollow
Road, Clarksburg, WV 26306. Such request must be accompanied by satisfactory proof of identity, which shall
consist of name, date and place of birth and a set of rolled-inked fingerprint impressions placed upon fingerprint
cards or forms commonly utilized for applicant or law enforcement purposes by law enforcement agencies.
[Order No. 1134–86, 51 FR 16677, May 6, 1986, as amended by Order No. 2258–99, 64 FR 52226, Sept. 28, 1999]
28 CFR 16.32 (enhanced display)

page 27 of 168

28 CFR Part 16 (up to date as of 6/14/2023)
Production or Disclosure of Material or Information

28 CFR 16.33

§ 16.33 Fee for production of identification record.
Each written request for production of an identification record must be accompanied by a fee of $18 in the form of a
certified check or money order, payable to the Treasury of the United States. This fee is established pursuant to the
provisions of 31 U.S.C. 9701 and is based upon the clerical time beyond the first quarter hour to be spent in
searching for, identifying, and reproducing each identification record requested as specified in § 16.10. Any request
for waiver of the fee shall accompany the original request for the identification record and shall include a claim and
proof of indigency. Subject to applicable laws, regulations, and directions of the Attorney General of the United
States, the Director of the FBI may from time to time determine and establish a revised fee amount to be assessed
under this authority. Notice relating to revised fee amounts shall be published in the FEDERAL REGISTER.
[Order No. 1943–94, 60 FR 38, Jan. 3, 1995, as amended by Order No. 2258–99, 64 FR 52226, Sept. 28, 1999]

§ 16.34 Procedure to obtain change, correction or updating of identification records.
If, after reviewing his/her identification record, the subject thereof believes that it is incorrect or incomplete in any
respect and wishes changes, corrections or updating of the alleged deficiency, he/she should make application
directly to the agency which contributed the questioned information. The subject of a record may also direct his/her
challenge as to the accuracy or completeness of any entry on his/her record to the FBI, Criminal Justice Information
Services (CJIS) Division, ATTN: SCU, Mod. D–2, 1000 Custer Hollow Road, Clarksburg, WV 26306. The FBI will then
forward the challenge to the agency which submitted the data requesting that agency to verify or correct the
challenged entry. Upon the receipt of an official communication directly from the agency which contributed the
original information, the FBI CJIS Division will make any changes necessary in accordance with the information
supplied by that agency.
[Order No. 1134–86, 51 FR 16677, May 6, 1986, as amended by Order No. 2258–99, 64 FR 52226, Sept. 28, 1999]

Subpart D—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974
Source: Order No. 2156–98, 63 FR 29600, June 1, 1998, unless otherwise noted.

§ 16.40 General provisions.
(a) Purpose and scope. This subpart contains the rules that the Department of Justice follows under the
Privacy Act of 1974, 5 U.S.C. 552a. These rules should be read together with the Privacy Act, which
provides additional information about records maintained on individuals. The rules in this subpart apply to
all records in systems of records maintained by the Department that are retrieved by an individual's name
or personal identifier. They describe the procedures by which individuals may request access to records
about themselves, request amendment or correction of those records, and request an accounting of
disclosures of those by the Department. In addition, the Department processes all Privacy Act requests
for access to records under the Freedom of Information Act (FOIA), 5 U.S.C. 552, following the rules
contained in subpart A of this part, which gives requests the benefit of both statutes.
(b) Definitions. As used in this subpart:
(1) Component means each separate bureau, office, board, division, commission, service, or
administration of the Department of Justice.
(2) Request for access to a record means a request made under Privacy Act subsection (d)(1).
28 CFR 16.40(b)(2) (enhanced display)

page 28 of 168