When your FBI background check (officially called an Identity History Summary or rap sheet) contains errors or outdated information, you have the right to challenge and correct it. This NSLF guide explains the formal process to challenge an FBI report, how it works, what kinds of errors can be corrected, and the limitations of this process (for example, why we cannot directly fix errors originating in state records). The FBI’s Identity History Summary Challenge is a nationwide procedure – no matter which state your record comes from, you can request corrections through the FBI. Below we outline everything you need to know about challenging an inaccurate FBI report.

What Is an FBI Identity History Summary (Background Check)?

An FBI Identity History Summary is the official term for your FBI criminal history record, commonly known as a “rap sheet.” It is a compilation of information based on fingerprint submissions from arrests and other interactions with law enforcement across the United States. In other words, it’s a nationwide background check that may list:

  • Arrest Information: The arresting agency, date of arrest, and arrest charges.

  • Dispositions: Outcomes of the case (e.g. charges dismissed, convictions, sentences) if reported.

  • Other Federal Data: It can include federal employment, naturalization, or military service records associated with your fingerprints.

This FBI report is often used for employment background checks, licensing, immigration, and other official purposes. It’s crucial that the information is accurate and up-to-date, because errors on an FBI report could unfairly hinder job opportunities, security clearances, firearm purchases, or other life opportunities. Unfortunately, studies have found that many FBI background checks contain incomplete or incorrect info – for example, roughly half of FBI arrest records fail to show the final disposition (whether the case was dismissed, etc.), and an estimated 600,000 Americans a year are negatively impacted by inaccurate or incomplete FBI reports.

The good news: If your FBI report is inaccurate, there is a formal Identity History Summary Challenge process (often simply called an FBI report challenge) that allows you to request corrections.

Common Errors on FBI Background Check Reports

FBI background checks aggregate data from many sources (local police, state repositories, federal agencies, courts). Because of this patchwork data collection, mistakes or omissions can occur. Common errors on FBI reports include:

  • Expunged or Sealed Records Still Showing: Arrests or cases that were expunged, sealed, or pardoned by a court should be removed from public record. If the FBI report hasn’t been updated, those records may still appear.

  • Duplicate Entries: The same incident might be listed more than once. This can happen if multiple agencies submitted fingerprint data for the same event, resulting in duplicate arrest entries.

  • Incorrect or Missing Dispositions: An arrest may show with no outcome (“no disposition”) even if the case was resolved, or it might list the wrong outcome. For example, charges that were dismissed could still appear as pending, or a conviction level might be wrong (felony vs. misdemeanor).

  • Wrong Dates or Charges: Clerical errors can lead to wrong arrest dates, incorrect charge descriptions, or other factual mistakes in the record.

  • Incomplete Identity Information: In rare cases, information from another individual’s record could be erroneously included (especially if there were identity mix-ups), or key identifiers might be incorrect. (Fingerprint-based identification makes outright identity mix-ups uncommon, but minor data errors can still occur.)

It’s important to review your FBI report carefully. Even a small error could raise red flags. For instance, a dismissed charge without an update might look like an unresolved case to an employer. Or an old conviction that was vacated might still appear if the update never reached the FBI. These kinds of mistakes are exactly what the FBI’s challenge process is designed to fix.

Understanding the FBI’s Record System (and Why Errors Happen)

To successfully correct your FBI record, it helps to know how the data gets there. The FBI does not independently investigate or update each case on your summary; it relies entirely on information submitted by other agencies. This means:

  • State & Local Agencies Feed the FBI: When you’re arrested, the booking police department or the state’s criminal records repository forwards your fingerprints and arrest info to the FBI. Courts and prosecutors are supposed to send disposition information (like whether you were convicted, acquitted, or the case was dismissed) to the state repository, which in turn should update the FBI. If a disposition isn’t reported, the FBI file stays incomplete.

  • The FBI Is a Passive Repository: Think of the FBI database as a mirror – it reflects what it’s given. If an agency reports incorrect data or fails to report updates, the FBI record will be wrong or outdated. For example, if a state does not inform the FBI that a case was expunged or sealed, the FBI will continue to list it until told otherwise.

  • State Identification Bureaus (SIBs): Most states have a central State Identification Bureau that manages criminal records statewide. These bureaus are typically the ones that interface with the FBI to add or correct data. Many states require that any changes to your criminal history (expungement, correction of a charge, etc.) be processed through the state bureau before the FBI will update its records.

Why do these details matter? Because when you challenge an FBI report, you may ultimately need to involve the original source of the data. The FBI itself generally will not change or remove information unless the agency that provided the data confirms it is wrong or should be updated. In other words, if there’s a state-level error (e.g. the state’s record still shows a conviction that was actually dismissed), the FBI cannot fix that error on its own. You (or the FBI, on your behalf) must get the state to correct its records, which then flows to the FBI.

Knowing this, NSLF approaches FBI report challenges by not only working with the FBI, but also guiding clients on any needed state-level corrections. We cannot directly change a state’s records for you, but we can help you navigate that process so that the FBI record will ultimately reflect the correct information.

Your Right to Challenge an Inaccurate FBI Report

Under federal regulations (28 C.F.R. § 16.34) and privacy laws, you have the right to challenge the accuracy or completeness of your FBI Identity History Summary. If an FBI background check is used for employment or licensing, you must be given an opportunity to review and challenge the record for accuracy. This is a formal process – essentially an appeal of your FBI record – and it’s often referred to as an “Identity History Summary Challenge.”

Key facts about the FBI challenge process:

  • It’s Available Nationwide: No matter what state or territory your arrest record comes from, the FBI challenge procedures are the same. You can initiate the process from anywhere – it is a federal/nationwide service.

  • Typical Processing Time: The FBI processes challenges in the order they are received. On average, it takes about 45 days for the FBI to investigate and respond to your Identity History Summary challenge. (This is an average; it could be faster or slower depending on volume and the responsiveness of other agencies.)

  • What Can Be Corrected: Any inaccurate or incomplete information on the FBI report can be addressed. This includes adding missing case outcomes, correcting personal data or dates, updating charges, and removing entries that should no longer appear (such as expunged or sealed cases). Essentially, the FBI will correct the record to match the official information provided by the relevant law enforcement agencies or courts.

  • Proof is Required: A challenge isn’t just a claim – you should be prepared to show evidence of the error. The FBI will not take your word for it; you need documentation (court orders, case dispositions, letters from agencies, etc.) to back up your request. We cover how to compile this in the steps below.

In summary, if your FBI report is inaccurate, you absolutely can – and should – challenge it. The process exists to ensure your record is complete and correct. Next, we’ll walk through how to challenge an FBI report step by step.

Step-by-Step: How to Challenge an FBI Background Check for Errors

Challenging your FBI Identity History Summary involves a few orderly steps. At NSLF, we handle the entire FBI report challenge process on your behalf—preparing the submission, gathering documentation, and communicating directly with the FBI to ensure every requirement is met and your record is corrected as efficiently as possible. Below is a comprehensive breakdown of the process:

1. Obtain Your FBI Background Check. If you haven’t already, the first step is to request a copy of your FBI Identity History Summary for personal review. You cannot file a challenge without reviewing your record (and the FBI will require positive identification, usually via fingerprints, to ensure the record is yours). To get your FBI report: you can submit fingerprints and an $18 fee either electronically through the FBI’s online portal or by mail. The fastest method is using the FBI’s Electronic Departmental Order (eDO) system online. Once you receive your report, review it carefully for any inaccuracies or missing information.

2. Identify the Errors and Gather Documentation. Make a list of each item on the FBI report that you believe is wrong or incomplete. Common issues to look for include the ones we listed earlier (expunged cases, incorrect dispositions or dates, duplicate entries, etc.). For each error, we will collect official documents to prove the correct information. This may include:

  • Court records (dockets, minute orders, final judgments) showing the outcome of a case.

  • Expungement or Sealing orders signed by a judge, if you need an arrest or conviction removed.

  • Prosecutor or police letters if available (for example, a letter confirming they reported incorrect data).

  • Any other proof (such as identity theft reports if someone else’s data is mixed in, or pardon certificates, etc.).

For instance, if your FBI report shows a charge as “open/pending” but you know it was dismissed, we would obtain a certified court disposition indicating the dismissal. If a charge is listed incorrectly (e.g., says “Burglary” but it was actually “Trespass”), we would get a copy of the charging documents or court abstracts that show the correct charge. If a case was expunged last year but still shows up, have your expungement order on hand. All these documents will serve as supporting evidence in your challenge. (Tip: It’s helpful to mark or highlight the relevant details on copies of these documents when you submit them.)

3. Decide Whether to Contact the Source Agency First (Optional). Before sending a challenge directly to the FBI, we have the option to try correcting the information at the source, especially for state or local records. In fact, the FBI itself notes that most states prefer or require corrections to come through their State Identification Bureau (the state’s central criminal record agency).

  • If time is critical (for example, an employer is waiting on the outcome), we might skip ahead to Step 4 and let the FBI handle the inter-agency communication. The FBI will forward your challenge to the relevant agency for verification anyway.

  • If you know exactly what’s wrong and where, we might contact the state repository or local police/court directly to have them correct their records and notify the FBI. For example, if your California DOJ record has the same error, working with California’s record update process could be effective – once California DOJ corrects it, they will send the fix to FBI. This can sometimes be faster if the agency is responsive, but it can also be cumbersome if you’re not sure who to talk to. Each state has a point of contact for record corrections (see the FBI’s State Identification Bureau listing for contact info.)

Either approach is acceptable. The bottom line is that the FBI will ultimately need confirmation from the original source agency to modify your record. If we have already obtained that confirmation (say, a corrected record or a letter from the state), we will include it in our submission. If not, the FBI will reach out to them after we submit your challenge.

4. Submit an Identity History Summary “Challenge” to the FBI. Now it’s time to formally challenge the FBI report. There are two ways to submit your challenge request:

  • Option 1: Electronically via the FBI eDO Portal. This is the recommended method for speed. Go to the FBI’s electronic Departmental Order portal at edo.cjis.gov and log in (or create an account). There will be a section for “Challenging Your Identity History Summary.” Follow the instructions to initiate a challenge. You will likely need to provide identifying info (to pull up your record) and a written explanation of each error you are disputing. The portal allows you to upload supporting documents – be sure to attach the proof you gathered for each issue. Once submitted, you should receive a confirmation of your challenge request.

  • Option 2: By Mail with a Written Request. If you prefer mail or cannot use the online system, you can send a written challenge request directly to the FBI. In your letter, clearly state that you are challenging your Identity History Summary and detail what information is inaccurate or incomplete. Include your personal details (full name, date of birth, and possibly a copy of your FBI report or the Reference Number from it) so they can locate your record. Attach photocopies of all your supporting documents. Address the letter to:

    FBI CJIS Division
    Attn: Criminal History Analysis Team I
    1000 Custer Hollow Road
    Clarksburg, WV 26306

In the letter, it’s wise to organize the challenge by each item (for example: “Challenge Item 1: Arrest on 01/15/2015 in Ohio – this case was expunged, see attached court order dated X”; “Challenge Item 2: Arrest on 07/20/2018 in Florida – charge should be misdemeanor Trespass, not felony Burglary, see attached disposition,” etc.). Being clear and specific helps the FBI and the contributing agency understand exactly what needs fixing. Remember to sign your request and include a way for the FBI to contact you (mailing address, and optionally email/phone).

If you use the online portal, you must have done an initial Identity History Summary request through that system (so they have your fingerprints on file); by mail, you should have already requested your record or include new fingerprint cards if required. (Usually, to challenge, you would have a copy of your FBI report already in hand from Step 1, which satisfies the identification requirement.)

5. FBI Review and Investigation Process. Once your challenge is submitted, the FBI’s CJIS Division will begin processing it. Here’s what happens next:

  • Queue and Acknowledgment: Your challenge is queued in the order received. The FBI may send an acknowledgment of receipt. Be patient – remember the average time is up to 45 days for a resolution.

  • Verification with Original Agencies: The FBI will contact the appropriate agency or agencies that provided the disputed information. For example, if you challenged an arrest from State X, the FBI will reach out to State X’s records bureau or the police department/court to verify the correct data. They will essentially ask, “This individual says this entry is wrong – what is your official record showing?”

  • Agency Responds: The agency in question will check their files. If the agency confirms an error (or notes an update, such as an expungement or corrected disposition), they will send an official communication back to the FBI with the corrected information. In some cases, the agency might directly update the FBI’s records themselves (since many state systems interface electronically with FBI).

  • FBI Updates Your Record: Upon receiving the verification from the original source, the FBI CJIS staff will make the necessary changes to your Identity History Summary. This could mean adding missing details (like entering a dismissal or completion of a sentence), modifying incorrect data (e.g. fixing a date or charge level), or removing an entry (for example, an expunged case or a record that didn’t actually belong to you). The FBI will align the record with the information supplied by the contributing agency.

  • Outcome Notification: The FBI will then notify you of the outcome of your challenge. Typically, you will receive a letter (or an email if you went through eDO) stating what changes were made. In some instances, the response might say that no changes were warranted if the agency reported that the information was already correct (in which case, you may need to gather additional proof and address it again or with the state – see the next section on limitations).

This entire process ensures that the FBI doesn’t unilaterally change records without confirmation. It ties back to the principle that the agency owning the data must validate any correction.

6. Get Your Updated FBI Report (and Follow Up). After the challenge is resolved, you might want to obtain a fresh copy of your FBI background check to verify that the corrections are reflected. The FBI will not automatically send you a new “rap sheet” – they will send a response letter. You can use that letter as proof of the correction in the meantime. However, for peace of mind and future use, you may request another Identity History Summary copy. According to FBI guidance, once you are notified of the outcome of the challenge, you may submit a request for an updated copy of your FBI record (and they will provide it, possibly for the standard fee or via the eDO download if you initially did it online).

By completing these steps, you will have formally challenged your FBI report and corrected any inaccuracies, ensuring that your nationwide criminal history is truthful and up-to-date.

Limitations and Important Considerations

While the FBI Identity History Summary Challenge process is a powerful tool to fix errors, it’s important to understand its limitations:

  • The FBI Cannot Override State Records: The FBI acts as a go-between. It will not change or delete an entry solely on your assertion or even a court document unless the state or agency that provided the record agrees and confirms the change. If a state’s database still shows a conviction, the FBI will continue to report it. Thus, some challenges may stall if the original agency doesn’t respond or disputes your claim. In practice, providing official court orders or documentation usually resolves the issue – the FBI will see that and work with the state. But if the state law requires you to petition them directly (for example, to expunge something), you’ll have to handle that before the FBI record can update.

  • Expungements and Sealed Cases Require Legal Action First: Challenging an FBI report is not a way to expunge or seal a record on its own. If a charge was never expunged but you want it off your record, you must go through the state court expungement process (or other applicable legal relief) first. The FBI will remove expunged or sealed cases only after it receives notice from the state that the case is legally expunged/sealed. The FBI FAQs note that questions about expungement of non-federal arrests must be directed to the state, as laws vary by state. In short, the FBI challenge can enforce an expungement that already exists, but it cannot grant an expungement by itself.

  • Timeline and Patience: Although the average is 45 days, some challenges can take longer, especially if multiple agencies or older records are involved. Plan accordingly. If you’re doing this in anticipation of a job or license, start the process as early as possible.

  • No Partial Updates Without Evidence: The FBI won’t add information that isn’t backed by an official source. For example, if your FBI report shows an arrest with “Disposition: Unknown,” and you tell them “It was dismissed” but you cannot get any proof, the FBI can’t update that just on your word. You’d need to track down the court records to get it fixed. Occasionally, people find that very old records are hard to locate; in those cases, you might need help from an attorney or the state archives to dig up the outcome. The burden is on you to provide something verifiable.

  • Formal Communications: When dealing with this process, keep copies of everything – your original FBI report, the documents you sent, mailing receipts or submission confirmations, and any correspondence from FBI or others. If you call the FBI’s Customer Service (CJIS Division) for updates, note the date, time, and who you spoke with. While the process is usually smooth, having a paper trail is wise in case any issue needs escalation.

  • Employment and Licensing Delays: If an employer or agency is awaiting the corrected record, you can provide them the challenge confirmation or FBI response letter as evidence that the record is under review or has been corrected. There are federal guidelines (and some state laws) that say employers should hold off adverse action if a background check is being contested. Know your rights under the Fair Credit Reporting Act (if it’s a private background company report) and other relevant laws.

Remember, the Identity History Summary Challenge is a nationwide remedy – it doesn’t matter if the error is from Florida, California, Texas, or anywhere else, you use the same FBI process. However, the root cause of the error is usually at a state or local level, so full resolution often involves that local agency fixing its data too. Our role at NSLF is often to coordinate this multi-level fix: we help clients handle the state procedures (expungements, certified record corrections, etc.) and concurrently push the FBI to update the federal record.

How NSLF Can Help with FBI Record Challenges

Challenging an FBI criminal record can be detailed and sometimes daunting, especially if you have to interact with various courts or state bureaus. National Security Law Firm (NSLF) offers a formal service to help clients challenge and correct FBI background report errors. We have experience navigating both the FBI’s procedures and the state-level processes that might be required. Here’s how we can assist:

  • Expert Review of Your FBI Report: We’ll obtain and scrutinize your FBI Identity History Summary to spot any inaccuracies or red flags.

  • Collecting Underlying Records: Our team helps gather the underlying state court records or other proof needed to substantiate the challenge. Because we cannot simply “fix” a state record ourselves, we work with you to get the official documents (e.g. court orders) that the FBI and state authorities will require.

  • Preparing the Challenge Submission: We draft the necessary challenge letters and assemble the evidence in a clear, compelling package for the FBI (or guide you through the eDO submission). We make sure to use the proper keywords and references so that the issue is clearly understood by officials (for example, citing the FBI Identity History Summary Challenge by name, referencing expungement orders, and so on).

  • Liaison with Agencies Nationwide: Since our service is nationwide, we assist clients from any state. We will communicate with state Identification Bureaus or local agencies if needed to ensure they provide the corrected data to the FBI. Essentially, we act as your advocate at both the federal and state levels to get the record fixed.

  • Follow-Through: After the challenge is filed, we monitor its progress. We can follow up with the FBI’s CJIS Division on status if the response is delayed, and we’ll review the outcome with you. If for some reason a correction is not made (for example, if the FBI says the record was already correct according to the state, but you believe that’s wrong), we will advise on next steps – which might involve going back to the state court to resolve any dispute or obtaining additional proof.

Our goal is to take the uncertainty out of the FBI challenge process and give you peace of mind that your record accurately reflects the truth. An inaccurate FBI report can be a serious barrier, but with the proper challenge process, those errors can be resolved. Whether it’s duplicate entries, incorrect dates or charges, expunged cases still showing, or other errors on an FBI report, you do not have to live with them. Through the FBI’s Identity History Summary Challenge – and with help from experienced professionals – you can set the record straight.

Take Action Now to Fix Errors on Your FBI Report

An inaccurate FBI report can hold you back from the opportunities you deserve. Whether it’s duplicate entries, outdated charges, or an expunged case that still shows up, every day it remains uncorrected is a day your future is on hold.

At National Security Law Firm, we don’t just advise you—we do the work for you. Our attorneys prepare your challenge, gather the documentation, and communicate directly with the FBI to make sure your record is corrected as quickly and effectively as possible.

Book your free consultation online.

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