Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Division ATTN: SCU, Mod. D-2 1000 Custer Hollow Road Clarksburg, WV 26306
Instructions for a challenge to the FBI are set forth in 28 CFR 16.30, “Purpose and Scope,” 28 CFR 16.31, “Definition of Identification Record,” 28 CFR 16.32, “Procedure to Obtain an Identification Record,” 28 CFR 16.33, “Fee for Production of Identification Record,” and 28 CFR 16.34, “Procedure to Obtain Change, Correction or Updating of Identification Records.” The FBI will forward the challenge to the agency that submitted the data, and will request that the agency verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any necessary change to the individual’s criminal history record. The licensee cannot make a final adverse determination based only upon the individual’s criminal history record review until the licensee receives the FBI’s confirmation or correction of the record. Section 73.57(e) requires that the licensee provide at least 10 days for an individual to initiate action to challenge the results of an FBI criminal history records check after the record has been made available to the individual for review, although the licensee may allow more time. The licensee may use its own judgment for other elements of the background information.
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