FBI Background Check: Identity History Summary

In the world of global mobility, “if you don’t have your docs, you can’t pack your socks.” If you’re an American applying for second citizenship or residency, there’s a good chance you’ll need to submit an FBI background check as part of your document package. This guide will cover the basics of what an FBI background check, or Identity History Summary (IdHS), is, what it includes, and how to obtain and correct it.

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What is an FBI Background Check?

An FBI background check, officially known as an Identity History Summary (IdHS), is a report that includes information about a person’s criminal history. It is often required for citizenship or residency applications abroad.

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How to Get Your FBI IdHS

There are three main ways to get your FBI background check:

1. Fingerprinting at an Approved USPS Location: This is the fastest and most convenient option. You’ll typically receive your results via email on the same day and a physical copy within a week.
2. Via an FBI Approved Channeler: These are private entities authorized by the FBI to collect fingerprints and send them to the FBI.
3. Mailing Fingerprint Cards: Use an FD-1164 form to have your fingerprints taken physically and mail them to the FBI. This is the slowest method.

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FBI CJIS Administers Reports & Keeps Records

The FBI Criminal Justice Information Services (CJIS) Division administers the IdHS reports and keeps records. The FBI CJIS is part of the U.S. Department of Justice (DOJ). They house the data but do not generate it. Data is submitted by local, state, and federal criminal justice agencies.

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How Information is Reported to the FBI CJIS

When a person is fingerprinted by a local, state, or federal criminal justice agency, their criminal data (arrest, charge, or conviction) is communicated to the FBI CJIS. For example, if someone is arrested by the LA County Sheriff’s Department for reckless driving, the arrest and fingerprint data are sent to the California Department of Justice and the FBI CJIS.

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Information Included: Arrests, Charges, or Convictions?

The FBI IdHS includes data such as arrests, charges, and the final disposition (conviction, dismissal, or acquittal). It comes with a watermarked copy of the FBI seal on each page and is printed on regular paper without a raised or embossed seal.

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How to Correct an FBI IdHS

If there is incorrect information on your FBI IdHS, or if there is a new development in your case (e.g., an expungement or vacatur), you have the right to challenge the accuracy of the data. The steps are as follows:

1. Obtain Post-Conviction Relief: Get an expungement, vacatur, or record seal.
2. Request Correction from State Repository: Request the correction from the state’s criminal data repository.
3. Ensure Communication with FBI CJIS: Ensure the state repository communicates the correction to the FBI CJIS.
4. Request Updated FBI IdHS: Request a new, updated FBI IdHS.
5. Apply for Citizenship or Residency: With the corrected IdHS, proceed with your application.

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Strategy: Legal Opinion Letter

A legal opinion letter can help explain arrest, charge, and conviction information in understandable terms. It can also highlight positive information about the applicant’s history and compare the U.S. conviction to what would be analogous in the evaluating jurisdiction.

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Request Consultation with a Citizenship Expert

Updating your FBI IdHS is crucial for a successful citizenship or residency application. We assist Americans in pursuing second citizenship options. Book a consultation to ensure your documents are correctly prepared and submitted.