Here’s an example of how an American with a criminal record would get post-conviction relief in order to apply for 2nd citizenship. 👇

“How to Correct an FBI IdHS

Sometimes FBI background checks need to be corrected because either a) wrong information was reported on them or b) there’s a new development on the subject’s case after the arrest, charge or conviction. A new development could be a pre-trial dismissal, acquittal at trial or an expungement or vacatur after a conviction.

A subject of the FBI background check has the right to challenge the accuracy of the data on the background check and request a correction.

It’s important to note that whether a post-conviction dismissal can be entirely removed from an FBI IdHS depends on the law of the jurisdiction (usually a U.S. state) in which the conviction occurred. The result is that in some cases, a conviction may be entirely removed from the FBI IdhS, whereas in other cases, it may only be possible to update the FBI IdHS to reflect the post-conviction dismissal.

Let’s take an example of a person with a state-level criminal arrest, charge and conviction. Johnny Livefast (“Johnny”), a U.S. citizen, is arrested, charged and convicted in California for DUI (VC § 23152(a)).

Throughout Johnny's brush with the legal system, the data related to Johnny’s arrest, charge and conviction was reported by various California criminal justice agencies Johnny comes into contact with to the FBI CJIS. Johnny then discovers his due process rights were violated in his California trial. He hires a lawyer who files a request to vacate his conviction (i.e. “clear” his record for having been wrongfully convicted) by filing a motion under PC § 1473.7.

Johnny’s motion to vacate is granted so the DUI conviction is dismissed.

Now, Johnny, turned off by his experience with the U.S. criminal justice system, wants to apply for citizenship by investment in another country. Unfortunately, his darn FBI IdHS still reflects the arrest, charge and conviction for DUI. He wants it cleared from his FBI IdHS so he has the best chance of approval for citizenship.

To have his FBI IdHS corrected, Johnny needs to request the correction from the CalDOJ first, then make sure the CalDOJ communicates the update to the FBI CJIS, who in turn will (ideally) correct Johnny’s FBI IdHS. With an updated accurate FBI IdHS.

Johnny now feels comfortable to apply for citizenship by investment.

In summary, to make a correction to the FBI IdHS and obtain a new copy for a foreign citizenship application, the steps are as follows:

Step 1 - Obtain the expungement, vacatur, record seal or other post-conviction relief of the conviction;

Step 2 - Request correction/update of the applicant’s record from the local or state criminal data repository (oftentimes the state's department of justice);

Step 3 - Request that the local or state law criminal data repository communicate the record correction to the FBI CJIS;

Step 4 - Request a new, updated FBI IdHS;

Step 5 - Apply for (and hopefully be approved) second citizenship and become a dual citizen.

Note: the FBI CJIS does have a process to challenge the FBI IdHS directly with CJIS. This is most applicable when the information challenged is pursuant to a federal arrest, charge or conviction. In my experience, the vast majority of Americans pursuing second citizenship with a criminal record have a state-level criminal conviction, which would require the correction process mentioned above in the case of Johnny Livefast.”

#fbibackgroundcheck #dualcitizenship

https://www.malakoutilaw.com/the-basics-of-an-fbi-background-check-identity-history-summary