How to CORRECT an FBI IHS

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.

Let’s take an example. Johnny Livefast (“Johnny”), a U.S. citizen, is arrested, charged and convicted in California for DUI (VC 23152(a)).

The data related to Johnny’s arrest, charge and conviction is reported by the California department of justice (CalDOJ) 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 IHS still reflects the arrest, charge and conviction for DUI. He wants it cleared so he has the best chance of approval for citizenship.

As mentioned above, to have his FBI IHS 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 IHS. With an updated accurate FBI IHS, Johnny now feels comfortable to apply for citizenship by investment.

Show how to challenge FBI report info, with screenshot from challenge form.

In summary, to make a correction to the FBI IHS, 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 law enforcement agency;

Step 3 - Request that the local or state law enforcement agency communicate the record correction to the FBI CJIS;

Step 4 - Request a new, updated FBI IHS.

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