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How to Ask For Your FBI File

How to Ask for Your FBI File
If you want to access your FBI file, you have the legal right to request it under the Freedom of Information Act (FOIA) or Privacy Act. Here’s a step-by-step guide to help you make a successful request and understand the process.

Method1 :Submitting a Freedom of Information Act Request (FOIA)

Submitting a Freedom of Information Act Request (FOIA)
Submitting a Freedom of Information Act Request (FOIA)
  1. Draft a FOIA Request – Preparing Your Letter
    The Freedom of Information Act (FOIA) is a federal law that allows individuals to request government records. To obtain your FBI file, you must submit a detailed letter specifying the information you seek. When drafting your request, ensure you include all the necessary details to help the FBI locate the records efficiently.
    • Make sure your letter includes:
      • Your name, address, phone number, and email addressThe date of your requestA statement that the request is made under the FOIADate range for the request (for example, from your date of birth to the present)A description of the records you’re requesting (files, correspondence, surveillance, etc.)Additional information to assist the search (e.g., your name, date of birth, social security number, etc.)A statement that the request is for personal, not commercial, use
    What to Include in Your FOIA Request:
    • Personal Information: Name, DOB, etc.
    • Description of Request
    • Acknowledgment of Personal Use
Submit Your Request via Mail, Fax, or Email
Submit Your Request via Mail, Fax, or Email

2.Submit Your Request via Mail, Fax, or Email
Once you have drafted your FOIA request letter, the next step is to submit it. You can send the request through various channels, including traditional mail, fax, or email. Ensure that you’ve proofread the letter and included all the required details.

  • Mail Address:
    Federal Bureau of Investigation, Attn: FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843Fax Number:
    (540) 868-4391/4997Email:
    Send a PDF of your request to foiparequest@ic.fbi.gov, and include the text of your request in the body of the email.
Submission Methods:

  • Snail Mail, Fax, or Email
  • Ensure All Details are Included
    Check the Status of Your Request – Follow Up Regularly
    Check the Status of Your Request – Follow Up Regularly

    3.Check the Status of Your Request – Follow Up Regularly
    After submitting your request, you should follow up regularly to check for updates. You can call the FOIA Public Information Officer at (540) 868-4593 or check online if you have a request number.

    • Federal agencies are required to respond within 20 business days, although requests may be delayed by up to 10 additional days if the file is large or involves multiple agencies.
    Follow Up on Your Request:

    • Contact the FOIA Officer
    • Check Online for Status Updates
      Wait to Be Contacted with Your File – Receive Your Records
      Wait to Be Contacted with Your File – Receive Your Records

      4.Wait to Be Contacted with Your File – Receive Your Records
      After the FBI has completed their search, you will be contacted with a response. The agency will send you a letter along with the relevant portions of your file. If only part of the file is provided, the letter will explain the legal reasons for withholding certain information.

      • If your file is too large, the FBI may contact you to help narrow down the search parameters before sending the full record. The letter will also indicate how many pages were reviewed and how many were released to you.
      What to Expect When Your File is Ready:

      • Letter with File
      • Exemptions Explained for Withheld Information

        References:

        Method2 Making a Privacy Act Request

        Complete Your Certification of Identity (DOJ-361) Form
        Complete Your Certification of Identity (DOJ-361) Form
        1. Complete Your Certification of Identity (DOJ-361) Form
          To request your FBI records under the Privacy Act, you must complete the U.S. Department of Justice (DOJ)’s Certification of Identity (DOJ-361) Form. This form ensures that you are legally requesting your own personal records held by government agencies.
          • The form will require personal details such as your full name, date of birth, social security number, and citizenship status. Once you have completed the form, you can either save it as a PDF or print it out for submission.
          What to Include in the Form:
          • Full Name, Date of Birth, SSN
          • Citizenship Status
          • Completed Form (PDF or Printed)
        If You Don’t Want to Fill Out the DOJ-361 Form, Make a Letter Request
        If You Don’t Want to Fill Out the DOJ-361 Form, Make a Letter Request

        2.If You Don’t Want to Fill Out the DOJ-361 Form, Make a Letter Request
        If you prefer not to complete the DOJ-361 form, you can instead submit a letter request to the DOJ. The letter must include all required personal details and an oath stating the truthfulness of the information provided.

        • Your letter should contain:
          • Full name, citizenship status, and social security numberYour current address, date of birth, and place of birthA statement under penalty of perjury, acknowledging that any false information is punishable by law
          Ensure you sign and date the letter before submission.
        Key Components for the Letter:

        • Full Name, SSN, Date of Birth, etc.
        • Signed Oath Declaring Truthfulness
        • Personal Details for Record Retrieval
          Submit Your DOJ Form or Letter
          Submit Your DOJ Form or Letter

          3.Submit Your DOJ Form or Letter
          Once your form or letter is complete, send it to the Department of Justice (DOJ) for processing. Both Privacy Act and FOIA requests are handled by the same department, so you can use the same address regardless of the document type you submit.

          • Mailing Address:
            Federal Bureau of Investigation, Attn: FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843Fax Number:
            (540) 868-4391/4997Email:
            Send a scanned copy of your form or letter to foiparequest@ic.fbi.gov and include the request text in the email body.
          Submission Methods:

          • Snail Mail, Fax, or Email
          • Ensure All Required Details Are Included
            Wait for a Response from the FBI/DOJ
            Wait for a Response from the FBI/DOJ

            4.Wait for a Response from the FBI/DOJ
            After submitting your request, you can expect a response from the FBI within a month. The response will include the requested materials and an explanation of any exemptions (if applicable) justifying why certain records were not released to you.

            • To check the status of your request, you can call the FOIA office at (540) 868-4593, or if you have a request number, you can track it online.
            What to Expect in the Response:

            • Materials Requested
            • Exemptions and Justifications
            • Status Update Options

              References:

              Method3Appealing a DOJ Response

              Review the DOJ’s Reasons for Their Response – Understand Exemptions
              Review the DOJ’s Reasons for Their Response – Understand Exemptions
              1. Review the DOJ’s Reasons for Their Response – Understand Exemptions
                If you’re dissatisfied with the DOJ’s response to your FOIA or Privacy Act request, such as when records are withheld under exemptions, you have the right to file an administrative appeal. The DOJ may have withheld records citing various exemptions, including:
                • National defense and foreign relations information
                • Internal agency rules and practices
                • Information prohibited by other federal laws
                • Trade secrets and confidential financial data
                • Legal privileges protecting inter-agency communications
                • Personal privacy information
                • Financial institution supervision data
                • Geological data related to wells
                • Law enforcement records that may interfere with legal proceedings or personal rights
                Common Exemptions Cited by the DOJ:
                • National Security and Confidential Communications
                • Personal Privacy and Law Enforcement Concerns
              Draft Your Appeal – State Your Case Clearly
              Draft Your Appeal – State Your Case Clearly
              1. Draft Your Appeal – State Your Case Clearly
                To file an appeal, you must write a persuasive letter explaining why the DOJ’s exemption decision was incorrect. The appeal letter should include the following:
                • Address:
                  Freedom of Information Appeal
                  Office of Information Policy
                  U.S. Department of Justice
                  Suite 11050
                  1425 New York Avenue, N.W.
                  Washington, D.C. 20530-0001
                • Subject Line: FOIA Appeal and/or Privacy Act Request Appeal
                • Include the request’s date, to whom it was submitted, and a brief description of the requested information
                • Explain why the DOJ denied the request and cite the specific exemptions used
                • Acknowledge that your request is for personal use and concerns you
                • Sign and date the appeal letter
                • Provide specific arguments addressing each exemption cited by the DOJ. You can find guidance in the Federal Open Government Guide here.
                What to Include in Your Appeal Letter:
                • DOJ Address and Subject Line
                • Date, Description, and Reasons for Denial
                • Argument Addressing Exemptions
              Submit Your Appeal – Follow Submission Guidelines
              Submit Your Appeal – Follow Submission Guidelines
              1. Submit Your Appeal – Follow Submission Guidelines
                Once your appeal letter is complete, submit it either online or via mail. You must submit your appeal within 60 days of receiving the DOJ’s response.
                • Submit online: Visit the DOJ’s FOIA page to submit your appeal online.
                • Submit by mail: Send your appeal to:
                  Freedom of Information Appeal
                  Office of Information Policy
                  U.S. Department of Justice
                  Suite 11050
                  1425 New York Avenue, N.W.
                  Washington, D.C. 20530-0001
                Submission Methods:
                • Online or Snail Mail
                • Submit Within 60 Days of DOJ Response
              Wait for a Decision – Expect a Response
              Wait for a Decision – Expect a Response
              1. Wait for a Decision – Expect a Response
                Once your appeal is submitted, the DOJ’s Office of Information Policy (OIP) will review it and issue a decision within approximately 20 business days. They may either:
                • Release the requested documents
                • Agree with part of your appeal, but maintain exemptions for other records
                • Deny your appeal, but you can resubmit if needed
                • If you are still dissatisfied after multiple remands, consider filing a lawsuit with the help of an attorney experienced in FOIA disputes. Keep in mind that this process can be time-consuming and costly.
                What Happens After Submission:
                • Receive Decision within 20 Business Days
                • Further Actions if Denied

              References:

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