Criminal history databases are the government-run systems that collect arrest, charge, and court-outcome records and share them across agencies and, in some cases, with employers and licensing boards. The FBI’s Criminal Justice Information Services Division runs the largest of these systems, and every state operates its own repository that feeds data up to the federal level and serves users within the state. If you have ever been fingerprinted after an arrest, applied for a job that required a background check, tried to buy a firearm, or applied for a visa abroad, you have touched this network. Knowing what it contains and what rights you have over your own entry is worth the time before an inaccurate record costs you something.
How the System Is Organized
The backbone is the FBI’s Criminal Justice Information Services Division, established in 1992 as the central repository for criminal justice data within the federal government. CJIS runs several interconnected programs, including the National Crime Information Center and the fingerprint identification systems that tie the network together.1Federal Bureau of Investigation. Criminal Justice Information Services (CJIS)
The piece that connects federal and state records is the Interstate Identification Index, a pointer system that links the FBI’s computerized criminal history files with the central files each participating state maintains. Rather than duplicating every record at the federal level, the III tells an authorized inquirer which state holds the detailed record and routes the request accordingly.2Federal Bureau of Investigation. Interstate Identification Index (III) National Fingerprint File (NFF) The National Fingerprint File supports this by holding fingerprints linked to individuals indexed in the III, so identification can be positive rather than based on names and birth dates that may match more than one person.3eCFR. 28 CFR Part 905 – National Fingerprint File (NFF) Program Qualification Requirements
Each state operates its own central repository, typically housed under a state police agency or department of public safety. Those systems feed data to the FBI and serve state users at the same time. The National Crime Prevention and Privacy Compact, ratified in 1998, set uniform rules for how states share criminal records across state lines for noncriminal justice purposes such as employment screening. Within a state’s own borders, that state decides what information it releases; interstate exchanges follow the Compact’s uniform rules and must be supported by fingerprints.4Federal Bureau of Investigation. The National Crime Prevention and Privacy Compact Act of 1998
What a Rap Sheet Actually Contains
An FBI identification record, commonly called a rap sheet, is built from fingerprint submissions sent in by agencies with criminal justice responsibilities. The FBI itself does not generate arrest data; it compiles what agencies submit.5eCFR. 28 CFR Part 16 Subpart C – Production of FBI Identification Records A typical entry includes the submitting agency, the date of arrest, the arrest charge, and the disposition if the FBI has received it.
Personal identifying information anchors each record: full legal name, known aliases, date of birth, and physical descriptors such as height, weight, and eye color. Fingerprint images are the primary identifier that links events to a specific person, which is why nearly every submission and every records request runs on fingerprints rather than name searches.6Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions
The Missing-Disposition Problem
A full entry should track the entire lifecycle of a case: arrest, formal charges, court outcome, and any sentence. The court outcome, the disposition, says whether the case ended in a conviction, an acquittal, a dismissal, or a prosecutor’s decision not to pursue charges. That last outcome is sometimes shown as “nolle prosequi,” which means the charges were dropped but could in theory be refiled since no verdict was reached.
Disposition data is often missing. Nationally, roughly half of arrest records in the FBI’s system lack a matching court disposition. States submit outcome data inconsistently, and a dismissal or acquittal often never reaches the federal file. The practical result: a background check can show an arrest without showing that nothing came of it. That gap is the single most common reason an accurate-looking record is actually misleading, and it is why reviewing your own record before someone else does is worth the trouble.
A Note on Juvenile Records
Juvenile adjudications are generally kept separate from adult criminal history databases. The rules on when they cross over vary by state, and in many states juvenile records are available to law enforcement and courts only when a person is later charged as an adult, often restricted to felony-level offenses. Juvenile adjudications are almost never treated as prior convictions for adult sentencing. If this applies to you, the rules in your state determine whether and when a juvenile record appears in adult systems.
Who Can Look at These Records
Access splits into two broad categories: criminal justice use and noncriminal justice use. The rules differ, and so do the security requirements.
Law Enforcement and Court Access
Law enforcement agencies are the heaviest users. Officers query the databases during active investigations, routine encounters, and traffic stops. Judges and magistrates pull records when setting bail, accepting pleas, and imposing sentences. Probation and parole officers use the same systems to monitor compliance. All of that falls under criminal justice access and is governed by security standards every user must meet.
Employers, Licensing Boards, and NICS
Employers, licensing boards, and other entities outside law enforcement can reach criminal history records, but only when authorized by federal statute, by a state statute passed under Public Law 92-544, or by an order of the Attorney General.7eCFR. 28 CFR Part 20 Subpart C – Federal Systems and Exchange of Criminal History Record Information Healthcare, childcare, education, banking, and transportation are the sectors where this access is most common. These organizations have to follow specific legal protocols and submit fingerprint-based requests, not simple name searches.
The National Instant Criminal Background Check System serves a narrower purpose. NICS holds data on individuals who are prohibited from receiving firearms under federal or state law. When someone tries to buy a firearm from a licensed dealer, the dealer contacts NICS, which runs the buyer’s information against its indices and returns an approval, denial, or delay.8Federal Bureau of Investigation. Firearms Checks (NICS)
Your Rights When an Employer Runs a Check
When an employer hires a third-party company to run a background check, the Fair Credit Reporting Act applies. The FCRA does not stop employers from considering your criminal history, but it builds in procedural steps that give you a chance to catch errors before they cost you a job.
Before and After the Background Check
Before ordering a report, the employer has to give you a clear written disclosure that it intends to pull one and has to get your written authorization.9Federal Trade Commission. Using Consumer Reports – What Employers Need to Know If the report shows something that might lead to a rejection, the employer has to go through two more steps:
- A pre-adverse action notice. Before making a final decision, the employer must give you a copy of the report and a summary of your rights under the FCRA. This gives you time to review it and dispute anything wrong.
- An adverse action notice. If the employer ultimately decides not to hire you based at least in part on the report, it must tell you that, identify the background check company, state that the company did not make the hiring decision, and inform you of your right to dispute inaccurate information and request a free copy of the report within 60 days.
This two-step structure exists because criminal history records are so often incomplete or wrong. If an employer skips the steps, you may have a legal claim under the FCRA.
Time Limits on What Can Be Reported
The FCRA caps how far back a consumer reporting agency can go for certain records. Arrest records that did not lead to a conviction cannot be reported if they are more than seven years old.10Office of the Law Revision Counsel. United States Code Title 15 Section 1681c – Requirements Relating to Information Contained in Consumer Reports Convictions have no federal time limit and can be reported indefinitely. Some states impose stricter rules, including limits on how old a conviction can be before it has to drop off a commercial background report.
Fair Chance Hiring Laws
More than 35 states and over 150 cities and counties have adopted “ban the box” or fair chance hiring policies. These laws generally prohibit employers from asking about criminal history on the initial job application, pushing the question to later in the hiring process. Coverage varies: some apply only to public employers, others to private employers above a certain size. If you are job hunting, knowing whether your jurisdiction has a fair chance law affects when and how your record enters the conversation.
How to Request Your Own Record
You have a legal right to obtain a copy of your FBI identification record, and pulling your own before an employer or licensing board does is one of the smartest moves available to you. The process runs on fingerprints, and there are two main paths: submit directly to the FBI, or use a private channeler.
What You Need
The core requirement is a completed FD-258 fingerprint card with all ten rolled impressions and plain impressions of both hands.11Federal Bureau of Investigation. Identity History Summary Request Checklist The card must also show your name, date of birth, and descriptive data. A Social Security number is helpful but not mandatory; the FBI will process the card without one.12Federal Bureau of Investigation. Guidelines for Preparation of Fingerprint Cards and Associated Criminal History Information
Fingerprint quality is where most requests go wrong. Low-quality images, smudged prints, fingers printed in the wrong boxes, and the same hand printed twice are all common rejection reasons.13FBI Biometric Specifications. Tips for Reducing Rejects A rejected card means starting over, so having prints taken by an experienced technician at a law enforcement agency or fingerprinting vendor is worth the small cost. Private vendors typically charge between $10 and $45 for digital fingerprinting.
Submitting the Request
The FBI accepts requests by mail and electronically. For mail submissions, send your completed fingerprint card with payment of $18.00 by certified check, money order, or a completed credit card payment form to the CJIS Division in Clarksburg, West Virginia.11Federal Bureau of Investigation. Identity History Summary Request Checklist For electronic submissions, you can visit a participating U.S. Post Office location to submit your fingerprints digitally after completing the request online. Additional fees may apply at the Post Office location.6Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions Electronic submissions are processed faster, though the FBI does not publish specific turnaround times for either method. Requests are handled in the order received.
Using an FBI-Approved Channeler
If you need results quickly for a job offer or international travel, an FBI-approved channeler may be a better option. Channelers are private companies authorized to collect your fingerprints and fee, forward the submission electronically to CJIS, and return the results to you.14Federal Bureau of Investigation. List of FBI-Approved Channelers for Departmental Order Submissions You will pay the $18.00 FBI fee plus the channeler’s service fee, but turnaround is typically measured in days rather than weeks. The FBI keeps a current list of approved channelers on its website.
Requesting Your State Record
A state record request is a separate process from the FBI request, and the two may show different information since state and federal files do not always match. State fees range widely, from a few dollars to nearly $50, depending on the state and whether you submit electronically or on paper. Processing times vary but are commonly around 10 business days for electronic submissions. For a complete picture of your record, request both.
Challenging and Correcting Errors
Given that about half of arrest records nationally lack full disposition data, finding an error or an omission on your rap sheet is not unusual. The correction process is free but takes patience.
How to Challenge Your FBI Record
If your Identity History Summary contains inaccurate or incomplete information, you have the right to challenge it at no cost.6Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions Identify the information you believe is wrong and include supporting documentation, such as a court docket showing a dismissal or an expungement order. Submit the challenge to the CJIS Division, which will forward it to the agency that originally contributed the data. That agency has to verify or correct its submission, and the FBI will update its files accordingly.15eCFR. 28 CFR 16.34 – Procedure to Obtain Change, Correction or Updating of Identification Records
The average response time for a challenge is about 45 days, and requests are handled in the order received. This is where your own documentation matters most. If you were acquitted or your charges were dismissed, keep the court order. Contributing agencies are sometimes slow to respond, and having proof on hand gives the FBI something concrete to act on.
Expungement at the Federal Level
Getting arrest data removed from the FBI’s file is harder than correcting an error. For nonfederal arrests, questions about expungement or sealing go to the state identification bureau where the offense occurred; the FBI follows the state’s lead.6Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions For federal arrest data, removal happens only at the request of the submitting agency or on receipt of a federal court order specifically directing expungement.
Clean Slate and Automatic Sealing Laws
A growing number of states have moved beyond petition-based expungement and enacted automatic record-sealing laws. As of mid-2024, more than 20 states and the District of Columbia had established some form of automatic relief for non-conviction records, meaning arrests that ended in dismissal, acquittal, or no charges filed can be sealed without the person having to file a court petition.
These automatic systems come with limitations. Many apply only prospectively, so records created before the law’s effective date still require a petition. Some seal only the records held by criminal justice agencies while leaving the corresponding court records accessible. Certain offense categories are excluded outright, and in some jurisdictions the provisions have been passed but not yet fully implemented.
Where automatic relief is not available, the traditional petition process still applies. That usually involves waiting periods, gathering court documents, paying filing fees, and sometimes appearing before a judge. The specifics vary dramatically by state, and the disposition type, offense category, and time elapsed since the case ended all affect eligibility.
At the federal level, no automatic sealing mechanism currently exists for federal criminal records. Proposed legislation, including the Clean Slate Act of 2025, would create a federal record-sealing framework for non-conviction records and certain low-level convictions, but as of early 2026 these proposals have not been enacted.
Using Your FBI Record Abroad
If you are applying for a visa, work permit, or residency in another country, you will likely need an FBI background check with an apostille from the U.S. Department of State. The apostille certifies the document for use in countries that are party to the Hague Apostille Convention.
To request one, submit your FBI Identity History Summary along with Form DS-4194, indicating the country where the document will be used. The fee is $20 per document and is nonrefundable.16U.S. Department of State. Requesting Authentication Services Mail submissions take at least five weeks. In-person drop-off at the Department of State’s Washington, D.C., office takes about seven business days. Emergency appointments are available only for life-or-death situations involving an immediate family member abroad.
Watch the payment rules, which differ by method. Mail requests take a check or money order payable to the U.S. Department of State. In-person requests accept only credit cards, debit cards, or contactless payment; no cash or checks are accepted in person.16U.S. Department of State. Requesting Authentication Services Many countries also require a certified translation of the apostilled document, so build that cost and time into your plans. The FBI record itself takes weeks to arrive, and the apostille adds more time on top, so start early if you are working against a visa deadline.