Expert advice on finding your FBI record and appealing if the Department of Justice refuses
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This article was co-authored by Clinton M. Sandvick, JD, PhD and by wikiHow staff writer, Finn Kobler. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
There are 11 references cited in this article, which can be found at the bottom of the page.
This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources.
This article has been viewed 330,320 times.
You have a right to know if the FBI is keeping a record of you—and you have a right to see what’s on it. FBI files have all kinds of sensitive information from investigations to federal employment to military service. And, thanks to both the Freedom of Information Act and Privacy Act, you’re legally allowed to access these classified documents (if they exist) whenever you please. All it requires is a detailed request, so keep reading. We’ll offer you expert advice on how to ask for your FBI files and how to appeal with the Department of Justice if your request is denied.
Things You Should Know
- Submit a Freedom of Information Act request (FOIA) by drafting a letter requesting your personal documents. Send your letter to the FBI via email, fax, or snail mail.
- Send a Privacy Act request for your FBI record by filling out an online form or sending a written letter to the Department of Justice (DOJ).
- After submitting your request, wait 20 business days for a response. The DOJ may exempt certain parts of your file if they feel information should remain classified.
- If you disagree with the DOJ’s decision, draft an appeal arguing why you think their decision was unjust. Submit your appeal online or via snail mail.
Steps
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![Step 1 Draft a FOIA request.]()
Draft a FOIA request. The Freedom of Information Act (FOIA) is a law that demands the full or partial disclosure of government information upon request. To use the FOIA to request your FBI record, draft a detailed letter specifically asking for the file that you desire, offering any additional information that can help the FBI identify the records. FBI requests cost a standard of $25.[1] Double check to ensure your letter also includes the following:[2]- Your name, address, phone number, and email address
- Date
- Your home address
- Written acknowledgment that this request is being made under the Freedom of Information Act
- Date range of the request (you can make the request from your date of birth to the present)
- Description of the request (request copies of all information, including, but not limited to: files, correspondence, reports, surveillance, or any other records concerning you)
- Information about you that may assist the search (your name, date of birth, social security number, place of birth, the first and last names of your parents, any aliases that you use, and former addresses)
- Description of the scope of the search, including the FBI’s indices, manual indices, and all Field Offices.
- Written acknowledgment that your file is being requested for personal use, not commercial use
- You can view a sample letter here.
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![Step 2 Submit your request via mail, fax, or email.]()
Submit your request via mail, fax, or email. Once you’ve drafted and proofread your letter to verify it has all the necessary information, send your request to the FBI via snail mail, fax or their official email address.[3]- Mail your letter to: Federal Bureau of Investigation, Attn: FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843.
- Fax your request to: (540) 868-4391/4997
- Email a PDF of your request to: foiparequest@ic.fbi.gov. In addition to attaching a PDF of your request, write your request in the body of the email.
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![Step 3 Check the status of the request.]()
Check the status of the request. Follow up regularly to see if there have been any updates made to your request by calling the FOIA’s Public Information Officer at (540) 868-4593 or, if you have a request number, checking the file’s status online here.- Federal agencies are required to respond to FOIA requests within 20 business days. However, requests may be delayed up to 10 more days if your file is particularly large or requires information from multiple agencies.[4]
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![Step 4 Wait to be contacted with your file.]()
Wait to be contacted with your file. Once the search is complete, you will receive a letter with a copy of your record. If you only receive part of your file, the letter will explain the legal justification for these exemptions. If you have an extremely large file, you may be contacted by a negotiator before the letter is sent to help you narrow down your record’s search parameters.[5]- The letter will also indicate the number of file pages that were reviewed and the number of pages that were released to you.
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![Step 1 Complete your Certification of Identity (DOJ-361) Form.]()
Complete your Certification of Identity (DOJ-361) Form. You can also submit a request for your FBI records under the Privacy Act, which guarantees individuals the right to their own personal records held by government agencies. To do so, complete the U.S. Department of Justice (DOJ)’s Certification of Identity (361) Form here. Specify personal details such as your name, date of birth, social security number, and citizenship status.[6]- You can save the completed form as a PDF or print the completed form.
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![Step 2 If you don’t want to fill out a DOJ-361 form, make a letter request.]()
If you don’t want to fill out a DOJ-361 form, make a letter request. If you prefer to draft your own letter instead of completing the Certification of Identify Form, the DOJ will accept that instead. Just ensure your letter includes the following information:[7]- The full name of the requestor (you)
- Your citizenship status and social security number
- Your current address
- Your date of birth and place of birth
- The following oath: “I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that I am the person named above, and I understand that any falsification of this statement is punishable under the provisions of 18 U.S.C. Section 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years or both, and that requesting or obtaining any record(s) under false pretenses is punishable under the provisions of 5 U.S.C. 552a(i)(3) by a fine of not more than $5,000.”
- Print your name, sign, and date the document when you’re ready to submit it.
- You can find a sample Privacy Act Request letter here.
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![Step 3 Submit your DOJ form or letter.]()
Submit your DOJ form or letter. Once your form or letter is complete, send it to the DOJ via snail mail, fax, or email. All Privacy Act and FOIA requests are initially handled by the same department, so you’ll mail to the same address regardless of which document you send.[8]- Mail your letter or form to: Federal Bureau of Investigation, Attn: FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843.
- Fax your request to: (540) 868-4391/4997
- Email a scanned copy of your form or letter to: foiparequest@ic.fbi.gov. In addition to attaching a copy of your request, write your request in the body of the email.
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![Step 4 Wait for a response from the FBI/DOJ.]()
Wait for a response from the FBI/DOJ. Within a month, the FBI processing center will send you a letter that includes your requested materials and, if applicable, a list of reasons (exemptions) justifying why certain materials were not released to you.[9]
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![Step 1 Review the DOJ’s reasons for their response.]()
Review the DOJ’s reasons for their response. File an administrative appeal if you are unsatisfied with the DOJ’s response to either your FOIA or Privacy Act requests. One reason you may be dissatisfied is if the DOJ did not release all of your records and instead held them back, citing an exemption. While you may find their choice unsatisfactory, the DOJ describes their reasons for exemption as follows:[11]- Classified national defense and foreign relations information
- Internal agency personnel rules and practices
- Information that is prohibited from disclosure by another federal law
- Trade secrets and other confidential or privileged commercial or financial information
- Inter-agency or intra-agency communications that are protected by legal privileges
- Information involving matters of personal privacy
- Information relating to the supervision of financial institutions
- Geological information on wells
- Records or information compiled for law enforcement purposes, to the extent that the production of those records:
- Could reasonably be expected to interfere with enforcement proceedings; would deprive a person of a right to a fair trial or an impartial adjudication
- Could reasonably be expected to constitute an unwarranted invasion of personal privacy
- Could reasonably be expected to disclose the identity of and/or information provided by a confidential source;
- Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions
- Could reasonably be expected to endanger the life or physical safety of any individual
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![Step 2 Draft your appeal.]()
Draft your appeal. Write your appeal in response, offering a persuasive argument setting forth the reasons for your appeal and why the DOJ was incorrect in making its determination. Include the following in your letter:- Address of the Agency to whom you are submitting your appeal: 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 that states: FOIA Appeal and/or Privacy Act Request Appeal
- The date that you made the request, to whom you submitted the request and a brief description of what you requested
- The reason why the agency denied your request (and whatever exemptions the agency cited)
- Written acknowledgment that you are requesting the information for personal use and the information is about you.
- Your signature and the date signed
- In addition, provide a brief argument as to why the agency was incorrect. Use specific arguments for each exemption cited. You can find guidance on the exemptions and policy reasons to release the information in the Federal Open Government Guide here.[12]
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![Step 3 Submit your appeal.]()
Submit your appeal. Once you have completed your letter, with all the necessary information, submit the document online here or via snail mail to the DOJ’s Office of Information Policy (OIP) at: 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.[13]- Submit your appeal within 60 days of the date you received the DOJ’s response.
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![Step 4 Wait for a decision.]()
Wait for a decision. You will receive a letter with the OIP's decision about your appeal (usually within about 20 business days). If they agree with you, they may send you the documents or raise additional exemptions or concerns. They may also agree with part of your appeal, while maintaining their exemption of other parts. If the OIP denies your appeal, you will have the opportunity to re-submit.[14]- If the department remands your appeal multiple times and you are dissatisfied, consider filing a lawsuit and having a judge decide on the issues. However, this can be a costly and time-consuming process so you should contact an attorney experienced in handling FOIA disputes.
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Tips
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If you have questions about submitting a FOIA or Privacy Act requests, you can contact the FOIA Requestor Service Center at (540) 868-1535 to hear helpful recorded information.[15]Thanks
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You can submit a joint FOIA and Privacy Act request when seeking your own individual file. The request must contain all of the information for both FOIA and Privacy Act requests in one letter.Thanks
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Warnings
- If you are seeking information about yourself or another living person, you cannot use the eFOIA Form to submit a Privacy Act Request.Thanks
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References
- ↑ https://forms.fbi.gov/fbi-efoia-request-form#:~:text=When%20making%20a%20request%2C%20you,less%20than%20the%20standard%20%2425.
- ↑ https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/freedom-of-information-privacy-act/sample-fbi-foia-request-letter
- ↑ https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/freedom-of-information-privacy-act/requesting-fbi-records
- ↑ https://www.dol.gov/general/foia/guide#:~:text=Under%20the%20statute%2C%20federal%20agencies,that%20maintains%20the%20records%20sought.
- ↑ https://www.dol.gov/general/foia/guide
- ↑ https://www.justice.gov/ust/file/doj361_form.pdf/download
- ↑ https://www.justice.gov/ust/file/doj361_form.pdf/download
- ↑ https://www.justice.gov/opcl/doj-privacy-act-requests
- ↑ https://www.dol.gov/general/foia/guide
- ↑ https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/freedom-of-information-privacy-act/requesting-fbi-records
- ↑ https://www.justice.gov/oip/department-justice-freedom-information-act-reference-guide#appeals
- ↑ https://www.rcfp.org/federal-foia-appeals-guide/administrative-appeals-process/what-should-i-say-my-appeal-letter
- ↑ https://www.justice.gov/oip/department-justice-freedom-information-act-reference-guide#:~:text=Appeals%20can%20be%20submitted%20to,%2Drequest%2Dor%2Dappeal.
- ↑ https://www.justice.gov/oip/department-justice-freedom-information-act-reference-guide#:~:text=Appeals%20can%20be%20submitted%20to,%2Drequest%2Dor%2Dappeal.
- ↑ https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/freedom-of-information-privacy-act/contact-the-record-information-dissemination-section-rids
About This Article
Lawyer
This article was co-authored by Clinton M. Sandvick, JD, PhD and by wikiHow staff writer, Finn Kobler. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 330,320 times.
Co-authors: 27
Updated: March 4, 2024
Views: 330,320
Article SummaryX
If you want to view your FBI file, you can request it through either a Freedom of Information Act Request or a Privacy Act Request. A Freedom of Information Act Request requires that you write a detailed letter specifying the information you desire. To make a Privacy Act Request, you can choose to either complete a Certification of Identity Form or write a letter. Then, send the form or letter to the FBI via mail, fax, or email. If your request is denied, you have the option to write a letter of appeal to send to the Department of Justice. For more advice from our Legal co-author, including how to draft an effective appeal letter, keep reading!
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