Obtain Your FBI File

An FBI file is a record of information pertaining to arrests, investigations, federal employment, naturalization, or military service. The FBI does not keep a file on everyone, but some people may have a file if they have been a victim in a case or an authorized third party has requested information about them. The FBI also has files of individuals, organizations, and businesses currently or previously under investigation. You can request your FBI file through either a Freedom of Information Act Request or a Privacy Act Request. If your request is denied, you can appeal that decision.

Steps

Submitting a Freedom of Information Act Request (FOIA)

1. Draft a FOIA request. When requesting your personal FBI records through the Freedom of Information Act, you must draft a detailed letter specifically requesting the information that you desire and any information that can help the FBI identify the records. This letter should include the following:
   • Date
   • Address: Record/Information Dissemination Section
Attn: FOIPA Request
170 Marcel Drive
Winchester, VA 22602-4843
   • Identifying the request as 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.
   • Provide information to assist in the search. You should give your name, date of birth, social security number, place of birth and the first and last names of your parents, any aliases that you use, and former addresses.
   • Description of the scope of search, including the FBI’s indices, including manual indices, as well as all Field Offices.
   • Indicate a dollar amount that you are willing to pay for processing the request.
   • State that you are seeking the information for personal use and not for commercial use.
   • Provide your name, address, phone number and email address.
   • You can view a sample letter at:https://www.fbi.gov/foia/sample-fbi-foia-request-letter
2. Submit your request. Since you are requesting FBI records for a living person, you must submit your request either by mail, fax or e-mail.
   • You can mail your letter to: Federal Bureau of Investigation, Attn: FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843.

   • You can fax your request to: (540) 868-4391/4997
   • You can email a PDF of your request to: foiparequest@ic.fbi.gov. In addition to the PDF, you should put your request in the body of the email.
3. Check the status of the request. You can check the status of your request my calling FOIA’s Public Information Officer at (540) 868-4593.
   • If you have a FOIA request number, you can also check your request status online at: http://vault.fbi.gov/fdps-1/@@search-fdps.
4. Wait to be contacted. If you have an extremely large file, your may be contacted by a negotiator to help narrow down the search parameters. Once the search is complete, you will receive a letter explaining any exemptions that were used to justify not sending you certain records, as well as a copy of the records that were not exempted.
   • The letter will also indicate the number of pages that were reviewed and the number of pages that were released to you.

Making a Privacy Act Request

1. Complete Certification of Identify Form. The U.S. Department of Justice (DOJ) provides the Certification of Identify Form as a way for an individual to request all records in the U.S. Department of Justice system related to him or herself. Complete the fillable form by typing in all requested information.
   • You can save the completed form as a PDF or print the completed form.
   • You can access the form at: https://www.fbi.gov/foia/u.s.-department-of-justice-form-361-certification-of-identity.
2. Draft a letter request, in the alternative. If you prefer to draft a letter request instead of using the Certification of Identify Form, the DOJ will also accept a letter. You letter must include the following information:
   • The full name of the requestor.
   • Your citizenship status and social security number.
   • Your current address.
   • Your date of birth and place of birth.
   • You must also include 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.
   • You must print your name, sign, and date the document.
3. Submit the form or letter. You can submit your form or letter via mail, fax or email.
   • You can mail your letter to: Federal Bureau of Investigation, Attn: FOI/PA Request, Record Information Dissemination Section, 170 Marcel Drive 
Winchester, VA 22602-4843.
   • You can fax your letter to: (540) 868-4391/4997
   • You can email a scanned copy of your signed letter or signed form to: foiparequest@ic.fbi.gov.
4. Wait for response. 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.
   • You can check the status of your request by calling (540) 868-4593, or if you have a FOIA request number, you can check the status of your request online at: https://vault.fbi.gov/fdps-1/@@search-fdps.

Appealing a DOJ Response

1. Review the DOJ’s letter. If you are unsatisfied with the DOJ’s response to either your FOIA or Privacy Act requests, you can file an administrative appeal. One reason you may be dissatisfied is if the DOJ did not release all of the records to you but instead held them back and cited an exemption. The DOJ’s describes their exemptions as follows:
   • 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;
   • 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; or
     • could reasonably be expected to endanger the life or physical safety of any individual;
   • information relating to the supervision of financial institutions; and
   • geological information on wells.
2. Draft your appeal. Your appeal must be a persuasive argument setting forth the reasons for your appeal, and why the DOJ was incorrect in making its determination. Specifically, your letter should include the following:
   • 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.
   • State that the reason why the agency denied your request (whatever exemptions the agency cited).
   • Provide a brief argument as why the agency was incorrect. You should provide 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 located at: www.rcfp.org/fogg/index.php?i=ex1.
   • Restate that you are requesting the information for personal use and the information is about you.
   • Sign and date the letter.
   • You can find sample appeal letters and an appeal letter template at: http://www.rcfp.org/federal-foia-appeals-guide/sample-appeal-letters-and-templates.
3. Submit your appeal. You can mail a hard copy of 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.
   • You must submit your appeal within 60 days of the date of the letter you received releasing your information to you.
4. Wait for a decision. You will receive a letter with the agency’s decision about your appeal. If they agree with you, they may send you the documents or raise additional exemptions or concerns. If they deny your appeal, you cannot appeal any further.
   • If you are still dissatisfied with the agency’s decision, you could consider filing a lawsuit and having a judge decide on the issues.
   • This could be a costly and time-consuming process and you should contact an attorney experienced in handling FOIA disputes.

Tips

• 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.
• 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.

Warnings

• If you are seeking information about yourself or another living person, you cannot use the eFOIA Form to submit a Privacy Act Request about yourself or another living person.

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