How to Request Your Own FBI File: Privacy Act Steps, Forms and What to Expect

How to request your own FBI file under the Privacy Act: eFOIPA or mail, Form DOJ-361, what to include, exemptions, appeals, and how it differs from a rap sheet.

Short answer: to request your own FBI file, submit a Privacy Act request through the FBI's eFOIPA portal, or mail a signed letter with Justice Department Form DOJ-361 to the FBI in Winchester, Virginia. Include every identifier that helps them search. Expect exemptions, and know that you can appeal. Here is the process step by step, based on the FBI's own instructions.

FOIA vs Privacy Act: which one?

The FBI explains that it accepts requests under both laws. The Freedom of Information Act lets nearly anyone request records about organizations, events, investigations or deceased people. The Privacy Act of 1974 lets U.S. citizens and lawful permanent residents request records about themselves. For your own file, use the Privacy Act route; the FBI processes both together as "FOIPA."

USAGov notes the Privacy Act also gives you the right to ask for corrections to inaccurate records, subject to exemptions.

Step 1: choose online or mail

Online: eFOIPA

The FBI's eFOIPA portal at efoia.fbi.gov accepts all FOIPA request types, including first-party Privacy Act requests. The FBI says most responses are delivered electronically, with mail used when needed.

By mail

Follow the instructions on Form DOJ-361 and send a signed letter to: Federal Bureau of Investigation, Attn: Initial Processing Operations Unit, Record/Information Dissemination Section, 200 Constitution Drive, Winchester, VA 22602.

The FBI requires that you either have the request notarized or include a sworn statement under penalty of perjury that you are the person named, acknowledging that false statements are punishable under 18 U.S.C. 1001.

Step 2: include the right identifiers

Full legal name and every name you have used.
Date and place of birth.
Social Security number (the FBI asks for it to aid searching).
Current and former addresses and localities.
Any known FBI contact, interview, investigation, employment or background check, with dates and places.

The more specific you are, the better the search. Vague requests get vague results.

Step 3: understand what you will get

Many people receive a "no records" response, which usually means no main file was found under your name. Others receive records with redactions under exemptions covering national security, law-enforcement techniques, informants or other people's privacy. USAGov's guidance notes agencies may withhold records protected by exemptions.

Before filing, check the FBI Vault for already-released files on events or organizations you were involved with.

Step 4: appeal if needed

If records are withheld or the search seems inadequate, the denial letter explains how to appeal to the Justice Department's Office of Information Policy and the deadline. Appeals can lead to a new search or fewer redactions. After that, the law allows a lawsuit in federal court.

Not the same thing: your rap sheet

The FBI's Identity History Summary, often called a rap sheet, is a different product. It comes from the Criminal Justice Information Services Division, requires fingerprints and costs $18, according to the FBI. It lists arrests and related records, not investigative files. Use it for immigration, adoption or employment checks; use a Privacy Act request if you want to know whether the FBI kept a file on you.

Requests about other people

For a living person, the FBI generally requires their written consent, using the authorization section of Form DOJ-361. For deceased people, include proof of death, such as an obituary or death certificate.

Documented vs opinion

Documented: the steps, address, forms and fees above come from the FBI's and USAGov's published guidance; check them before filing, since procedures change. Our opinion: requesting your own file is a normal civic act, not a red flag. History shows why it matters: programs like COINTELPRO came to light through documents, and Privacy Act requests are how individuals check the record for themselves.

Sources

FBI, "Requesting FBI Records" (fbi.gov, Freedom of Information/Privacy Act section).
FBI eFOIPA portal: efoia.fbi.gov
USAGov, Get copies of your government files through the Privacy Act: www.usa.gov
FBI, "Does the FBI provide arrest records at the request of private citizens?" and Identity History Summary FAQs (fbi.gov).
U.S. Department of Justice, Certification of Identity Form DOJ-361.
Privacy Act of 1974, 5 U.S.C. 552a; Freedom of Information Act, 5 U.S.C. 552.

Frequently asked questions

How do I request my own FBI file?

Submit a Privacy Act request through the FBI's eFOIPA portal, or mail a signed letter with U.S. Department of Justice Certification of Identity Form DOJ-361 to the FBI's Record/Information Dissemination Section in Winchester, Virginia.

What information should I include?

Your full name, mailing address, aliases, date and place of birth, Social Security number, former addresses, and details of any FBI contact or investigation you believe exists.

Is an FBI file the same as a rap sheet?

No. A rap sheet, called an Identity History Summary, is a criminal history check from the FBI's CJIS Division and costs $18. A Privacy Act request seeks investigative and other records about you.

Can the FBI refuse to release my file?

The FBI can withhold material under FOIA and Privacy Act exemptions, such as national security or ongoing law-enforcement records. You can appeal a denial to the Justice Department.

Can I request someone else's FBI file?

For a living person, generally only with their written consent on Form DOJ-361. Files on deceased people can be requested with proof of death.