- 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.
Submitting a Freedom of Information Act Request (FOIA)
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. Double check to ensure your letter also includes the following: 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.
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. 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: [email protected]. In addition to attaching a PDF of your request, write your request in the body of the email.
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.
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. The letter will also indicate the number of file pages that were reviewed and the number of pages that were released to you.
Making a Privacy Act Request
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. You can save the completed form as a PDF or print the completed form.
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: 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.
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. 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: [email protected]. In addition to attaching a copy of your request, write your request in the body of the email.
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. 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 here.
Appealing a DOJ 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: 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
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.
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. Submit your appeal within 60 days of the date you received the DOJ’s response.
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. 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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