Since the DHS is a federal agency and relies, often exclusively, on FBI criminal history records, it is most important to obtain the FBI rap sheet concerning the client.  This is most easily done directly by the client, who can receive the FBI record by writing a letter to the FBI asking for a “background search.”  S/he must submit the following: (1) full name; (2) date and place of birth; (3) a set of fingerprints (which can be obtained from most police departments or “photo/fingerprint” shops);[30] and (4) an $18 fee (certified check or money order payable to the “U.S. Treasury”).  This information should be sent to:

 

Attn: Special Correspondence Unit

Federal Bureau of Investigation

Criminal Justice Identification Services

United States Department of Justice

1000 Custer Hollow Road

Clarksberg, West Virginia 26306. 

 

The telephone number is (304) 625-3878.  Check to see if any changes of fee, procedure, or forms have been adopted.  If the client cannot afford the fee, s/he may apply for a fee waiver by including a claim and proof of indigence.  The client’s letter can request that the FBI criminal history report be sent directly to his or her attorney, if desired.  It generally takes five weeks or so to receive the report.

[30] The police department may charge a small fee, usually no more than $10, for the service of taking the client's fingerprints and providing a completed fingerprint card to the client.  (E.g., California Penal Code § 13300e.)  The client should be instructed not to inform the police department, DMV, or other official source of fingerprints that the prints are sought for immigration purposes, as it is not contemplated that these fingerprints will be submitted to the DHS and the agency may refuse to provide the prints under those circumstances, since the immigration authorities have especially demanding requirements for obtaining fingerprints for immigration purposes.  The client should simply state s/he wants to see his or her own criminal record.

Lower Courts of Second Circuit

POST CON RELIEF - FEDERAL - EXPUNGEMENT OF NCIC RECORD
It took the petitioner in Doe v. Immigration & Customs Enforcement, __ F.Supp.2d ___, 2006 U.S. Dist. LEXIS 28300 (S.D.N.Y. May 16, 2006) several years and two district court decisions to get his record expunged. Take a look at the orders in that case, which describe the process for expunging an incorrect NCIC record. Thanks to Dan Kesselbrenner.