Buzz
Expert Guidance on Accessing Your FBI Record and Appealing Rejections
It's your right to know if the FBI has a file on you—and you're entitled to view its contents. FBI files contain various sensitive details, from investigations to federal employment and military service. Thanks to the Freedom of Information Act and Privacy Act, you have legal access to these classified documents (if they exist) whenever you wish. All you need is a detailed request. Read on for expert advice on requesting your FBI files and appealing to the Department of Justice if your request is denied.
Key Information
- 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 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 deem the information should remain classified.
- If you disagree with the DOJ’s decision, draft an appeal arguing why you believe their decision was unjust. Submit your appeal online or via mail.
Procedures
How to Request Your FBI File Using the Freedom of Information Act (FOIA)
Prepare your FOIA request. The Freedom of Information Act (FOIA) allows individuals to request access to federal government records. To request your FBI file under FOIA, write a detailed letter specifically asking for the desired file, providing any additional information that can help identify the records. There is a standard $25 fee for FBI requests. Ensure your letter includes:
- Your personal information: name, address, phone number, and email address
- Date
- Written acknowledgment of FOIA request
- Date range of the request (from your date of birth to present)
- Description of the request (e.g., copies of all information such as files, correspondence, reports)
- Details about you (name, date of birth, social security number, etc.)
- Scope of the search, including FBI’s indices and Field Offices
- Confirmation of personal use
- You can find a sample letter here.
Send your request. Once you've prepared your letter, send it to the FBI via mail, fax, or email.
- Mail: Federal Bureau of Investigation, Attn: FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843.
- Fax: (540) 868-4391/4997
- Email: [email protected] (attach PDF and include request in email body)
Track your request. Regularly check for updates on your request by contacting the FOIA’s Public Information Officer at (540) 868-4593 or checking online here using your request number.
- Agencies must respond within 20 business days, with a possible 10-day extension for large or complex requests.
Wait for response. Upon completion of the search, you'll receive a letter with your record. If only part of the file is provided, the letter will explain exemptions. For large files, a negotiator may contact you to refine search parameters.
- The letter will detail pages reviewed and released.
How to Make a Privacy Act Request
Fill out the DOJ-361 form. To request your FBI records under the Privacy Act, complete the U.S. Department of Justice (DOJ)’s Certification of Identity (361) Form. Provide personal details such as name, date of birth, social security number, and citizenship status.
- You can either save the completed form as a PDF or print it out.
Opt for a letter request if you prefer. Instead of using the DOJ-361 form, you can draft a letter to the DOJ containing specific information, including your full name, citizenship status, social security number, current address, and date of birth. The letter should include a sworn oath and your signature.
- Print your name, sign, and date the letter before submission.
- A sample Privacy Act Request letter can be found here.
Send your form or letter to the DOJ. Once your form or letter is ready, send it to the DOJ via mail, fax, or email. Both Privacy Act and FOIA requests are handled by the same department initially, so you'll send it to the same address regardless of the document.
- Mail: Federal Bureau of Investigation, Attn: FOI/PA Request, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843.
- Fax: (540) 868-4391/4997
- Email: [email protected]. Attach a scanned copy of your request and include the request in the email body.
Await a response from the FBI/DOJ. Expect a letter from the FBI processing center within a month, containing your requested materials. If any materials were withheld, the letter will explain the reasons for the exemptions.
- You can inquire about your request status by calling (540) 868-4593 or checking online here with your FOIA request number.
How to Appeal a DOJ Response
Review the DOJ’s response reasons. If dissatisfied with the DOJ’s response to your FOIA or Privacy Act requests, file an administrative appeal. Reasons for dissatisfaction may include the DOJ withholding records citing exemptions. The DOJ justifies these exemptions as follows:
- Classified national defense and foreign relations information
- Internal agency personnel rules and practices
- Information prohibited from disclosure by another federal law
- Trade secrets and other confidential or privileged commercial or financial information
- Inter-agency or intra-agency communications protected by legal privileges
- Information involving personal privacy matters
- Supervision of financial institutions information
- Geological information on wells
- Records or information compiled for law enforcement purposes
Draft your appeal. Write a persuasive argument for your appeal, addressing why the DOJ’s determination was incorrect. Include:
- Address: 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: FOIA Appeal and/or Privacy Act Request Appeal
- Date and brief description of your original request
- Reasons for denial and exemptions cited
- Written acknowledgment of personal use request
- Your signature and date
- Provide specific arguments for each exemption, using guidance from the Federal Open Government Guide here.
Submit your appeal. Complete your letter with necessary details and submit it online here or via mail to the DOJ’s Office of Information Policy (OIP). Address: 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 receiving the DOJ’s response.
Await the decision. Expect a letter from the OIP within about 20 business days. The decision may include releasing documents, raising additional exemptions or concerns, or partially agreeing with your appeal. If denied, you can resubmit.
- If dissatisfied after multiple remands, consider legal action, though it’s complex and costly. Consult an attorney experienced in FOIA disputes.
Useful Tips
-
If you need assistance with filing FOIA or Privacy Act requests, contact the FOIA Requestor Service Center at (540) 868-1535 for helpful recorded information.
-
You can streamline your process by submitting a combined FOIA and Privacy Act request for your personal file. Include all necessary details for both requests in one letter.
Important Warnings
- If you're seeking information about yourself or another living individual, you cannot use the eFOIA Form to submit a Privacy Act Request.
