22 C.F.R. § 40.5

Limitations on the use of National Crime Information Center (NCIC) criminal history information

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(a) Authorized access. The FBI's National Crime Information Center (NCIC) criminal history records are law enforcement sensitive and can only be accessed by authorized consular personnel with visa processing responsibilities.

(b) Use of information. NCIC criminal history record information shall be used solely to determine whether or not to issue a visa to an alien or to admit an alien to the United States. All third party requests for access to NCIC criminal history record information shall be referred to the FBI.

(c) Confidentiality and protection of records. To protect applicants' privacy, authorized Department personnel must secure all NCIC criminal history records, automated or otherwise, to prevent access by unauthorized persons. Such criminal history records must be destroyed, deleted or overwritten upon receipt of updated versions.

[67 FR 8478, Feb. 25, 2002]

Notes of Decisions

Cited in 1 case, 2020–2020 · leading case: United States v. Cabral, 979 F.3d 150 (2d Cir. 2020).

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United States v. Cabral, 979 F.3d 150 (2d Cir. 2020). “6 There is no claim by Cabral that USPIS was acting in 6We note that the NCIC database is consulted as part of the visa issuance process, see 22 C.F.R. § 40.5 (b), and so the very fact that Cabral was granted a visa might have alerted USPIS to the possibility that Cabral’s NCIC…”

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