28 C.F.R. § 16.31

Definition of identification record

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An FBI identification record, often referred to as a “rap sheet,” is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, includes information taken from fingerprints submitted in connection with federal employment, naturalization, or military service. The identification record includes the name of the agency or institution that submitted the fingerprints to the FBI. If the fingerprints concern a criminal offense, the identification record includes the date of arrest or the date the individual was received by the agency submitting the fingerprints, the arrest charge, and the disposition of the arrest if known to the FBI. All arrest data included in an identification record are obtained from fingerprint submissions, disposition reports, and other reports submitted by agencies having criminal justice responsibilities. Therefore, the FBI Criminal Justice Information Services Division is not the source of the arrest data reflected on an identification record.

[Order No. 2258-99, 64 FR 52226, Sept. 28, 1999]
Notes of Decisions
Cited in 8 cases, 1976–2016 · leading case: United States v. Lucido, 612 F.3d 871 (6th Cir. 2010).
United States v. Lucido, 612 F.3d 871 (6th Cir. 2010). · cites it 2× “85 (f) (instructing the Director of the FBI to operate "a computerized nationwide index of law enforcement information"); 28 C.F.R. § 16.31 ("FBI identification record[s]" include "date of arrest," "arrest charge" and "the disposition of the arrest"); 28 C.”
Donoghue v. Off. of Info. Policy, 157 F. Supp. 3d 21 (D.D.C. 2016). “; see 28 C.F.R. § 16.31 (2012) (defining “[a]n FBI identification record, often referred to as a ‘rap sheet’ ”).”
The Reporters Comm. for Freedom of the Press v. United States Dep't of Just. (Two Cases), 816 F.2d 730 (D.C. Cir. 1987). “See 28 C.F.R. § 16.31 (1986). A rap sheet typically contains information concerning an individual's arrests, indictments, convictions and imprisonments, and a notation of the source of the information.”
Sieverding v. United States Dep't of Just., 693 F. Supp. 2d 93 (D.D.C. 2010). “, Exhibit 26; see 28 C.F.R. § 16.31 (describing FBI identification records).”
McDonnell v. United States, 4 F.3d 1227 (3rd Cir. 1993). “2 (citing 28 C.F.R. § 16.31 (1986)). A rap sheet typically includes information concerning an individual's arrests, indictments, convictions, and imprisonment, and a notation of the source of the information.”
Hammons v. Scott, 423 F. Supp. 625 (N.D. Cal. 1976). “” 28 C.F.R. § 16.31 . 2 . This statute reads: “(a) The Attorney General shall— (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; and (2) exchange these records with, and for the official use of, authorized officials…”
Codner v. Attorney Gen. of the United States, 661 F. App'x 224 (3rd Cir. 2016). “Virgin Islands, the document, which is a compilation, not a source, of data, see 28 C.F.R. § 16.31 , does not put in dispute Codner’s Jamaican nationality, given the wealth of evidence about it in the record.”
Sieverding v. United States Gov't (D.D.C. 2010). “, Exhibit 26; see 28 C.F.R. § 16.31 (describing FBI identification records).”
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