28 C.F.R. § 50.12

Exchange of FBI identification records

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(a) The Federal Bureau of Investigation, hereinafter referred to as the FBI, is authorized to expend funds for the exchange of identification records with officials of federally chartered or insured banking institutions to promote or maintain the security of those institutions and, if authorized by state statute and approved by the Director of the FBI, acting on behalf of the Attorney General, with officials of state and local governments for purposes of employment and licensing, pursuant to section 201 of Public Law 92-544, 86 Stat. 1115. Also, pursuant to 15 U.S.C. 78q, 7 U.S.C. 21 (b)(4)(E), and 42 U.S.C. 2169, respectively, such records can be exchanged with certain segments of the securities industry, with registered futures associations, and with nuclear power plants. The records also may be exchanged in other instances as authorized by federal law.

(b) The FBI Director is authorized by 28 CFR 0.85(j) to approve procedures relating to the exchange of identification records. Under this authority, effective September 6, 1990, the FBI Criminal Justice Information Services (CJIS) Division has made all data on identification records available for such purposes. Records obtained under this authority may be used solely for the purpose requested and cannot be disseminated outside the receiving departments, related agencies, or other authorized entities. Officials at the governmental institutions and other entities authorized to submit fingerprints and receive FBI identification records under this authority must notify the individuals fingerprinted that the fingerprints will be used to check the criminal history records of the FBI. The officials making the determination of suitability for licensing or employment shall provide the applicants the opportunity to complete, or challenge the accuracy of, the information contained in the FBI identification record. These officials also must advise the applicants that procedures for obtaining a change, correction, or updating of an FBI identification record are set forth in 28 CFR 16.34. Officials making such determinations should not deny the license or employment based on information in the record until the applicant has been afforded a reasonable time to correct or complete the record, or has declined to do so. A statement incorporating these use-and-challenge requirements will be placed on all records disseminated under this program. This policy is intended to ensure that all relevant criminal record information is made available to provide for the public safety and, further, to protect the interests of the prospective employee/licensee who may be affected by the information or lack of information in an identification record.

[Order No. 2258-99, 64 FR 52229, Sept. 28, 1999]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1976–2024 · leading case: Tarlton v. Saxbe, 407 F. Supp. 1083 (D.D.C. 1976).

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Tarlton v. Saxbe, 407 F. Supp. 1083 (D.D.C. 1976). · cites it 2× “28 C.F.R. §§ 50.12 (b)-(c). As previously indicated, overall statistics show that while 70% of the FBI criminal records contain at least one offense without disposition, the reporting rate has improved significantly in recent years.”

Smith v. Bank of Am. Corp., 865 F. Supp. 2d 298 (E.D.N.Y 2012). “See Exchange of FBI Identification Records, 28 C.F.R. § 50.12 (2011). IV. Application of Law to Facts It is not clear from the complaint whether plaintiffs claim is brought pursuant to Section 296(15) or Section 296(16) of New York’s Executive Law.”

Robinson v. State of Alaska, DHSS, BCP, SDS (D. Alaska 2024). · cites it 2× “5 Plaintiff asserts jurisdiction under 28 C.F.R. §§ 50.12 and 16.34.6 However, as the Court stated in its previous Screening Order, Plaintiff has not pleaded sufficient facts to support a claim under the due process clause of the Fourteenth Amendment.”

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