By Parviz Malakouti-Fitzgerald, Esq.
Clearing your FBI IdHS can be help with getting a new start abroad
In many cases, it is possible to get a California juvenile record entirely removed from your FBI background Check (Identity History Summary).
Removed as in GONE. No mention of it whatsoever.
The first part of the process (the record sealing) is done with the relevant court. The second part of the process (the challenge and update of the FBI background check) is done with the California Department of Justice and the FBI Criminal Justice Information Services (CJIS).
At Malakouti Law, we help our clients do this.
Article Outline:
This can obviously be an invaluable update for Americans applying for second citizenship, residency or visa (although we still recommend people make a full disclosure when required).
Additionally, this kind of update can also possibly be of great benefit relating to foreign employment, California state licensing (real estate, nursing, professionals, etc.) and entry to military bases.
There are a lot of steps to this process. In this article, we go step by step over what the procedure looks like from start to finish. In this article, we refer to the “FBI Identity History Summary” and “FBI background check” interchangeably.
Order Your FBI Identity History Summary (“IdHS”)
The first step is to order your FBI IdHS to see what negative information related to your California juvenile record appears on it.
Use our guide here on how to request the FBI IdHS from within the United States or from outside of the United States. You have to choose a method to submit both an application and your fingerprints. Here is a quick and dirty summary of those methods.
Note: Generally, if you’re in the United States, you’ll probably want to obtain your fingerprints from a qualifying USPS office, and if you’re outside the United States, you’ll probably have to submit your fingerprints on a paper FD-1164 form.
Sample FBI IdHS with criminal information
Once you’ve obtained a copy of your identity history summary, you review it to see what shows.
Petition For a Juvenile Record Sealing in Court
If your juvenile history record appears on your FBI background check, you need to get screened by a lawyer to see if your record is eligible for sealing under Section 781 of the California Welfare and Institutions Code.
If your record is sealable, you’ll want to proceed. The process for sealing a juvenile record can vary a bit depending on the county. The process typically looks something like this:
Step 1 - Make a request of the county probation department to seal your record
Step 2 - The county probation department determines whether they recommend sealing of the record
Step 3 - Filing of the petition to seal records with the Superior Court of California
Step 4 - A contested court hearing (if the probation department does not recommend sealing) or an uncontested court hearing (if the probation department does recommend sealing).
If the hearing is uncontested, you or your counsel may not need to appear at the hearing.
Your California courthouse might look something like this, although you might not need to see it in person
The chances of a person having their juvenile record successfully sealed depends on a variety of factors that are beyond the scope of this article. If the court grants the record sealing, you’ll receive an Order to Seal Juvenile Records. Its caption reads:
“ORDER TO SEAL JUVENILE RECORDS - WELFARE AND INSTITUTIONS CODE SECTION 781.”
Sample caption of an California Order to seal juvenile records
Congratulations - at this point your California juvenile record has been sealed. Getting this record sealed can also have other great benefits for your life.
Now you can move on to the step of challenging your FBI background check.
You do that by ordering and challenging your California DOJ background check first. For an explanation of why you need to go through the CalDOJ first, skim our article on The Basics of an FBI Background Check (Identity History Summary).
Otherwise, keep reading!
Note: if you were convicted of a misdemeanor as an adult, your process for obtaining some sort of post-conviction dismissal and FBI background check update is different. Read more here.
Obtain your California DOJ Background Check
Your next step is to order your California DOJ background check. You have to take this step for two reasons.
First, the way you challenge California state criminal information showing on an FBI background check is to first challenge your California DOJ background check. Second, to challenge that CalDOJ, you must first request a copy of your CalDOJ background check to get your California identification and information (“CII”) number. You need this number when you challenge your CalDOJ background check (on the form BCIA 8706).
Portion of a Sample BCIA 8706 with request for CII number
Here’s our step-by-step guide on getting a copy of your CalDOJ report. You can request the report by going to a livescan location (in-state) or by mailing in your fingerprints.
You usually receive the CalDOJ report by mail 1-3 weeks after submitting your request. Once you’ve received the CalDOJ report and it’s been reviewed carefully, you can proceed to the next step.
Make a Challenge to the California DOJ
Background Check
After you receive your CalDOJ report, you challenge your FBI background check based on the information in the CalDOJ report. As mentioned before, you can challenge FBI background check information by going through the California department of Justice.
This is because, the FBI CJIS, being a repository that collects criminal data from local criminal justice agencies around the United States, defers to those agencies for updates, changes, and corrections to a person’s FBI background check. The protocol is memorialized in 28 CFR 16.34.
28 CFR 16.34
At Malakouti Law, we make the CalDOJ challenge by submitting a challenge packet.
The challenge packet includes all supporting documentation for our claim that the CalDOJ & FBI IdHS records should be updated, including order(s) of dismissal, FBI IdHS copies, and the challenge form, as well as a one to two page cover letter outlining the change requested and the legal grounds for the challenge.
The CalDOJ record review section accepts challenges by both email (recordreview@doj.ca.gov) and by mail at Bureau of Criminal Information and Analysis Record Quality Services Program, P. O. Box 903417 Sacramento, CA 94203-4170. This author believes best practice is to email the challenge package when possible.
After submitting your California DOJ background check challenge packet, you wait for a response.
Order Your FBI IdHS Again (to Confirm the Removal)
If the CalDOJ approves your record challenge, you’ll receive a letter back from them confirming they have made the change (removal of the juvenile record) to your CalDOJ report and HAVE requested that the FBI CJIS do the same to your FBI IdHS.
This is saying that the CalDOJ has set in motion to change your background check at two levels - both the California state-level background check and the FBI nation-wide identity history summary.
At this point, you should order another FBI IdHS for yourself (in addition to the one you ordered at the beginning of this process). This second report is to verify manually that the juvenile record has been actually removed as promised by the CalDOJ.
If the process has been successful, your FBI background check previously showed the juvenile record, your FBI background updated check will read:
"A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. THIS DOES NOT PRECLUDE FURTHER CRIMINAL HISTORY AT THE STATE OR LOCAL LEVEL."
Real language taken (with Client's permission) from an FBI IdHS that was successfully updated
This is the same language that appears for an FBI IdHS applicant who has never had any criminal record whatsoever. That’s excellent for applicants.
This is a total success.
How Long It Takes - Timelines!
3-10 months is the average period of time
Exact timelines vary from case to case, but here is a general idea of how long most cases take.
Obtainment of your FBI IdHS - 1 day to 4 weeks
Attorney screening of the juvenile record data on the FBI IdHS - 3 days to 1 week
Preparation of juvenile sealing petition - 1 week
Submission of the petition & review of probation department - 2 weeks to 2 months
Review of the petition by the court - 2 weeks to 2 months
Obtainment of the Order of Sealing - 3 days to 1 week
Obtainment of CalDOJ background check - 1 week to 3 weeks
Review of CalDOJ background check - 1-2 days
Preparation of CalDOJ challenge packet - 1 week
Submission of CalDOJ challenge packet and CalDOJ review - 1 month to 3 months
Obtainment of your FBI IdHS (again) - 1 day to 4 weeks
Review of your FBI IdHS - 1 to 2 days
The total timeline range is from about 3 months to 10 months.
That may appear to be a rather wide timeline range. You’ll notice the timeline for this process depends largely on two factors.
First, the fluctuations in the caseloads of the respective probation departments and courts in the county of the juvenile record, and the caseload of the CalDOJ record review at the time you make your challenge submission.
Second, whether you (the applicant) are in the United States or not. If you are outside of the United States, obtaining your FBI IdHS could take up to 4 weeks or so, as opposed to a single day if you are inside the United States.
At the end of this period, if all has gone according to plan, you end up with an FBI Identity History Summary that appears the same as if you had never had any brush with the law whatsoever. This type of improvement of an FBI IdHS is quite rare to attain. Most other types of beneficial update that are available still leave behind data that demonstrates a previous arrest, charge or conviction.
Request a Consultation with Malakouti Law
At Malakouti Law, we have shepherded many people through the entire process of updating their FBI background checks after a California conviction, whether to pursue second citizenship or for other benefits.
Click here to book a consultation.
Each immigration and citizenship case is particular and you should consult with a qualified immigration and citizenship lawyer about your case before taking any steps. The Law Office of Parviz Malakouti does not guarantee the accuracy of information presented nor assume responsibility for actions taken in reliance of this information. The information in this page could become outdated. Attorney marketing.