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Updating Criminal History Information FAQs
If you have ever been arrested and fingerprinted, you will in all probability have an arrest record on file.
I’ve been arrested. I have requested a copy of my record but nothing comes up. Why?
Arrest fingerprint cards must be submitted to the OSBI. If the fingerprint card was not submitted or the fingerprints were not retained because of poor quality, we will not have a record.
There is some erroneous information on my record. How do I get it corrected?
All of the information that we receive comes on a fingerprint card from the arresting agency. If you feel the charge information is wrong, contact the arresting agency. Upon review of their records, the arresting agency should contact the OSBI with the results.
Your files show I am a felon, but I am not.
Many people interpret the “felony” listed below the charge at arrest as a conviction. (This information is in the center of the rap sheet under the heading CHARGE AT ARREST). This indicates the person was arrested for a felony offense, not necessarily convicted.
Who do I send the documents to and can I fax them?
If charges were filed, send certified document(s) to OSBI, Attn: CDC&A Unit. If charges were not filed, obtain all necessary document(s) and send to OSBI, Attn: CHMU. We can accept faxes only from law enforcement agencies and the courts. A certified hard copy must also be mailed. We cannot accept faxes from individuals.
How do I get something removed from my record?
A court order is required to have anything completely removed or expunged from the OSBI files. You should contact an attorney or legal aid to see if you meet the qualifications.
Can you tell me what are the qualifications for an expungement?
If I was never convicted of a crime, why does it show on my record?
The OSBI criminal records are a history of a person’s arrests, not just conviction.
I was told once I had completed my deferred sentence, it would no longer be part of my record. Why is it still showing?
When you have successfully completed a deferred sentence, your original plea of guilt or no contest can be removed from the record and the case is dismissed. You will need to contact the Court Clerk’s and/or District Attorney’s Offices for a certified copy of your deferred dismissal order. Your record can then be updated to reflect a disposition of – Pled Not Guilty, Case Dismissed. The arrest will still be a part of your record; only the original plea is removed/expunged.
The charges listed on my OSBI record are incorrect. I was not charged with these offenses. Why are they there and how do I get them corrected?
(The key phrase is “I was not charged”)
A person can be arrested for one offense, but formally charged with an entirely different offense. This is common practice. The final disposition should note what charge(s) were filed and the outcome. If you still feel the charge at arrest is incorrect, you will need to contact the arresting agency.
Whose job is it to make sure a final disposition is added to a record?
There are procedures throughout the judicial system to furnish us with the information that shows the outcome of the case. However, we do not always receive that information. Ultimately it is the responsibility of the individual to make sure his/her record is complete.
I was arrested when I was a juvenile. Will this show up?
We do not maintain juvenile criminal history information.
Someone has used my name, date of birth, etc. How do I get my information off of his/her record?
You will need to come to our office to be fingerprinted. Please bring photo identification. We will compare your prints against the ones on file under your information; we will also run your fingerprints through our fingerprint system (AFIS). If it is determined you do not have a record in our files, we will give you documentation stating this. Your information cannot be removed from the other person’s record. This is a bone fide alias; the person has used it once and may use it again. After you have finished the fingerprint process, any future commercial inquiries on your information will still get a copy of the record; however, we will also contact the requestor and explain that you have been a victim of identity theft.
I live out of town/state and I cannot come to the OSBI to be fingerprinted. What else can I do?
You can go to your local law enforcement agency to be fingerprinted. You need to take photo identification and provide a short statement explaining your situation. The statement should also include your mailing address and daytime telephone number.
In order to maintain the integrity of the fingerprints, the law enforcement agency must mail the fingerprint card to the OSBI, along with your statement and a copy of your photo identification.
Upon receipt, we will process your prints and mail the results directly to you.
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