Foreign Criminal Information Showing on your FBI Background Check (IdHS)?

 By Parviz Malakouti-Fitzgerald, Esq.

Jeffrey Epstein's FBI background check with data as early as 1973

Jeffrey Epstein's old FBI background check illustrates a little-known fact - foreign criminal information can indeed show up on your FBI Identity History Summary. I’m referring to arrests, charges, convictions from a foreign country showing up on your FBI Identity History Summary (IdHS). 

Here, Epstein’s FBI background check shows he was arrested by New Scotland Yard in 1973 for possession of a sword-stick. New Scotland Yard even has its own unique Originating Agency Identifier (ORI) #- EN90010Z, shown in Epstein's FBI report. The ORI is the unique identifier that criminal justice agencies use to report criminal data to the FBI CJIS. 1981 The 1981 ORI directory can be found here (most ORI codes are still the same).

Fun fact: I’ve had two clients with FBI background checks that had foreign criminal information from New Scotland yard, using this very same ORI. I guess it’s a function of how many Americans visit and live in London…

Many major criminal justice agencies, like New Scotland Yard, outside the United States have ORIs. When a foreign criminal justice agency without an ORI is the source of the information, the FBI CJIS defaults to generic codes based on the country. 

How Does that Foreign Criminal Info Get on the FBI Background Check?

Oftentimes the trigger for that foreign criminal info - arrests, charges, convictions - to show up on the FBI IdHS is that the person is subsequently processed by U.S. authorities somehow. Common examples include deportations and extraditions. In my experience, I’ve seen this happen when a client of mine was deported to the United States previously, after the arrest, charge or conviction in the foreign country. 

The bottom line is that even foreign criminal information can show on your FBI identity history summary.

Those items on the FBI IdHS can sometimes still be challenged, and updated to either remove them or add softening language, particularly if some sort of post-conviction relief was obtained. As with U.S. state level arrests, charges and convictions, the extent to which they can be removed or altered in the FBI IdHS depends on the law of the jurisdiction of the criminal justice agency providing the information. As with domestic criminal information, the FBI CJIS defers to the contributing criminal justice agency for changes.

Some jurisdictions offer more opportunities for post-conviction relief than others. So sometimes there's a chance.

Sometimes there's a chance...of challenging and updating the FBI IdHS

Request Consultation with Malakouti Law

Challenging and updating the FBI IdHS is one of the strategies available to help Americans with a criminal record pursue second citizenship.

At Malakouti Law, we help Americans pursue second citizenship options. To request a consultation, click here.

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.