Criminal Record Errors: Mistaken Identity and Wrong Dispositions

To fix an error on your criminal record, get a copy of the record from the agency that holds it, collect certified court documents proving what the entry should say, and file a formal written challenge with that agency. At the federal level the process is free and laid out in 28 CFR 16.34; state repositories and private background check companies follow their own tracks. Which path you take depends on where the mistake lives.¹

Start By Pulling Your Own Record

You can’t dispute what you haven’t seen. Request the same report an employer or landlord would see. The FBI’s version is called an Identity History Summary, often referred to as a RAP sheet. You get it by mailing a written request with rolled fingerprint impressions to the FBI’s Criminal Justice Information Services Division in Clarksburg, West Virginia. The current fee is $18.²³

Most states run their own criminal history repositories, and you can request that record separately from your state’s identification bureau. Read every line: name spelling, date of birth, arrest dates, charges, and the final outcome for each case. Note any State Identification Number or Transaction Control Number attached to an entry. Those numbers are how you’ll point the reviewer at the exact line you want corrected.

Gather the Documents That Prove the Mistake

A challenge without evidence goes nowhere. The strongest proof comes from the court that handled the case, because court records are treated as the authoritative source of what actually happened. Go to the clerk of court and request certified copies of whatever paperwork shows the correct outcome: a final disposition, an order of dismissal, a judgment reflecting the actual plea or verdict. Certified copies carry a raised seal or original clerk’s signature. Fees vary by jurisdiction and typically run from a few dollars up to around $25 per document.

You’ll also need a current set of fingerprints. Prints are how the FBI verifies you are who you say you are, and how it distinguishes your record from anyone else’s. Local police departments and private vendors take fingerprints for a modest fee. Some pieces of the package may need notarization.

If the error stems from identity theft, file a report with your local police and include a copy in your challenge. That report creates a paper trail linking the fraudulent arrest to someone using your identity. Anything else that supports the correction — proof you were elsewhere on the date of arrest, records showing a name or date-of-birth discrepancy — belongs in the package too.

File a Formal Challenge With the FBI

Federal regulations give you the explicit right to challenge any entry on your Identity History Summary. Under 28 CFR 16.34, you can send your challenge either to the agency that originally submitted the data or to the FBI directly. If it goes to the FBI, the bureau forwards it to the contributing agency, asks that agency to verify or correct the entry, and updates your record based on what comes back.¹

Mail the package to the FBI CJIS Division at 1000 Custer Hollow Road, Clarksburg, WV 26306. Include your forms, fingerprints, and copies of your supporting documentation. State clearly which entry is wrong and why. There is no fee to file a challenge, and average processing time runs about 45 days from receipt.³

If the error is in a state record rather than the FBI’s file, contact the identification bureau for that state. Each state has its own repository and its own challenge process, and some charge processing fees while others don’t. The FBI maintains a directory of state identification bureaus on its website.

Mistaken Identity Errors

Mistaken identity means someone else’s criminal history is showing up under your name. This happens when two people share a name and close biographical details, or when someone gave your name and Social Security number during an arrest.

Fingerprints settle these cases. When you file a mistaken identity challenge, the repository compares the prints taken at the disputed arrest against your current prints. If they don’t match, the entry belongs to someone else and the agency must remove it. Because the comparison is biometric rather than biographical, challenges backed by fingerprint evidence tend to resolve more cleanly than other kinds.

Wrong Disposition Errors

Disposition errors are different. The arrest is correctly attributed to you, but the outcome recorded is wrong. A dismissed case still shows as pending. Dropped charges appear as convictions. A plea to a lesser offense never replaced the original charge. These mistakes are common because arrest data and disposition data often move through separate channels that don’t always sync.

To fix a disposition error, submit the certified court document showing the actual outcome along with your challenge form. Court records carry more weight than police arrest logs, so a certified disposition from the clerk’s office will override what the law enforcement database currently shows. This correction matters heavily for employment and housing applications, where a dismissal marked as a conviction can change the answer on your application.

Disputing Errors With a Private Background Check Company

Fixing your government record is only half the work. Most employers and landlords don’t pull from the FBI or a state repository directly. They hire private background screening companies, which fall under the Fair Credit Reporting Act. Those companies are required to follow reasonable procedures to keep their reports accurate.⁴

If an employer plans to deny you a job based on a background check, federal law requires them to give you a copy of the report and a written summary of your rights before the decision is final.⁵ That pre-adverse-action notice is your window to spot the error and dispute it.

Send a written dispute to the screening company, and use certified mail with return receipt so you have proof of delivery. Attach the same certified court documents you’d use for a government challenge. Once the company gets the dispute, it has 30 days to reinvestigate. If the disputed information can’t be verified, it must be deleted or corrected, and the company must tell you the results within five business days after finishing.⁶

After a successful dispute, you can ask the company to send the corrected report to anyone who received the inaccurate version within the past two years. You’re also entitled to another free copy of your report within 60 days of the dispute.

When a Screening Company Won’t Cooperate

If the company ignores your dispute or refuses to fix a verified error, you have legal recourse. The FCRA lets you sue for willful noncompliance. Statutory damages run from $100 to $1,000 per violation, and courts can also award actual damages if higher, punitive damages, and reasonable attorney’s fees.⁷ Many consumer attorneys take these cases on contingency because the statute shifts fees to the defendant, so hiring counsel shouldn’t be blocked by cost.

Save everything: the dispute letter, the return receipt, any response, and records of the employment or housing decision. That paper trail is what turns a bureaucratic dispute into a viable claim.

When a Government Agency Denies Your Challenge

Sometimes the contributing agency insists the record is right. At the federal level, 28 CFR 16.34 ties the FBI to what the contributing agency reports back — if that agency says the entry is accurate, the FBI will not override it on its own.¹ For nonfederal arrest data, the FBI directs individuals to the state identification bureau for the state where the offense occurred.³

Take your documentation back to the original contributing agency and request a review. If that fails, you can petition the court that handled the original case. A judge can issue an order directing the agency to amend its records, and both the state repository and the FBI must comply with a valid court order. Getting a court order adds time and cost, but it’s the definitive fix when administrative channels stall.

Correcting a Record Is Not the Same as Expunging One

A correction fixes factual errors — wrong disposition, mistaken identity, outdated information. You’re asking the agency to make the data match reality. Expungement is different: the record is accurate, but a court orders it sealed or destroyed so most employers and landlords can’t see it.

The legal requirements are entirely different. Correction is an administrative right under 28 CFR 16.34 and similar state regulations. Expungement is a judicial process governed by state law, with eligibility rules that vary by waiting period, offense type, and prior record. If your record is accurate but you want it hidden, expungement is the process to look at. If the entry is wrong, the correction process is the one you need, and starting down the wrong path will only delay the fix.

1
eCFR. 28 CFR Part 16 Subpart C – Production of FBI Identification Records in Response to Written Requests by Subjects Thereof – Section: 16.34 Procedure To Obtain Change, Correction or Updating of Identification Records
2
eCFR. 28 CFR 16.32 – Procedure To Obtain a Copy of the Identification Record
3
Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions
4
Office of the Law Revision Counsel. 15 USC 1681e – Compliance Procedures
5
Office of the Law Revision Counsel. 15 USC 1681b – Permissible Purposes of Consumer Reports
6
Office of the Law Revision Counsel. 15 USC 1681i – Procedure in Case of Disputed Accuracy
7
Office of the Law Revision Counsel. 15 USC 1681n – Civil Liability for Willful Noncompliance