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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Colleen, I received a letter back from the FBI stating they

Customer Question

Colleen, I received a letter back from the FBI stating they need finger prints. However, I sent a copy of all the paper work stating I received a "set aside" conviction. The following was done:Option 2 from FBI website: Send a written challenge request to the FBI’s CJIS Division.Your written request should clearly identify the information that you feel is inaccurate or incomplete and should include copies of any available proof or supporting documentation to support your claim. For example, if your disposition information is incorrect or missing, you may submit documentation obtained from the court having control over the arrest or the office prosecuting the offense. The FBI will contact appropriate agencies in an attempt to verify or correct challenged entries for you. Upon receipt of an official communication from the agency with control over the data, the FBI will make appropriate changes and notify you of the outcome. Help
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.
Hello. I am on the phone with a client. I will answer in a short time.
Customer: replied 1 year ago.
thanks
Expert:  Colleen Grady replied 1 year ago.
Can you attach the letter here or take a photo with your phone?
Expert:  Colleen Grady replied 1 year ago.
Didn't I write a letter for you? I am looking for that.
Customer: replied 1 year ago.
yes
Expert:  Colleen Grady replied 1 year ago.
OK. I found it. It was the letter to expunge your records.
Customer: replied 1 year ago.
Quote from the letter I received back. "Regarding challenges to missing or incorrect federal arrest data, the FBI must receive a request directly from the original arresting agency, a court with jurisdiction over the arrest data, or other agency of competent jurisdiction. Upon receipt of an official communication changes. IDHS challenges submitted to the FBI are processed in the order in which they are received". Option 2 of the FBI website did not say the above. yes letter to expunge records
Expert:  Colleen Grady replied 1 year ago.
I know this is very frustrating. You had told me on Feb 21st sent the letter certified mail and the Attorney General Office received the letter Friday 2/19/16. Did you ever receive correspondence from them?
Customer: replied 1 year ago.
No. Month later I sent one to the FBI. I sent supporting documentation with both letters from the courts
Expert:  Colleen Grady replied 1 year ago.
What you did originally was supposed to get the AG to send an official letter to the FBI to get this done. The bureaucracy is terrible.What you could do now is take the original letter to the AG and the letter you received from the FBI, and the set aside paperwork from the court and write a new letter (2nd Request) asking that the AG write to the FBI to expunge the records.
Expert:  Colleen Grady replied 1 year ago.
I know you tried to call the AG in February but the secretary didn't know who to put you in contact with.
Customer: replied 1 year ago.
Website states the agency responsible for the data has to make the request. Do I need to get a lawyer in Atlanta to help expedite the matter
Expert:  Colleen Grady replied 1 year ago.
It would help, but you should not have to pay for something that is as easy as writing a letter. You followed the procedure.
Customer: replied 1 year ago.
Do I need send my finger prints. What type lawyer would be best suited for the issue
Expert:  Colleen Grady replied 1 year ago.
A Federal Criminal Attorney should be able to do this. No, you don't send fingerprints.You could also call the AG's office and ask for the Administrative Division at(###) ###-####(Augusta) or(###) ###-####(Savannah). Tell them you sent a letter in February. Tell them what it is about. Ask for a specific person you could address a new letter to.
Expert:  Colleen Grady replied 1 year ago.
Do you want a resource to find an attorney in GA?
Customer: replied 1 year ago.
just in case. The last time I call the person did not know where to send the letter
Expert:  Colleen Grady replied 1 year ago.
https://www.gabar.org/barrules/ethicsandprofessionalism/upload/LawRefList.pdf Here it is.When you call and they don't know, ask to speak with a supervisor who could help.
Expert:  Colleen Grady replied 1 year ago.
Good luck with this. I hope this is cleared up soon.

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