Freedom of Information Act

[CGRAY]

What is the name of your state (only U.S. law)? AZ
My friend was denied employment with Customs and Border Protection due to being determined unsuitable from his background investigation. When I was interviewed by the investigator on his behalf, I was warned that he could view all info I submit to him through the FOI Act. How would he go about about obtaining this info? He is trying to determine who he pissed off and is tripping him up.

 

[seniorjudge]

What is the name of your state (only U.S. law)? AZ
My friend was denied employment with Customs and Border Protection due to being determined unsuitable from his background investigation. When I was interviewed by the investigator on his behalf, I was warned that he could view all info I submit to him through the FOI Act. How would he go about about obtaining this info? He is trying to determine who he pissed off and is tripping him up.

Is it you or your friend?

Failure Of Background Check

 

[CGRAY]

Also, must you show/prove a valid need for this info? I am going through the same process without anticipating problems, but would still like to view information gained thru interviews with former employers just to verify that they are giving accurate and favorable information to satisfy curiousity.

 

[CGRAY]

It is for a friend. I just figured I'd post the question since I want the answer for myself as well.

 

[seniorjudge]

Q: How would he go about about obtaining this info?

A: Try Google; there are forms on the internet somewhere.

 

[quincy]

Under the Freedom of Information Act, anything reproducible and recorded in a physical medium is available to inspect with a few exceptions. Records available include, but are not limited to, films, computer disks, tapes, photographs, databases, sound recordings, documents, reports, letters, and papers in the government's possession. Exemptions include, but are not limited to, trade secrets, personal privacy data, internal agency memos and personnel rules, federally regulated bank information, and information relating to national security.

Because of various exemptions, some information requested may be received with blacked out areas.

Under the law, the information requested under the FOIA must be produced within 20 days, although it is not uncommon for it to take longer. Although many agencies require that an FOIA request be written, some agencies will release the information without it, so asking about this can save time.

The FOIA does not require that you state the purpose of your request.

The best way to get information is to, first, call the agency that you believe has the information you want, to verify it is the correct agency prior to filling out your request. FOIA request letters are available online for copying. Make your request detailed and specific, and provide your own phone number and email address, in case the agency needs to contact you for more information when conducting their search.

You may want to review an FOIA manual prior to filing your request. All states have their own freedom of information laws that apply to state and local government agencies which you may want to review as well.

There is a search and copying fee.

 

[CdwJava]

Those background investigations are largely confidential. I suspect that - at most - he might be able to view a list of who they spoke to, not what was said. I am not entirely sure about the feds, but in my state, there is almost no way absent a court order that anyone can view our background files.

I doubt you have anything to worry about unless the feds give this stuff up without a fight ... and that would be ridiculous.

You might consider a call to the background unit and ask them.

- Carl