Reply To: Anyone with "pending fbi check" actually get approved?
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Ok. So, I’ve been reading a lot of forums in reference to “Pending FBI Background Check”. Many people state that the normal process for the BATFE is to just run a NICS check and approve your stamp, unless something comes up or you are randomly selected for a ‘personal’ FBI check where an actual agent performs a background check on you.
Let preface this with I have been in law enforcement for over 21 years and have some knowledge on how background and criminal histories work. Let me tell you what I know:
1) Probably around 10-15 years ago, the way information like charges were added to your criminal history changed. It used to be that charges were added simply by entering you name, DOB and SSN and then the charge. Now that is no longer the case. In an attempt to cut down on the errors created when someone who was arrested gave the wrong name, DOB and SSN and the advancement in technology like the Livescan system of fingerprinting, the FBI now uses finger prints to enter charges into the NCIC/CJIS system. No prints, then nothing is added to your criminal history.
2) I submit my prints every two years for certification that allows me to run criminal histories. I know that I have to send in two fingerprint cards every time. The FBI scans those prints and compares them to every set on file. A real background check is done by scanning your prints. Officers can still run you my name, DOB, SSN and DL Number, but nothing is added to your criminal history without prints. Most often, now criminal prints are done on a system at the detention center when you are booked in and the charge added to your record.
3) The BATFE does not simply run a NICS check on most people and approve their ATF forms. All fingerprint cards are sent to the FBI for a background check. When that is completed, the results are returned to the BATFE and you form is either approved or denied. Again, I could be wrong, but that is what my contacts with BATFE tell me.
4) Traffic Offenses, like DUI, reckless driving, etc., do not normally appear on you criminal history. If you received a ticket, then the offense is not on your criminal history, unless you were arrested and taken to jail. Even, then traffic offenses don’t appear on you criminal history. I’ve never seen a DUI, reckless driving of anything like that on a criminal history. Now if you commit a serious traffic offense and are indicted on a felony, that will appear.
So, from what I have learned over the years and my contacts with the BATFE, everyone applying for a tax stamp is subject to the fingerprint based “FBI background check”. Pending FBI background check is the normal progression of either approval or disapproval, not simply because you were randomly selected or something popped up on the NICS check.
If you know otherwise, I would like to hear from you.