NCIC Supervised Release and Identity Files 2 — Questions and Answers
Question 1: How does the NCIC Identity Theft File protect victims when an identity thief is arrested?
- It automatically alerts credit bureaus
- It alerts the arresting officer that the identity being used by the arrested person may be stolen, preventing an innocent victim from having a false arrest record (Correct answer)
- It freezes the victim's financial accounts
- It notifies the victim directly via email
Correct answer: It alerts the arresting officer that the identity being used by the arrested person may be stolen, preventing an innocent victim from having a false arrest record
When an impostor using a stolen identity is arrested and NCIC is queried, the Identity Theft File hit alerts the officer that the identity may be stolen, protecting the victim from a false record.
Without the Identity Theft File, an officer might create an arrest record under the name and information of an innocent identity theft victim. The NCIC hit triggers the officer to investigate the subject's true identity more carefully, using fingerprints or other verification methods. This prevents the victim from being associated with criminal records they have no connection to.
Question 2: An individual on federal supervised release is encountered during a traffic stop in a different state. What should the officer do?
- Arrest the individual immediately for traveling without permission
- Query NCIC for supervised release status, and if a hit is returned, contact the supervising officer or the U.S. Probation Office to verify compliance and receive guidance (Correct answer)
- Ignore the supervision status since they are outside the supervising district
- Issue a warning and report to the FBI
Correct answer: Query NCIC for supervised release status, and if a hit is returned, contact the supervising officer or the U.S. Probation Office to verify compliance and receive guidance
The officer should query NCIC, and if a supervised release hit is returned, contact the supervising officer or U.S. Probation Office to verify whether travel was authorized and receive guidance.
Federal supervised release conditions may or may not permit interstate travel. The officer cannot know from the NCIC hit alone whether the travel is authorized. Contacting the supervising U.S. Probation Officer or U.S. Parole Commission contact listed in the NCIC record provides the officer with current information. If the travel violates conditions, a violation warrant may need to be issued; if authorized, the officer should take no further action.
Question 3: What action should law enforcement take when an NCIC Identity Theft File hit is returned during a stop?
- Release the subject immediately as they may be a victim
- Investigate the subject's true identity using fingerprints or other biometric verification to determine if they are using a stolen identity (Correct answer)
- Arrest the subject for identity theft without further investigation
- Contact the victim directly to come to the scene
Correct answer: Investigate the subject's true identity using fingerprints or other biometric verification to determine if they are using a stolen identity
An Identity Theft File hit indicates the identity being used may be stolen; the officer should verify the subject's true identity using biometric or other reliable methods before taking further action.
An Identity Theft File hit is an alert, not confirmation of a crime. The officer must verify whether the subject is actually using a stolen identity or is in fact the legitimate identity holder. Fingerprint comparison with records in III, AFIS, or other systems provides reliable verification. If the subject is confirmed as an identity thief, appropriate charges may be pursued.
Question 4: For how long is a record typically maintained in the NCIC Supervised Release File?
- Two years from the date of entry
- Until the individual successfully completes their supervision term or the supervising authority cancels the record (Correct answer)
- For a maximum of five years regardless of supervision status
- Permanently, even after supervision ends
Correct answer: Until the individual successfully completes their supervision term or the supervising authority cancels the record
Supervised Release File records should be maintained until the supervision term is successfully completed or the supervising authority cancels the record.
The Supervised Release File record serves law enforcement only as long as the subject is actively under supervision. Once supervision terminates—through successful completion, revocation, or death—the record should be cancelled. Maintaining records beyond active supervision creates inaccurate system data and could lead to improper treatment of individuals who have fully completed their federal supervision obligations.
Question 5: Which federal agency is primarily responsible for supervising individuals with records in the NCIC Supervised Release File?
- FBI
- U.S. Probation and Pretrial Services and the U.S. Parole Commission (Correct answer)
- DEA
- ICE
Correct answer: U.S. Probation and Pretrial Services and the U.S. Parole Commission
The U.S. Probation and Pretrial Services System and the U.S. Parole Commission are primarily responsible for supervising federal offenders tracked in the Supervised Release File.
Federal probation officers within the U.S. Probation and Pretrial Services System—part of the federal judiciary—are responsible for monitoring individuals on supervised release. The U.S. Parole Commission supervises those under federal parole. NCIC's Supervised Release File provides law enforcement across the country with visibility into these individuals' supervision status during field encounters.
Question 6: An identity theft victim wants to add their information to the NCIC Identity Theft File. What must they do first?
- Submit a form directly to the FBI CJIS Division
- File an identity theft report with a local law enforcement agency, which will then enter the record into NCIC on the victim's behalf (Correct answer)
- Contact the Social Security Administration
- Submit a request through the federal court system
Correct answer: File an identity theft report with a local law enforcement agency, which will then enter the record into NCIC on the victim's behalf
Victims must file an identity theft report with a law enforcement agency, which as an authorized NCIC user will then enter the record into the Identity Theft File.
NCIC is not a public-access system. Victims cannot directly submit records. By filing an identity theft police report, victims create documentation for the authorized agency to enter their information into the Identity Theft File. This ensures that entries are verified, supported by police documentation, and made only by authorized NCIC users.
How does the NCIC Identity Theft File protect victims when an identity thief is arrested?