We may disclose information for criminal law enforcement purposes involving serious crimes, when we receive a valid written request (see GN 03312.080 for a description of a valid request) indicating that:

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  the target of the request has committed a serious crime; and

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  the target of the request has been indicted or convicted of that crime.

IMPORTANT: When a person violates a condition of probation or parole, we may make a disclosure if we receive a valid written request and the agency’s serious crime provisions are met for the original conviction.

Serious crimes include, but are not limited to:

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  terrorism;

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  murder;

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  rape;

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  child exploitation;

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  kidnapping;

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  armed robbery;

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  hijacking;

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  carjacking;

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  drug trafficking or drug possession with intent to manufacture, import, export, distribute or dispense;

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  gang activity;

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  burglary; and

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  arson.

The following types of requests normally do not meet our criteria for disclosure involving a serious crime:

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  requests for information concerning an individual who is only the suspect of a serious crime;

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  requests for information concerning an individual who is the victim or other party of a serious crime; and

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  requests involving non-serious crimes such as embezzlement and minor thefts.

EXCEPTION: If the request indicates the serious crime may involve a Social Security program (e.g., Social Security number misuse), disclosure of relevant information from our records may be appropriate. The agency, not the requester, determines the relevancy of the requested information to the criminal activity.

NOTE: Special procedures apply to requests for testimony and requests for information made under the agency’s Touhy regulations at 20 C.F.R. Part 403. In addition, special procedures apply to requests from the Department of Justice when it requests information or testimony in civil or criminal matters and requests from the Social Security Administration’s Office of the Inspector General (OIG) when OIG requests agency testimony. Please direct these requests to the appropriate Office of the General Counsel Regional Office or the Office of General Law at Headquarters.