Criminal Record Search
Criminal records are official documents containing a summary of an individual's arrests and convictions. They are sometimes referred to as "rap sheets" or criminal history summaries. An individual's criminal record is updated whenever law enforcement arrests or convicts the record subject in the course of a criminal investigation. Every criminal conviction, including its date, charges, punishment, and classification as a felony or misdemeanor, is included in the criminal records.
In the U.S., local, state, and federal law enforcement agencies create and disseminate criminal records. They offer an official account of an individual's criminal involvement and are typically issued to requestors during routine background investigations. For example, businesses or government agencies like the U.S. Department of Travel may be interested in learning if an individual has a criminal history before they are issued an official document.
U.S. criminal records carry significant ramifications beyond just summarizing an individual's criminal history. They are helpful for criminal justice purposes and may prove essential for catching fugitives and sentencing offenders, as well as determining criminal trends in specific judicial districts across the U.S.
Are Criminal Records Public?
Yes, the U.S. Freedom of Information Act permits members of the public to access criminal history records held by law enforcement agencies in the country. Federal agencies are obligated to provide any information requested under the Freedom of Information Act (FOIA) Unless it is prohibited from disclosure in the interest of national security or personal privacy. According to the FOIA, agencies handling criminal record requests can only withhold information if they reasonably suspect that disclosing it will violate a rule of law or endanger an interest covered by an exemption.
Per 5 U.S. Code § 9101 law on access to criminal history records, criminal records that have been sealed or exempted from public disclosure by court order can be made public if their disclosure is vital to national security.
Crime Records by County
Crime records in the U.S. include unique datasets that describe the crime rates and the crime patterns within every locality in the U.S.
These data are readily available on the FBI Crime Data Explorer, a data visualization tool used to transparently show current crime statistics on a federal, state or local level.
Through the Uniform Crime Reports (UCR), the Federal Bureau of Investigation (FBI) has also produced regular assessments of reported crime statistics on a national level. This data is divided into five main components:
- Summary data;
- County-level data;
- National Incident-Based Reporting System [NIBRS] incident-level data;
- Hate Crime data;
- a variety of rare crime data.
Criminal Record Check
Interested members of the public may conduct a criminal record check by querying local law enforcement agencies at the county or state level or by contacting the Federal Bureau of Identification (FBI) for a nationwide search. The process for requesting a criminal record search at the state or county level is unique to the jurisdiction. However, in most cases, the requester will need to provide information to facilitate the search and pay a fee to aid research and duplication (if required).
Alternatively, inquirers may request an Identity History Summary or Rap Sheet from the FBI via mail or through an FBI approved channeler.
To request an Identity History Summary via mail, the requesting party must download and complete the Applicant Information Form.
Requests made for more than one person will require an individual form for each record holder. It must include the requester's mailing address and phone number.
All requests must be accompanied by a current and standard fingerprint form (FD-1164) and the record holder's full name, birth date, and signature on the fingerprint card.
Each Identity History Summary Check (Rap Sheet) costs $18, and payments must be made via credit card payment. Requesters who cannot pay the $18 fee may request a waiver. This requires the submission of a claim and proof of indigence.
Completed forms should be mailed to:
FBI CJIS Division – Summary Request
1000 Custer Hollow Road
Clarksburg, WV 26306
Find Criminal Records Online
Members of the public may find criminal records online in the U.S. using the PACER database. However, these databases primarily hold criminal records related to ongoing or finalized court proceedings. Hence, if the criminal record being sought pertains to an individual who was neither tried nor sentenced, it is likely to be absent from PACER. Inquirers may also find criminal records online by visiting the online web pages of county sheriffs or police departments in the jurisdiction where the subject is a resident. However, most local law enforcement agencies only offer the option to request comprehensive criminal records online, which are then delivered by mail. Notwithstanding, selected criminal-related information like arrests or sentences may be viewed using the department's arrest logs or inmate roaster.
Free Criminal Record Search
Several third-party aggregate websites provide criminal records searches for free. Some of these third-party sources are licensed by state law enforcement authorities to provide criminal records, while others aggregate their data from various government-owned sources. To search using these websites, users must provide a subject's full name and relevant other specialized information about the person of interest, such as a previous address.
Many of these sites also offer a premium service, which may be faster or provide comprehensive information. The fee for these services ranges from $5-$10.
What Does it Mean if You Have a Criminal Record?
A criminal record can affect many aspects of the holder's life, regardless of the nature or severity of the crime. Convictions generally have implications that extend beyond serving time in jail or paying fines. Along with apparent consequences like jail time, fines, and community monitoring, there are also collateral costs. Being unable to vote, work with vulnerable people, or obtain certain licenses are some of the most well-known collateral repercussions. However, other, less prominent effects differ by jurisdiction, nature, and length of time.
Does Your Criminal Record Clear After 7 Years?
No. Generally, criminal records do not automatically get cleared up after 7 years in the U.S. Instead, these records remain on a person's file indefinitely until they can be expunged or sealed by state law. In contrast to certain states in the United States, the federal court system does not offer a direct method for expunging criminal records. Once a person is found guilty of a federal offense, the conviction is often recorded permanently per federal law.
On the state level, several states, such as New York and Pennsylvania, have recently adopted a "clean slate law" that allows minor misdemeanors to be cleared from a person's criminal record automatically.
Arrest Record Vs Criminal Record
Arrest records and criminal records are often used interchangeably. However, there is a huge distinction between these records and how they are used in the U.S. criminal justice system. Criminal records are sometimes called conviction records and show a person's criminal conviction history. A criminal record will include data such as incarceration information, charges, arrest reports, and detention information.
Arrest records are kept on file by the arresting authorities; this data contains the offenses for which an individual is arrested, not always the same crimes for which the district attorney charges them.
A person's interrogation, apprehension, custody or detention, investigative hold, arrest, or charge history are all documented in their arrest record. Information on a person's convictions for felonies, misdemeanors, or other offenses, delinquent status, dishonorably discharged from the military or law enforcement, probation, fines, jail time, or parole is known as their criminal record.
Police Records
Police records provide an account of official functions of law enforcement agencies and details of criminal activity within the jurisdiction. These records encompass traffic infraction tickets, applications for firearm transfers and registrations, criminal offense reports, accident reports, and associated information. Unlike criminal records, a police record does include conviction and incarceration data or pertain to specific individuals (whether criminals or persons of interest).
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