What Is a Criminal Record?
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What is a Criminal Record?
A
criminal record is a list with all the crimes a person has been
convicted of. This list is kept and updated by the local, state, and
federal levels by different law enforcement agencies. The main
objective of a criminal record is to provide a complete criminal
history about an individual to be used for many purposes such as
identification, job applicants screening, tanents screening, potential
date checks etc. In the United States, these compilations are unlikely
to be admissible in court as proof of arrest or conviction.
United States Criminal Records
Criminal
histories are kept by law enforcement agencies on all levels of
government. On the local level, police departments, sheriff's offices,
and specialty police agencies keep their own internal databases. On the
state level, state police, troopers, highway patrol, correctional
agencies, and other law enforcement agencies keep separate databases as
well. National law enforcement agencies often share this information
with other enforcement agencies. Criminal histories are usually made
available to the public. Registered sex offenders and other real-time
criminal threats have information about their crimes readily available.
By using mediums such as the Internet, the Department of Correctional
Services in many states distributes criminal records to the public. The
only group in society not having its criminal records being distributed
is typically juveniles.
Some
states have official "statewide warehouses" that hold criminal history
information given by the various county and municipal courts within the
state. These state “warehouses” are usually precise so long as the
state requires and oversees the uploading of the data from the local
courts. Some states make reporting to the “warehouse” a voluntary
action. The information obtained from these “warehouses” can be partial
and the use of this information has associated risks.
The
federal government keeps comprehensive criminal histories and acts as a
central “warehouse” for all agencies to report their own data to. NCIC
(National Crime Information Center) is one such database. Generally,
and with a very few exceptions, the records assembled by the federal
government are not made available to the private sector.
Federal Records
The
Federal Bureau of Investigation (FBI) manages the official national
criminal history database via the National Crime Information Center
(NCIC). The NCIC stores information concerning open arrest warrants,
arrests, stolen property, missing persons, and character data regarding
felonies and serious misdemeanors. The term "serious misdemeanor" is
deceptive, as any offense with over one year jail-time potential is a
felony. A felony usually refers to a serious crime such as murder, rape
or grand larceny. Some felonies are not considered as serious.
The
FBI's compilation of one’s criminal identification, arrest, conviction,
and incarceration information is known as the Interstate Identification
Index, or "Triple-I" for short. Essentially, this is essentially the
FBI's rap sheet. It contains information voluntarily reported by law
enforcement agencies across the country, as well as information
provided by other federal agencies. It contains information on felonies
and misdemeanors and other crimes. It may also contain municipal and
traffic offenses if reported by the individual agencies. Anyone with an
entry in the Interstate Identification Index has a unique "FBI number"
that is used to identify him/her. It compensates for the fact that an
individual may have given several false names, or aliases, to a law
enforcement agency when he/she was booked. One may also lie about
his/her date of birth or social security number, making an independent,
unique identification key system essential. It is important to be aware
that the information provided by the Interstate Information Index may
come not from the agency that arrested the individual but from the
agency that "booked" him/her. Therefore, there may be inconsistencies
between the location, arrest date, and arresting agency listed in the
database and the actual location, date, and agency that made the
arrest. The Interstate Information Index may also contain imprisonment
information as well; listing each time an inmate is moved from one
correctional institute to another as a separate event. The accuracy of
the Interstate Information Index greatly depends on the information
reported to it by the individual agencies, and frequently lacks
comprehensive information on the dispositions of the various arrests it
lists. It should be considered as a guide on where to find more
comprehensive information on a defendant and not as the solemn truth.
Department of Transportation
Though
not officially a criminal history “warehouse”, the National Driver
Register (NDR), operated by the Department of Transportation, maintains
information on drivers concerning suspended licenses and such. In
addition, the NDR has a database composed of posts made by individual
states as mandated by federal law. All drivers who have had their
licenses suspended for any reason (including suspensions resulting from
several consecutive minor traffic violations, i.e., some states suspend
one’s license for three separate speeding tickets over a period of six
months) have that information posted to the NDR database by the state’s
Registry of Motor Vehicles offices. The NDR also keeps records
concerning convictions of driving under the influence of alcohol or
controlled substances, failing to provide aid at an accident involving
death or injury, and knowingly making a false sworn statement or lying
under oath to officials about an activity governed by a law or
regulation on the operation of a motorized vehicle. Moreover, the NDR
keep information on traffic violations resulting from a lethal
automobile crash, irresponsible driving, or racing on the highways.
States are required by federal law to obtain the information compiled
and stored by the NDR in order to review records of licensees
identified as possible "matches." If a match is found, states will
usually call the “match” to a hearing to prove they are not "the same
person," placing the burden of proof on the suspected "match" to prove
the difference. More and more, state licensees find themselves caught
in a situation where the transmission of information make them fail to
be aware to the fact that their drivers record has been merged with
that of another driver, usually to their disadvantage. This has caused
an increasing number of false arrests, certifications, and actions
being taken by officers against drivers who are, eventually, victims of
mistaken identity.
