What is criminal record, its usage?
Criminal Record request |
What is criminal record, its usage?
A criminal
record or police record is a record of a person's criminal history,
generally used by potential employers, lenders etc. to assess his or her
trustworthiness. The information included in a criminal record and the
existence of a criminal record varies between countries and even between
jurisdictions within a country. In most cases it lists all non-expunged
criminal offences and may also include traffic offences such as speeding and
drunk-driving. In some countries the record is limited to actual convictions
(where the individual has pleaded guilty or been declared guilty by a qualified
court), while in others it also includes arrests, charges dismissed, charges
pending and charges of which the individual has been acquitted.
A
criminal record—or “rap sheet"—is a record of a person's criminal
history. Often, the criminal record includes a compilation of local,
state, and federal criminal information.
Aside
from criminal history information, the record also includes the person's:
- Name and known aliases.
- Date of birth.
- Address.
- Photograph.
- Fingerprints.
Depending
on geographic location and the law enforcement or other government agency
responsible for the record, a criminal record can include more than just misdemeanor
or felony convictions.
Other
items on a criminal record may include:
- Past arrests.
- Warrants.
- Current pending charges.
- Dismissed charges.
- Acquitted charges.
However,
criminal records typically don't include expunged records.
Using
Criminal Records
Many
agencies and organizations request criminal records or run background checks
for a variety of reasons, including:
- Employment.
- Some businesses are required to run background checks on prospective employees, including:
- Government agencies.
- Medical professionals.
- Companies or organizations where workers handle large amounts of money.
- Usually, privately owned businesses can use their own discretion when deciding whether to run a background check.
- School admittance.
- Most commonly, colleges for law and medical professions check an applicant's criminal record.
- Property rental.
- Military service.
- Security clearance.
- Purchasing firearms.
- Under federal law, felons can't purchase or own firearms; however, depending on the situation, some felons can apply to have their gun rights restored.
- Adopting or fostering children.
- Certain types of licenses, such as applying for a CDL.
- Voter registration.
- Not all states allow residents with felonies to vote; however, some states restore voting privileges after the person has met all penalty requirements (i.e. jail time, parole, or probation).
- Purposes related to visas, immigration, naturalization, and international travel.
- Law enforcement purposes, such as compiling possible suspects for a criminal investigation.
As
you can see, a criminal record can affect many areas of everyday life,
but understand that having a criminal record doesn't automatically disqualify
you from things you need (for example, having a criminal record doesn't mean
you can't go to college at all).
The
best way to determine how your criminal record will affect a certain aspect of
your life is to speak with a criminal attorney (preferably one local to your
area) or someone directly related to the event (such as a military recruiter).
Accessing
Your Criminal History
Generally,
when a person is convicted of a crime, it becomes public record; in fact,
sometimes searching a person's criminal history is as easy as visiting the
courthouse or checking another public database. This is often the case for
people who are looking into their own criminal records.
However,
depending on someone's situation and just how deeply you want to search a
person's criminal record, you might have to officially request access—and,
depending on who you are and your purposes, you could be denied access
altogether.
Request
a Criminal Record
again,
requesting a person's criminal record can get tricky, depending on who's
requesting it and why.
Of
course, you can request your own criminal record with no problem; however,
other agencies might have to get your permission or prove their legal rights.
Setting
aside all the cautions mentioned above, you may be able to request criminal
records through one of the following:
- Your county's courthouse or sheriff's department.
- Typically, you'll be able to access only crimes committed within that county.
- State government offices.
- These include your state's Department of Public Safety, State Police Department, and State Bureau of Investigation.
- The Federal Bureau of Investigation (FBI).
- Criminal histories provided by the FBI often are much broader than others and might require fingerprints.
- The FBI's National Instant Criminal Background Check System works for Federal Firearms License (FFL) holders who need criminal and background checks for potential firearms buyers.
Also,
you can search for options on the Freedom of Information Act (FOIA) website;
however, the FOIA does state:
- You're more likely to gain information if you have the person's consent or can prove the person is deceased.
- You can be denied information if it's deemed disclosing the information is an invasion of the person's privacy.
Article
Source : wikipedia.org and dmv.org
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Source : diversifiedriskmanagement.com
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