Criminal Records Restrictions
Criminal records act as invaluable resources for public and private entities of all kinds-detailing past criminal activities of criminals in these records. Thanks to federal regulation and the democracy of this nation, this criminal records information is available to practically all members of the U.S. public, for the purpose of safeguarding ourselves with criminal information records on our peers and those persons around us. While most criminal records information of this sort is available at their respective jurisdictional courts and information repositories, still other criminal records are restricted partially or altogether from public access. Below, we discuss the most common of criminal records restrictions that you may encounter in your criminal records search for criminal information records.
The first aspect to understand about criminal records and how public criminal records access is determined is that every jurisdiction within this country has some sort of say on how this criminal records information will be dispersed. While minimally at the local and municipal level-there exists a lot more demonstrative criminal records access limitations as determined by the federal and state governments. Basically, the federal government sets up a criminal classification of crimes and punishments, and each state is given liberty as to how they will more specifically approach these criminal law sanctions and subsequent records. Since federal criminal law is most often general, each state can define what the statute means to them, and thus, impose their own records restrictions based upon crime, criminal nature, sentencing, and criminal history records of the offender being charged.
At the federal level, the most potent of criminal background restrictions is according to what is called the Federal Credit Reporting Act. The FCRA, while offering a wide range of information restricts “how consumer credit information can be collected, given out, and used”. As regards the criminal record industry, this information can only be gleaned for employment purposes if the subject of the search has given express and written consent to do so. Moreover, the potential employer must make the person aware if they choose not to hire them, based upon information found therein. While the specifics become a lot more complicated as they relate to state jurisdiction regulations, these basics are key to understanding.
When it comes to how states impose restrictions, they can be varied according to the nature, process, disposition, and classification of crime, to name just a few ways in which states limit their criminal records information. More specifically, states impose criminal history limitations for the following: if the defendant is arrested for a criminal charge and not convicted of said crime, if the defendant commits a misdemeanor crime as opposed to a felony, if a criminal defendant was a juvenile at the time of the offense, and if the criminal offense occurred a certain number of years ago (currently states that use this restriction offer restricted use between 3-10 years ago as the cut off). Any one of these limitations could be present in your criminal records search, and could severely limit the criminal records access, and consequent, criminal information you can locate. Moreover, all files that have been communicated from the state information repositories to the FBI database (otherwise known as the National Crime Information Center)is automatically classified, and not applicable for public criminal records access. It depends on the nature of the crime and offender, why criminal records may be sent to the FBI database; and once there, the criminal records information is only available to law enforcement and FBI employees.