Criminal Record - United States

United States

In the United States, criminal records are compiled and updated on local, state, and federal levels by various law enforcement agencies. Their primary goal is to present a comprehensive criminal history. They may be used for many purposes, mostly for background checks including identification, employment, security clearance, adoption, immigration/international travel/visa, licensing, assistance in developing suspects in an ongoing criminal investigation, and for enhanced sentencing in criminal prosecutions. In the United States, these compilations are unlikely to be admissible in court as proof of arrest or conviction.

Criminal histories are maintained by law enforcement agencies in all levels of government. Local police departments, sheriffs' offices, and specialty police agencies may maintain their own internal databases. On the state level, state police, troopers, highway patrol, correctional agencies, and other law enforcement agencies also maintain separate databases. Laws enforcement agencies often share this information with other similar enforcement agencies and this information is usually made available to the public.

Registered sex offenders have information about their crimes or misdemeanors readily available, and Department of Correctional Services in many states disseminate criminal records to the public, through media such as the Internet. Usually, the only group in society that is not subject to dissemination of any criminal records is juveniles. Some adults can also be eligible for non-disclosure of their records through the process of Record sealing or Expungement.

Some states have official "statewide repositories" that contain criminal history information contributed by the various county and municipal courts within the state. These state repositories are usually accurate so long as the state requires and supervises the uploading of data from the local courts. Some states make reporting to the repository voluntary. The information obtained from these repositories can be incomplete and the use of this information has associated risks. The federal government maintains extensive criminal histories and acts as a central repository for all agencies to report their own data.

The NCIC (National Crime Information Center) is one such database. Generally, with a very few exceptions, the records compiled by the federal government are not made available to the private sector. Some private re-sellers claim to offer an NCIC record search. In most cases, these claims are fraudulent. Though NCIC records may not be available to private sector companies, they still may hold very accurate criminal records bought from other reporting agencies.

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