Arrest records, also known as “rap sheets” or “criminal records,” contain the details of an individual’s arrest and conviction history. Federal, state, and local authorities save and use the information for several purposes.
Your state law and the contexts of your arrest will determine the record’s availability to the public.
Understanding the General Rule
Arrest records are generally available to the public. However, every state determines whether they want criminal records to be readily accessible. Hence, even states that make arrest records public may have some exceptions.
Five Reasons to Keep Arrest Records Private
Some jurisdictions decide to keep some arrest records private due to the imminent danger of releasing such information. For instance, criminal records may be highly prejudicial to the defendant.
They may be vague and not indicate the vacated charges, the criminal charges the individual never faced, and if the system eventually acquitted them. Similarly, arrest records may be outdated or contain inaccurate details. Hence, some jurisdictions specifically make some arrest records private if any of these situations apply.
“They may conduct a balancing evaluation to determine the public’s interest in the information and the arrestee’s privacy before permitting the public to access the record,” says criminal defense attorney William Umansky of The Umansky Law Firm Criminal Defense & Injury Attorneys.
State courts that permit restricted access to arrest records have posited that arrest sheets serve an invaluable purpose in the community by informing them of the police activities and crime rates, which are part of the state’s public records laws. Conversely, the same law courts posited that an individual’s personal arrest information did not offer the same public interest type and posed a greater danger to the person.
The following are other reasons why states may keep arrest records private:
Public Safety
If the police feel revealing the details in a rap sheet poses a likely danger to the public, they may decide to keep them private. They may even close the record if it threatens public safety.
Sexual Offenses
Even states that jealously guard their arrest records often make sex crime arrests more public. Every jurisdiction has a sex offender registry where they register convicted persons.
However, the jurisdiction may make some people’s records accessible to the public while only the police can access others based on the crime’s classification.
Ongoing Findings or Investigation
Many states exempt arrest records involving ongoing investigations from going public. They do not want public access to the information to affect the investigations. The Freedom of Information Act and other related statutes in numerous jurisdictions have an exemption for this.
Removal
An individual can vacate or seal their record in some circumstances. It may happen if the court acquits the person of all charges or if they committed the crime as a juvenile.
Furthermore, some jurisdictions permit adults to remove their criminal records for minor infractions, like possessing a negligible amount of marijuana, disorderliness, or shoplifting.
Background Checks
Although background checks are not the same as arrest records, they sometimes contain the same information. Background checks often require an individual to obtain the consent of the subject they want to check for employment reasons. Some jurisdictions forbid recruiters from accessing information in sealed or removed records.
Conclusion
This piece has given insights into circumstances where the authorities cannot publicize your arrest records. Working with a local criminal defense attorney to help you with the process is advisable. They will ensure no one tramples on your rights while you work to keep your record private.
