Common Criminal Record Questions
There probably is not that many people that set out with the intention of gaining a criminal record. That being said there are some that seem to gravitate towards owning a very colorful record that reflects their past misdeeds. Some gain criminal records when they are still juveniles for doing miscellaneous deeds that gain them the attention of the law. Others inadvertently make mistakes and now have a criminal record to show for their mistakes. Sometimes these records can prevent them from being employed or even from renting a place to stay. It is definitely a case of your past coming back to haunt you. You may have some questions about criminal records and if so this article is for you.
What is a criminal record?
A criminal record is a file that contains any misdoings that a person has committed. These misdoings can range from a misdemeanor to a felony. Criminal records can be from juvenile record to an adult record. Every broken law is recorded so that the state and national authorities are aware of what the past is of the criminal. You can basically look at it as a detailed recording of your life where the law is concerned. It is not something to be taken lightly or ignored in some cases.
What is the difference between a misdemeanor and a felony on a criminal record?
Misdemeanors and felonies differ by each state. But generally a misdemeanor is categorized by any criminal act that would receive less than one year in prison. Anything over that year mark would be considered a felony. But as mentioned before these sentences and classifications can vary according to state. Take for example a DUI (Driving Under the Influence) as something that can be either a misdemeanor or a felony depending on the state and how many times a person has received a DUI ticket.
Are juvenile criminal records available for employers to see?
When a juvenile (anyone beneath the age of eighteen) is arrested and charged with a crime, that crime is added to their criminal record. In most cases the record becomes expunged when they reach the age of eighteen and it is simply as if the record does not exist. There are however some exceptions as law enforcement personnel can always have access to previous juvenile records especially if the teenager is repeating erroneous behavior such as those that got him or her into trouble to begin with. Felonies may remain on the record even past eighteen especially if the person has been charged as an adult.
What is a criminal record used for in the United States?
A criminal record is used to record any criminal activities that an individual has participated in and been convicted. It allows the authorities to have a detailed criminal background of the individual. There are some jobs that require a clear criminal background such as those with the government. Many jobs can deny a person based on this criminal background if security is an issue.
Who is in charge of a criminal record?
There are several agencies that are responsible for maintaining different types of records here in the United States. The Department of Justice has a database just for criminal records. The NCIC is the National Crime Information Center. It is a repository for all federal records and works in conjunction with state and local officials to update the information.
Many state and local authorities will have a database of their own that they use. These records may be individually kept in local country offices in a database or may be contributed to a statewide database. That way the information on local criminal activity is kept at a finger's touch.
What does it mean to have a criminal record?
It means that many of the rights and privileges that you once enjoyed now may be endangered. You may be constantly under the watchful eye of the law. If you are on parole there may be several limitations such as moving, changing jobs or even being around certain people that you once associated with. Having a criminal record is not something that people should aspire to obtain. It is life altering and can definitely make life harder than it typically would be.
Can a job discriminate due to me having a criminal record?
Most job applications have an area where you are to check whether or not you have a felony conviction. Many jobs are now requiring you to mention if you have a misdemeanor as well. Jobs are not supposed to discriminate based on any information but there will be some jobs that you may not be able to obtain with a criminal record. If you have a DUI on your record, you may not be able to obtain a job in the transportation industry. If you are a known bank robber you can probably count out a bank job.
If I have a criminal record, can I still own a firearm?
That question depends largely on the type of criminal record you possess, what you were convicted for and where you live. In Washington State you cannot own a firearm or be in possession of a firearm if you are a convicted felon. Most parole regulations state that a person on parole cannot be in possession of a firearm. To do so would be an automatic violation of parole and you could be sent back to prison. You have to check the laws of your state when you go to fill out the application for a firearm. It is far better to be told "No" then to take the chance and possess a firearm without a license.
What system is used to perform a background check before anyone can purchase a firearm?
Thanks to the Brady Bill there is a background check performed before anyone can own a license to have a firearm. The National Instant Criminal Background Check System or NICS is a database used by the Federal Bureau of Investigation to see if a person is disqualified from owning a firearm.
What different types of databases are used for criminal records?
There are several different databases used for criminal records. A criminal record can be obtained through fingerprints, DNA or through a paper background. The different databases are: NCIC, NICS, IAFIS, and CODIS. That might seem like a lot of acronyms but once you get them down you will understand what each does. The NCIC is the National Crime Information Center. This is the database used to see if you have a criminal record that is on file with the FBI. The NICS (the National Instant Criminal Background Check System) is used to determine qualifiers for gun ownership. The Integrated Automated Fingerprint System (IAFIS) is a national database that houses fingerprints from not only citizens of this country but those who come over into the United States and have been fingerprinted. CODIS (Combined DNS Index System) is used to identify DNA samples from convicted felons. It also stores unidentified DNA as well when it is discovered at a crime scene.
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Today's Tip On Criminal Record
You can use the internet to start digging into the past of a prospective employee. Search criminal records, while keeping in mind that the free resources are mostly indicative rather than in-depth investigations. A good starting point for criminal record information would be past work places, surname, security number, present and past place of residence, etc. You should also be ready to use a paid agency in case you find your suspicions justified. It is very important that you read the whole criminal record information that the internet throws up to you because there might be cases where the beginning starts with a conviction, but ends up saying that since it was found later to be the result of a false accusation, the person was exonerated, even though the record remained.
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