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In most states, a private citizen can access certain criminal records to find out whether someone has been arrested for or convicted of a crime. Criminal records are not limited to conviction records. They can also include arrest and booking records, criminal complaints and charges, and sentencing records.
In the United States, criminal records, like most criminal proceedings, are generally considered public. Public court proceedings are meant to hold the justice system accountable by allowing the public and media to see and report justice at work. Likewise, public access to court records helps serve this goal (although some argue public access should have its limits). But, for the most part, anyone can go to a court records office or, sometimes, a website for a court or state agency and search the files for someone's conviction records.
An exception to the public access rules applies when convictions have been sealed by the court from public view. Most states' laws allow individuals with criminal records to ask a court to seal (or "expunge") certain convictions. The requirements for sealing a record vary widely by state. Juvenile records may also be confidential, sealed, or both.
The state criminal records offices (or central repositories), law enforcement agencies, and courts keep databases of criminal history records. Generally, only government personnel (such as prosecutors and law enforcement) have complete access to these databases. Limited access may be available to the public. (Another level of access might be available for employment background checks.)
To view or access these records, you might need to physically go to the agency or courthouse. Many agencies and courts provide online access, but they all have different rules, and some charge fees.
Typically, only certain parts of the records are made available to the public. For conviction records, public information might include the defendant's name, list of convictions (including the offense and statutory citation), sentence (such as incarceration length or probation), and fines and fees. Information considered private (and not accessible) typically includes the defendant's social security number, medical history, and other sensitive data.
To find criminal history records online, search for the name of the state and "criminal history records." This search often pulls up a bunch of websites. Look for records held by a state court (judiciary) or government agency (like a state bureau of investigations). Double-check the website you land on because it might be the website of a private search firm (discussed below), even if it looks official.
Some states provide online access for free, while others charge a fee. Physical records should be free to review at the courthouse or government agency, but they might charge you for copies.
You'll likely find many private criminal background search firms in your search. These online websites may or may not charge a fee for criminal history searches. It's important to know how these companies work and why their information might not be reliable.
These private, for-profit companies gather conviction records in multiple ways. They might go the old-fashioned route (by sending people to the courthouse to check the files), troll the internet, or pay for batch downloads of government data. Even if the initial record information is accurate government data, these companies don't always keep the information up to date with new court orders, such as expungements, dismissals, or acquittals. Regulation of the companies and the accuracy of their information is limited and subject to abuse.
Whether you're searching a government website or a private company website (but especially the latter), know that mistakes happen and data can be inaccurate. As mentioned above, private companies don't always keep data up to date or check its accuracy. Government data can be flawed, as well.
Say, a police officer arrests James Smith in New York City for drug sales. When entering the arrest record, the officer accidentally attaches the arrest to the record of another James Smith of New York City, whose only interaction with the justice system is a speeding ticket. Now, James Smith—with one traffic ticket to his name—has a drug sales arrest on his record. Another way for inaccurate data to get into the system is through identity theft. A thief steals your wallet and then robs a store. When the police ask for the thief's identification, he pulls out your driver's license. It's also possible for a person to have a record expunged, but due to a glitch in the system, the record is not sealed.
You can't always rely on what you find on a website. If you're hiring someone for a job, most states will have a process where the individual can provide fingerprints to ensure the right file is found (or not found). Do your due diligence to verify the accuracy of the record if you're relying on it.