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Criminal Justice System Basics
We have said that there
are four different kinds of criminal records. They come from different parts of the criminal justice system. When someone
is arrested the arresting agency completes an arrest report, which becomes an arrest record. Then, the defendant is
arraigned and tried in criminal courts. These records are referred to as criminal court records. At the conclusion
of the trial, the case will either be dismissed or the defendant will be convicted.
Is there a nationwide criminal records
check
When a conviction occurs, there are several possible sentences. For example, the defendant may have to perform
community service, pay a fine, or might be placed on probation. Sometimes the defendant will be sentenced to incarceration.
When an individual is incarcerated for a misdemeanor, they will be sent to jail, rather than state prison. If, however, it
is a felony conviction, the defendant may be sent to either jail or prison. Generally only the most violent felons, serious
drug abusers, and repeat offenders are sent to prison. Records of imprisonment in state prison are called corrections records.
Arrest records, criminal court records, and correction records are sent to the state criminal repository.
The Mythical
Nationwide Criminal Check
While
the National Criminal File search sounds extremely good, the reality is that there is no such thing as a nationwide criminal
records check. Even the FBI database is not truly nationwide. The FBI database (NCIC) does not include most misdemeanors.
Many records never make their way to the FBI because the records must be sent from the county to the state and from the state
to the FBI, and frequently there are breakdowns in the process. Nevertheless, the NCIC database is the closest thing that
we have to a national criminal database, and it is far more comprehensive than the NCF. The vast majority of the data included in
the NCF is made up of corrections records. Again, only the most serious criminals are sent to state prison.
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