What is an Arrest?

An arrest occurs when police or other law enforcement officers take an individual into custody of the respective state or federal government, stripping that person of their personal freedoms provided by the United States’ Constitution. Upon being arrested, the arrestee is notified of the crime s/he is being arrested for, and read their Miranda Rights. These rights include that the individual has the right to legal counsel, the right to remain silent, and the right to prevent self-incrimination by complying with an interrogation by officials.

When someone is arrested in the U.S., they are typically handcuffed and taken to the local jail or prison to be processed while awaiting bail or arraignment by the courts. During this processing, a mug shot is taken as well as fingerprints, and information is recorded such as current address, driver’s license number and other identifiers during the intake process.

According to the FBI’s Uniform Crime Reporting Database, more than 14 million arrests took place in the U.S. in 2008.

Information about an Arrest

Arrest records are created with each arrest that takes place, and the arrest report is filed with the respective government entities for future reference. This happens whether the individual is ever convicted of the crime s/he was originally arrested for.

Arrest reports are available from the local law enforcement offices, and generally contain dates of arrest, mug shots and the outcome of the court appearance following the arrest. If the arrested individual was convicted of the charge and served jail time for the crime, this information is generally available as well.

For the most complete arrest information, you may visit your local law enforcement agency’s website, or request a RAP sheet from the FBI.  

An arrested individual is considered to be “in custody” if s/he is unable to leave the premises of his or her own accord. Any admittance or statements acquired from an individual are typically not admissible as evidence in the court of law if his or her Miranda rights were not read during the arresting procedures.

Implications of an Arrest

An arrest may be made if an individual is suspected of committing a crime, or to prevent a crime from taking place. You are not considered to be arrested until you are in the custody of police or law enforcement officers. This means that traffic stops and interrogations where the subject is allowed to leave at any time do not constitute arrests.

Being arrested creates a report and record that is maintained by the arresting agency for future reference. These records can be searched for and viewed by the public, and are often viewed when pre-employment checks are required for specific positions. If you are applying to a professional school, you may also be asked if you have ever been arrested in the past. In this case, you will often be required to provide details of the arrest and the disposition of the case.

Though public sources offer access to these records, private sources provide more complete information that spans both state and federal databases.

What are Arrest Records?

Arrest records are created with each and every arrest that takes place, regardless of disposition of the case. They are typically maintained with the arresting agency, whether it be the state police or FBI. However, if the arrestee is not found guilty of the original charge, these records may be expunged after a certain period of time. In addition, juvenile records are kept from public viewing to protect the accused’s identity.

Information Contained in Arrest Records

These records typically include an arrest report, which provides the identity of the arrested individual, his or her names and aliases, the dates of arrest, the offense s/he was charged with, and the court’s disposition on the case. These reports include both misdemeanor and felony arrests, and may also include mug shots of the accused.

Other information found on the report includes the arresting agency, the race and sex of the arrestee, the place of birth, height, weight, eye and hair color. The original and filed charges by the prosecutor, as well as the classification are also included.

Each state maintains the arrest records for a prescribed amount of time, and many offer a search service online.

Reasons for Accessing the Records

Arrest records can be useful when conducting a background check for employment purposes, or simply to verify that your own record is correct. Using a private service can also allow instant and accurate searches for both federal and state records at once, saving time and effort using all available databases.

What is a Conviction?

When someone is charged with a criminal offense and the court determines s/he is guilty of the crime, this is considered a “conviction” in criminal law. Regardless of whether the conviction is a result of a judge or jury trial, this is reflected in the individual’s criminal history record for years to come.

Information in Records of Convictions

When you access someone’s criminal record, you will see the dates of arrest, formal charges and any convictions decided upon by the court. These convictions are present whether the offense was a felony or misdemeanor, or any petty offense that the court has determined the party guilty of. You may also be able to access probation, fine, prison and probation information as well as dishonorable military discharge records.

Uses of Conviction Records

Frequently, employers will ask job applicants of any arrest, conviction or other criminal history during the interview process. Upon conducting a criminal record check, the employer may also inquire about the circumstances of the conviction. However, an employer may not refuse to hire someone due to a conviction unless the said crime is substantially related to the job duties to be performed.

Finding Records of Convictions

Due to federal and state privacy laws, personal information such as home addresses and Social Security numbers are redacted from the records. In addition, if someone has had their records expunged you may not be able to access histories of criminal convictions. Each state varies, so you’ll need to check with your local law enforcement agency.

Criminal History

If you need to establish whether someone has a criminal history, you first must gather as much information about them as possible. Past addresses, aliases, date of birth and even Social Security information may be used to check for criminal records in someone’s name.

Reasons to Check for a Criminal History

Criminal history records may include arrests, warrants, convictions, drunk driving records and even sex offender records. Background checks which screen for these issues in a person’s past are often conducted prior to employing them, especially in sensitive positions where they may be in daily contact with children or the elderly. It is also generally a good idea to screen potential tenants, babysitters or other workers who have access to your personal property for a criminal history.

State vs. Federal Criminal Histories

One thing to keep in mind is that state records are always kept completely independent of federal records. In addition, state records do not translate to other states, so you must go directly to the source to find them. This means that if the search subject was arrested in New York but now lives in Washington, checking records in Washington will not necessarily reveal their criminal history from New York. This is why private searches for records are well worth the minimal cost--to ensure a complete check of multiple databases, screening for both state and federal records.

You may also conduct a quick search at the National Sex Offender Public Website. In addition, every state maintains its own criminal check system, so you must approach your local state police department if you plan on searching for publicly held records on your own.

What are DUI Records?

DUI records are considered part of a larger group of criminal records that may be connected to any driver’s past. These drunk driving records can include records of DUI, DWI, OWI or other charges according to a specific state’s definitions and statutes regarding levels of the offense. You may want to access DUI records in order to ensure accuracy of your own record for insurance purposes, or to check a potential employee when one of their primary responsibilities will be driving.

Levels of DUI Offenses

Every state has now adopted laws which consider any level of blood alcohol concentration (BAC) over 0.08 percent to be a criminal driving offense. This BAC is measured using a breathalyzer or other chemical test, and field sobriety tests may also be used by an arresting officer. Some states offer additional offenses, namely Operating While Intoxicated (OWI) or Driving While Intoxicated (DWI), which may be filed against a driver if his or her BAC is under 0.08 but over a different, specified level, such as 0.04. These charges are further categorized as either misdemeanor or felony offenses.

DUI Penalties

A DUI record will contain dates of arrest, name of the driver, official charges filed, and disposition or outcome of the case. If someone’s DUI records state that s/he was convicted of the charges, there will also be information available about the sentence imposed. This may include fines, jail time (one year or less for misdemeanor and over one year for felony charges), suspended license, DUI school and/or probation.

Finding DUI Records

The National Driver Register, though not an official database, may hold records of alcohol-related driving offenses. However, you may also access information regarding convictions, suspensions and violations in a driving record using private databases that span state and federal sources.

What is a Felony?

Every criminal charge is classified as either a felony or misdemeanor offense, depending upon the respective state’s laws regarding the issue. Federal classifications of felonies and misdemeanors remain the same no matter where the offense is committed in the country. There are several differences between the two types of offenses, namely potential penalties and progression of the criminal case in court.

Felony vs. Misdemeanor Penalties

In general, a felony charge carries the potential of a prison term which lasts more than one year. Misdemeanors carry possible jail time of one year or less. A felony may also carry with it the death penalty in cases of murder, for example.

In addition, felonies are further classified according to their ‘degree.’ Felonies may be considered a first, second, third, fourth or fifth degree felony, depending upon the state; some states assign letters to these varying degrees. Maximum allowable penalties and fines increase with each degree, and higher degrees may mean longer or more severe mandatory sentences.

When convicted of a felony, it usually remains on the individual’s record for anywhere from 7 to 14 years or indefinitely, depending upon the state. Records of state felonies can also be expunged, but this is not true for federal felonies. In addition, some states will strip felons of their voting rights or right to bear arms for a pre-determined amount of time.

Finding Felony Records

Felony records are maintained by the imposing state or federal law enforcement agency. This obviously differs among states, though federal records may be requested from the FBI. In order to save time and effort requesting reports from multiple agencies, a private search offers access to multiple databases in one location.

What is a Misdemeanor?

Misdemeanors are federal and/or state criminal charges that are considered less severe than felony-classified offenses.  They may include charges and/or convictions related to theft, domestic violence, drunk driving, prostitution, vandalism, drug possession, public intoxications or disorderly conduct.

Classification of Misdemeanors

Much like felony charges, misdemeanor offenses are classified as class A, class B or class C. Each class carries subsequently more severe potential and mandatory penalties, with class C offenses being the least so. Each state determines the classification of these misdemeanors, which may vary across state lines. However, federal misdemeanors remain the same across the country.

Misdemeanor Penalties

In general, a misdemeanor is punishable by one year or less in prison and carries lower fines than a felony charge. Misdemeanors that carry a sentence of 6 months or less are considered to be “petty.” Repeat offenders typically receive harsher penalties than first-time offenders, and the place of incarceration depends upon whether the crime is a state or federal offense.

Federal and state prisons typically hold prisoners convicted of felonies, while local county jails hold those convicted of misdemeanors. A misdemeanor conviction may also result in fines, probation, loss of privileges such as professional or driver’s licenses, or any combination of these.

Misdemeanor Records

Misdemeanor records are considered criminal in nature, and may be requested from applicable state and federal agencies.

In order to access state criminal records for someone, you need to contact the relative state’s Department of Corrections. However, these records are not recognized by states other than the one holding the records, so you must either conduct a check in every state the subject has lived, or utilize the services of a private record provider.

What are Mug Shots?

Invented by Allan Pinkerton in the 19^th Century, mug shots are photographs taken of an arrested individual during the booking process of an arrest. Typically, the arresting agency takes a front and side photo to comprise the mug shot file. These mug shots are intended to help identify the arrested individual in the case that he or she is ever wanted by the law again in the future, or if their information is to be posted on a “most wanted” or sex offender list.

Availability of Mug Shots

Every state differs in its treatment of mug shots and the public’s ability to access them. Some states will post mug shots of every arrestee on its website, and others will only post mug shots on Most Wanted or sex offender lists. The National Sex Offender Public Website at:

However, there has been some debate as to the accessibility of mug shots to the public. Many courts have refused to allow mug shots to be entered as evidence in a jury trial to prevent any implication of guilt. In September of 2009 in a case in Oklahoma, the Department of Justice determined that mug shots were protected by privacy laws, and thus refused to release photos of federal inmates to the public. Conversely, the 6^th U.S. Court of Appeals ruled that the photos may be released within that circuit only in 2005.

If you need to find someone’s mug shots, you may try searching the site of the facility where they were incarcerated, or utilize private services which will ensure that multiple databases are searched to provide the most complete result in minimal time.

What is a Police Report?

In order to conduct a thorough background check on another person or verify your own past, police records offer a way to learn about arrests that may not have resulted in a conviction, traffic stops or parking tickets, and firearms licenses. Police reports are always created and maintained at the state level, and are generally available through the local state police department. Although each state varies according to accessibility and privacy laws, most offer the ability to search these records by name to either confirm or deny any history with local law enforcement.

Information Contained in Police Reports

Many police departments offer information regarding the type of offense committed, the victim’s name, date of the crime and the location. Victims who are juveniles and victims of sex crimes are not revealed to the public. Offenses are generally categorized as either crimes against people or crimes against property, or other crimes such as traffic offenses.

If you want to explore police reports regarding a specific crime, you will find every type of documentation of the event as possible. This means that information gained from interviews on the scene, witness information, observations by the officer on the scene and any other actions taken when either stopping a driver or responding to a call are included in police reports. They are generally not accessible by the public until the court has ruled and the case is considered to be “closed.”

Searching for Police Reports

Police reports are usually found with the respective state police department, county or city government, and may be accessible through their official websites. You may also utilize the services of a private company, saving you time and effort. These police reports can be invaluable when determining the safety level of a new city you’re considering relocating to.

Federal Bank Robbery Defined

Robbery is often defined by state statutes as theft or larceny of property or money through the use of force or fear. When a deadly weapon such as a gun or knife is used, charges may be escalated to armed or aggravated robbery. This crime is distinguished from burglary because robbery requires that a victim be present and he or she is threatened with or suffers actual injury or harm. Federal law outlines potential penalties of robbery and burglary under U.S. Code, Chapter 103. Section 2113 specifically addresses bank robbery.

Section 2113

This section describes bank robbery as the attempt to take property or money by force from any bank, credit union or savings and loan association. Convictions of bank robbery can lead to fines and/or up to 20 years in prison according to this section of the U.S. Code. Actually taking the property or money away, when its value exceeds $ 1,000, causes fines and/or up to 10 years in prison. If this property is valued under $ 1,000, the maximum sentence includes fines and/or up to 1 year in prison.

Even if a person did not actually steal the money or property, but is simply in possession of it and knows it was stolen faces the same sentencing. If the use of a dangerous weapon is also used in the process of stealing the property, the suspect faces fines and/or up to 25 years in federal prison. If the suspect attempts to avoid apprehension, causes the death of someone during the theft or forces someone to accompany him during the crime, he faces fines and/or up to 10 years in prison; if death of a victim occurs, the suspect faces a death sentence or life imprisonment.

Definitions

Section 2113 defines a “bank” as any bank which is a member of the Federal Reserve System or any bank or institution which is operated and organized under U.S. law. This includes foreign bank branches and any institution whose deposits are insured by the Federal Deposit Insurance Corporation.

It further defines “credit union” as any federal or state-chartered credit union which is insured by the National Credit Union Administration Board. A “savings and loan association” refers to a federal or state savings association with accounts insured by the Federal Deposit Insurance Corporation, operating under U.S. law.

Historical Bank Robbers

Historically speaking, one of the most noted and celebrated bank robbers in U.S. history was Jesse James. After the civil war, James robbed banks with his brother and outlaw gangs, with the height of their activity peaking between 1866 to 1876. In 1876, they attempted to rob a bank in Northfield, Minnesota, which resulted in the capture or death of many of these gang members. Law enforcement continued to increase pressure and search attempts to find and apprehend James and his cohorts, until he was killed by Robert Ford on April 3, 1882.

Federal Codes Regarding Burglary

Burglary is often defined by criminal law as the unlawful entry into a structure, regardless of whether it is a home, business or other type of building. At the same time, the intent to commit any crime, even those other than theft or larceny, must also exist. This does not mean the intended crime necessarily takes place. For example, a criminal may intend to break into a business to steal money from a safe, but finds the money is already taken. Even though the criminal steals nothing, he has still committed burglary by entering the business.

Burglary charges may ensue after an individual simply enters an open door, as he does not need to use force or physical breaking and entering to be classified as a burglary. Typically, there is no victim present when burglary is committed. U.S. Code Title 18, Part I, Chapter 103, Sections 2111-2119 concerns the crimes of both robbery and burglary.

Section 2111

This section states that when someone takes something of value or attempts to take it from a person within the special maritime and territorial jurisdiction of the U.S. using force, intimidation or violence, he faces up to 15 years in prison.

Section 2112

This section states that when someone robs or attempts to rob someone of personal property of the U.S., they face a sentence of up to 15 years.

Section 2113

This section pertains to bank robberies specifically. It states that anyone who enters a financial institution protected by federal law with the intent to take property or money faces up to 20 years of imprisonment. This applies whether the individual successfully takes the property or not. If he physically takes possession of money or property valued over $ 1,000, he faces up to 10 years in prison and/or fines, and if it does not exceed a value of $ 1,000 the maximum sentence is 1 year in prison and/or fines. This section also regards individuals knowingly in possession of stolen property or money from a bank. In some cases, especially when force with a deadly weapon is used or death occurs, this crime can carry a life sentence in prison or a death sentence.

Section 2114

This section regards mail, money and other property of the U.S., and anyone who has lawful custody of that property. Assault with the intent to rob these individuals carries a sentence of up to 10 years for the first offense; if the victim is wounded during the assault or the suspect uses a deadly weapon, this increases to up to 25 years. Being in possession of this property carries an additional sentence of up to 10 years and/or fines.

Section 2115

This section states that attempting to or forcibly breaking into a U.S. post office results in fines and/or up to 5 years in prison.

Section 2116

This section, similar to section 2115, regards cars, steamboats or other vessels utilized by the post office. Sentences can include fines and/or up to 3 years in prison.

Section 2117

This section states that anyone convicted of breaking the lock and/or entering a railroad car, aircraft or other vessel with the intent to commit larceny may be fined and/or sentenced up to 10 years in prison. This section also states that if this crime falls under state jurisdiction and is judged by a state’s prosecution, the suspect cannot be prosecuted by the federal government as well.

Section 2118

This section concerns taking controlled substances by force from a Drug Enforcement Administration (DEA) agent. If convicted, this crime carries a sentence of fines and/or up to 20 years in prison. This also applies when entering the business or other structure where this controlled substance is held. If violence is used or injury occurs during the burglary, prison time can be raised to 25 years.

Section 2119

This section applies to taking motor vehicles which fall under federal jurisdiction, such as vehicles transporting interstate or foreign commerce. This crime carries a sentence of fines and/or up to 15 years in prison; prison time is increased to 25 years maximum when serious bodily injury occurs during the theft. If death results from the crime, imprisonment can range up to a life sentence, or the suspect may face a death sentence.

Types of Criminal Charges

Criminal charges vary widely based on the severity of the crime committed. The crime committed may fall under the category of a petty offense, misdemeanor, or felony. According to the type, severity, and frequency of the crime, the punishment will also vary.

Petty Offenses

Petty offenses are a group of misdemeanors that don’t warrant jail time. Usually a person who commits a petty offense will only get a ticket or a citation.  They will be tried on their first appearance in court and typically receive a fine.

Petty offenses are much milder than other offenses. The defendant will probably not receive the right to a jury trial, but this is not considered a violation of rights because of the nature of the crime.

Petty offenses include minor traffic violations—such as tickets—parking violations, and infractions of local ordinances which are not severe.

In states that have adopted the three strikes law that says on the third felony the person receives mandatory life imprisonment, petty offenses do not count as “strikes.” It is generally advised to not fight the petty offense, simply pay the fine and move on.

Misdemeanor Offenses

Misdemeanors are more serious. A person convicted of a misdemeanor may face a heavy fine, or a jail sentence not exceeding a year. If the person receives a jail sentence it will be carried out at a local jail and not a state or federal prison.

Misdemeanors generally do not go the grand jury. They can, however, be generated by grand jury indictments if they occurred during a felony. Defendants are not allowed a court-appointed attorney, and will not be awarded one if they cannot afford one.

Those convicted of a misdemeanor, such as simple assault, are still allowed to vote, practice licensed professions, serve on a jury, and serve in the military.

In states that have adopted the three strikes law, a misdemeanor may be counted as a third “strike” if the person has already been convicted of two felonies. Otherwise the misdemeanor is not included in the strike count.

Felony Offenses

Felonies are more serious still, and they include capital offenses like first-degree murder. A felony is considered a crime punishable by more than a year in prison—for example, a year and a day is punishment for a felony offense, whereas a year is punishment only for misdemeanors.

Defendants accused of a felony are guaranteed the right to a court-appointed lawyer in the event they cannot afford one. Felonies are also charged only upon a grand jury indictment.

In some cases an accidental death caused during the commission of a felony could be considered murder. If an accidental death occurs during some lesser crime, such as a DUI or DWI, then it is only considered manslaughter.

Those convicted of a felony face several restrictions on their rights. They may be unable to serve on a jury, vote, practice certain jobs, own guns, and serve in the military. They may also be forced to register as an offender relating to the felony committed, such as a sex offender or narcotics offender.

In states that have adopted a three strikes law, on the third felony committed the individual will be sentenced to a mandatory 25 year to life imprisonment. This is without the possibility of parole.

Information Contained in Criminal Background Records

Criminal background checks may be performed for a number of reasons. Frequently, prospective employers and landlords request background checks, which may include unexpected information.  It is important to know who will request a background check, and what will be contained in it when it is requested.

What is and isn’t in a criminal background check?

Items included in a background check performed by a prospective employer can range from driving records and vehicle registration to court records and sex offender registration. Criminal convictions and charges will generally show up on an in-depth criminal background check, whereas arrests will not.

Prospective employers may also request information on medical and military records, bankruptcy and credit records, education records, and state licensing. Educational, medical, and military service records are confidential. They require your permission to be released.

Things not of public record, such as criminal history, are compiled by law enforcement agencies and can only be viewed by potential employers in certain fields. These fields include law enforcement, security guard firms, public utilities, and childcare facilities.

Arrest records are public records. However, in many states, employers are not able to search for an arrest record of a potential employee. Exceptions to this rule include if the arrest resulted in a conviction or if the potential employee is on trial or out of jail pending trial. 

Any conviction may be viewed on the criminal record unless it has been expunged from the record. If the record is successfully sealed or expunged then it cannot be viewed, except by law enforcement and immigration agencies.

Other things not included in background checks include bankruptcies if they are more than ten years old. After seven years, civil suits, civil judgments, records of arrest, paid tax liens, and accounts placed for collection are not reported.

Who may want to perform a criminal background check?

A criminal background check may be performed by a potential employee. An employee may perform these checks to avoid negligent hiring lawsuits or to follow federal and state laws regarding required checks for certain jobs. They may also perform checks because they no longer feel secure. Current events and news often drive employers to perform checks they might not otherwise have performed. 

Landlords may also perform these checks to screen potential renters. Generally they will perform criminal background checks for reasons similar to those a potential employer may have. 

An individual may also want to check their own criminal background. The FBI may provide criminal records for an individual requesting them. They will only provide records to the individual identified in the records, and fingerprint identification is required. 

Others who may feel the need to run a criminal background check may not be legally able to do so, or only be able to access limited information. Potential spouses, parents or guardians requiring a babysitter, and others may desire a background check. Often, the only way to access any type of criminal background information about someone other than yourself is to search through public records. These include arrest records, court records and inmate records held by the local and state government agencies.