subject: FAQ About Criminal Background Check Reports [print this page] FAQ About Criminal Background Check Reports
A criminal record is a record of a person's criminal history, but the information included in a criminal record varies between states, and counties.
Criminal records may include traffic offenses such as drunk-driving and speeding, and conviction records where the person has been declared guilty by a court, or simply pleaded guilty.
Conviction records include a wide array of offense degrees such as misdemeanor and felony offenses.
Are you currently being refused jobs because of criminal records that show up under your name?
Even if you are sure that you've never been arrested or convicted for any crime, employers might still find criminal records when they search for your name.
You see, thousands of citizens share the same name and employers aren't always able to distinguish among them.
That's why checking your own criminal records is so important - it'll prevent accidental mix-ups and it'll allow you to verify what will show up out of your real past.
Criminal record information is collected from a variety of federal, state and county public records, including departments of corrections, departments of public safety, county courts, state dockets, sex offender registries, Federal and Appellate court dockets, Supreme Court and County dockets, municipal jurisdictions, federal fugitive files, federal and state courts, supreme courts, small claims courts, family courts, appeals courts, district courts, traffic courts, state and county criminal record repositories, prison parole and release files, probation records, records from other state agencies and Interpol public records.
Traffic Offenses: normally, the only traffic offenses that show on a criminal record would be serious offenses such as hit and run violations, or driving under the influence.
Misdemeanors: usually considered a minor offense, the misdemeanor is a crime punishable by incarceration, typically in a local jail.
The most incarceration period is usually limited to less than twelve months.
Felonies: these offenses are considered more serious than the previous two categories.
Typically, a felony carries a penalty of incarceration from one year to life in a state prison, up to the death penalty.
Crime is an act or omission that the law makes punishable. It can also be the breach of a legal duty, which is treated as the subject of a criminal proceeding.
There are serious and less serious crimes. However, common law recognizes only two classes of crimes - serious crimes (or felonies) and minor crimes (or misdemeanors).
Crime (or criminal) record is the summary of a person's contacts with law enforcement agencies, and provides details of all arrests, convictions, sentences, parole violations, dismissals and not guilty verdicts committed by any person.
Furthermore, information about height, weight, eyes, hair color, identifying marks, possible different names used by such person, possible different dates of birth, different social security numbers used, fingerprint classification, race, and state and federal identification numbers of the person are also provided.
A court is a governmental body consisting of one or more judges who adjudicate disputes and administer justice by law. The room in which a law court sits is called a court room.
Each State will have a court system for the territory under its control, and will have a Supreme Court which is the highest court of appeal in that State.
Besides Supreme Courts, there are also appellate courts, district courts, probate courts, juvenile courts, family courts, the court of common pleas, small claims court, etc.
Besides the state courts, there are also the federal courts (i.e. US Supreme Court, US Courts of Appeals, US District Courts, and Bankruptcy Courts).
When searching for criminal records, you'll be able to distinguish 3 types:
1. Infraction is subject primarily by state laws, but is not considered a criminal offense, and a fine is typically imposed on those found guilty of an infraction.
2. Misdemeanor is an offense for which a sentence to a term of imprisonment not exceeding 12 months might be imposed. It is punishable by fine or imprisonment in a city or county jail.
Misdemeanors are tried in the municipal, police or justice courts.
Typical misdemeanors include disturbing peace, petty theft, simple assault, drunkenness in public, drunk driving without injury to others, various traffic violations, and public nuisances.
3. Felony is an offense for which a sentence to a term of imprisonment in excess of one year is involved, and are serious crimes (e.g. murder, rape, burglary).
The sentence for a felonious crime under state law will be served in a state prison.
