Criminal Record Check
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Personal Background & Criminal Record Check
A criminal record, also known as a police record, is a record of a person's criminal history with law enforcement both at the state and federal level. It includes all felony and misdemeanor crimes for which an individual has been convicted of in court. A criminal record will list all arrests in an individual's name, arrest dates, arrest details,  convictions, sentencing decisions, court dismissals, not guilty verdicts, parole guidelines and parole violations. It may also contain physical information of the individual including height, weight, eye and hair color, identifying marks, alias names, date of birth, social security number, address, copy of fingerprints, mug shots and/or state and federal identification numbers.

Depending on the government agency who documented the record, a criminal record may consist of more than just misdemeanor or felony convictions. A criminal record could also include past arrests, any warrants attached to the person's name, pending charges, and charges that have been dismissed or acquitted.


Criminal Record vs Arrest Record
A criminal record and arrest record go hand in hand, but they are different in the consequences that ensue. An arrest record is documented with the law any time a person has been arrested in relation to a crime that was committed. This crime can either be witnessed in plain site of a law officer or could be the result of a crime that was not observed. In the case of the latter, an outstanding warrant will be issued to try an arrest the person who most likely committed the crime.

Note, If you're arrested it doesn't mean you are necessarily guilty. All an arrest means is that you were taken into custody. Once you are arrested you will have the Constitutional right to hire an attorney and prove your innocence. The United States of America was based on the premise that all citizens are innocent until proven guilty in a court of law which must be based on a fair trial. For that reason, you have the privilege of building your case with a lawyer who will advise you on how to handle the lawsuit against you in your best interests.

If you are found not guilty then all you will have on your personal file is an arrest record. The outcome will be not guilty and you will not have a criminal record. If you are found guilty, then you will also have a criminal record on file in addition to the arrest record since the court decided you actually committed the crime.


How Long Does a Criminal Record Stay on My Personal File?
The general rule is that any arrest or criminal record will remain on your personal file unless you are able to get the record removed by sealing or expungement. Criminal and arrest records do not expire even if you are found not guilty or have fulfilled your sentence requirements. If you've been arrested or convicted of a crime, the record could remain on your file for life. Any time a background check is requested in your name those records will show up.

Potential employers, lenders, landlords, security clearance, adoption and other situations may require a background check. This is to assess a person's trustworthiness. Having a criminal record can hold you back in life since your seen as a risk. You may have changed after the conviction and are a good citizen, but the law and others do not know that. If there's a record from your past that is following you around, you have the option to get it either expunged or removed to clear your name. An arrest record with no guilty finding is much easier to get removed from your personal file than an arrest record which resulted in a conviction. This is because people who commit crimes have to be held accountable and pay for their mistakes.


Getting a Criminal Record Removed From Your Background Record
Legally, there are two ways to get a record removed from your personal background file. You can have the record either sealed or expunged. While an expungement removes the file permanently from public view (even from law enforcement), sealing a record only erases the record to the public. Law enforcement and government agencies may open sealed records if necessary.

Expungement is the process of legally removing a public record from your personal background file. This includes arrest and criminal records. If you are able to get a record expunged, the record will be erased from your background profile like the record never existed. Law enforcement officials and the general public will not have access to expunged records which means any expunged record may not go against you in employment opportunities, renting an apartment, security clearance, adoption, certification, licensing, or other situations in which a personal background check is required.

Certain criminal and arrest records can be expunged and others are only eligible for sealing depending on the nature of the crime. An arrest record without a criminal record attached gives you a much better chance the record will be expunged. Once you've been convicted of a crime and have a criminal record, then the arrest and criminal record might only be eligible for sealing. Typically, misdemeanors are easier to get expunged than felonies since misdemeanors are lesser crimes. When looking to get any record sealed or expunged, it's advised to contact a criminal lawyer to act on your behalf to ensure the record is removed effectively and successfully.

If you decide to file for a sealing or expungement, there is a paperwork process involved and a waiting period to complete. There are usually fees involved to accomplish any record removal which varies by state and court district. You or your attorney should contact the local courthouse for more information regarding the necessary steps. The entire process could take months. You will be asked to provide all relevant information related to the offense, including dates, place of the arrest, the original summons, warrant information, and sentencing served.

Note: Expungement and sealing laws vary by state. Some states don't allow criminal records to be expunged or sealed while others do. Some laws allow only juvenile records to be eligible for removal and arrests records where there's no conviction. If you're a first-time offender who committed a non-violent crime your chances of the court granting a sealing or expungement is greater. It's critical to seek the advise of a lawyer to deal with the record since they know the law and will make sure your rights as a U.S. citizen are protected.

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DISCLAIMER: This report is not legal advice. You need to do your own due diligence to determine if the content is right for your Individual purposes.
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