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If you have ever been arrested or convicted of a crime, it is a good idea to request a copy of your criminal history record so that you can determine exactly what convictions are recorded on it. With the various government agencies that handle arrest and court records, there are bound to be mistakes in entering information into these reports. If you regularly review your criminal record, you can catch these mistakes before they cost you a job or other benefits.

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Steps

  1. 1
    Locate your criminal history records. If you have been arrested and/or convicted of a crime in a particular state, you’ll want to start in that jurisdiction. If you’ve been convicted of a federal crime, you’ll want to obtain your FBI criminal history report. Contact each jurisdiction by searching your state’s website for criminal records request information, or by calling your local court or government office to find out the procedure for obtaining the report.
    • Depending on the jurisdiction, your report may be either a single page or multi-page document that separately lists your convictions or the offenses for which you may have been arrested. If you do not have a criminal record in that particular jurisdiction, your report will either be blank or state that you have no criminal record.
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  2. 2
    Check that your social security number is correct on your report. It may be listed separately for each offense listed on the report. Be sure to check each entry for accuracy.
  3. 3
    Check the dates listed on each entry for accuracy. Make sure that they match your own records.
  4. 4
    Check that your full name is listed. Make sure that the record does not have the wrong middle name or initial. This is especially important if you have a common name, like Joe Smith.
  5. 5
    Review any punishment imposed for each offense listed. Jail time, community service and fines will usually be listed for each offense. Ensure that they match the punishment you were actually given. If you actually received a different sentence for the offense, be sure to correct that information using the process described below.
  6. 6
    Read through each entry to make sure that the result listed matches your records, such as “not guilty,” “case dismissed,” or “sealed.” This is an important step because there may be charges listed for which you were arrested but not convicted. If you believe that a case should have been sealed (in the event you were a minor), make sure it is noted on your report. Since you requested the report, you will likely be able to see the sealed case, but it should be noted as sealed so that others requesting your criminal history will not see the entry.
    • If you were not convicted, you need not report that offense to a potential employer.
  7. 7
    If you find errors, request the record of the case from the appropriate court. These are often called disposition slips. The court will be listed with the corresponding entry on your report. Call the appropriate court to determine the procedure for obtaining the slips.
  8. 8
    Review the disposition slip and correct any incorrect information. If the slip matches your recollection of how the case ended, contact the reporting jurisdiction and provide them with copies of the disposition slip and any other necessary paperwork to correct your criminal history report. Each jurisdiction will have a different process for correcting information.
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Tips

  • Your criminal record may be stored in multiple jurisdictions. If you are concerned about what your criminal history contains, be sure to obtain reports from any state in which you were arrested or convicted, as well as the state in which you currently live.
  • When applying for a job, it’s important to know the contents of your criminal record because you are legally obligated to report certain types of convictions. If you are unsure whether you were actually convicted or what you were convicted for, you may inadvertently report your convictions incorrectly and be disqualified from the position.

Warnings

  • There are many ways errors can occur in a criminal history report. The sheer number of people who are involved with the case, from the arresting officer, to the district attorney’s office, the clerk of the court, the judge, etc. mean that typos might not be caught by the government. A simple transposition in digits in a social security number could mean that someone else’s conviction is attributed to you. The information is easy enough to correct, but you must take the initiative to do so.
  • Just because your criminal history report contains errors does not mean that you will be released from liability for any offenses for which you were actually convicted. Thoroughly reviewing your criminal history report simply ensures that it reflects your correct information.

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Sources and Citations

Article Info

Categories: Criminal and Penal Law Procedure

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