You can learn a lot about a person if you get a glimpse into their arrest records. In most cases, the only way that a person can have these records removed is if they file a petition that is viewed and decided by a judge. If the arrest happened, but there were no charges filed, if the case was dismissed out of court, or if the person was found not guilty by trial, they could have the arrest records removed if the judge deems it necessary. In general, arrest records stay in place forever unless they can be legally removed.
Arrest records can be removed from the public view if the person is:
- Dismissed of all charges
- Not officially charged
- Found not guilty by trial
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Being Arrested
Since each state and county will have different laws and regulations regarding arrests and detentions, it is important to understand that situations can vary for each case. As a rule, whenever a person gets arrested, they are read their Miranda rights and given a choice as to whether or not they want to make a statement. Once an arrest is in motion, whether it be from a warrant or a new incident, every step of the way becomes part of a court process. Every detail of the incident is recorded and tracked so that in the event of a trial, all of the evidence that is relevant to the case is available and easily accessible.
Depending on the circumstances of the arrest and the severity of the alleged crime, the arresting officer can give the person that is being arrested a notice to appear in court to face charges or book them into the jail to be fingerprinted and processed into the facility.
The goal of the arrest is to bring the arrestee into court in front of a judge to face charges of an infraction or a crime. An arrest does not mean that the person accused of the crime is guilty of the crime. It just means that the court wants to take a deep look into the situation and determine if the accused person is guilty of the action or not.
Going to Jail
If a person is arrested for a crime and the arresting officer chooses to bring them in for booking, they will go to the corresponding jail of that community. Most of the states in the US are broken up into counties, so most people will go to the jail in the county of the city or town that they allegedly committed the crime in.
When a person is booked into jail, they will be put into a holding cell, tank, or waiting area – depending on the jail and the circumstances. During the booking process, the arresting agency will collect personal information about the person that will be immediately treated as public information. Full name, detailed physical description, birth date, address, phone number, employment information, and so on.
The officers will also collect fingerprints and a mugshot photo of the person. All of this information will be collected and stored neatly in a folder that will continue to be fed information that will be used in order to proceed with the court process.
Once all of the information has been collected, the next phase of the process will be for the arrested person to be evaluated to see whether or not they can be released on their own recognizance, given bail, or held in the county jail facility to face trial.
If a person is released on their own recognizance, also known as an OR, they will not have to pay bail, but they will have to sign a promise to appear in court to face their charges.
If the person is not released or is unable to post bail, they will venture into the facility and become an inmate. Inmates are strip-searched, then given a set of jail clothes to wear. All of their personal property is taken away from them and stored until they are released.
Incarceration or Release
In most courts, once official charges have been filed, the defendant of the case will have to have an arraignment within 72 hours. The arrangement will determine the eligibility for bail and the amount of bail that the person will have to come up with in order to be released.
In many cases, there is not enough information, or there are some indeterminate factors that need to be addressed by a judge in order to grant a release or a bail amount for the arrested person. Once the defendant is seen by a judge and able to get counsel from either a public defender or an attorney, the court proceedings are set into motion, and a trial date can be put on the calendar.
People with serious felonies and high bail amounts, or people that have holds in place for other legal matters will most likely stay in jail throughout the process of their trial.
Court Proceedings
There will be a series of court dates and proceedings that lead up to the defendant’s trial. Each step of the way will introduce more light on the case. For most people who go to trial for serious crimes, the prosecutor of the court will try to persuade the defendant to plead guilty to a “deal” of a smaller amount of time or a lesser charge. Keep in mind that until a defendant is found guilty, they are not a convicted criminal. All throughout the court processes, whether or not the person is incarcerated, or free they are only in the process of an arrest…not a conviction.
Arrest Record Information
One of the trickiest parts about arrest records is that they will continue to be public records until the arrestee does something about it. For example, if a person is arrested for a serious crime, such as a sex crime or a violent crime…but they did not commit that crime…an arrest record will still be present. Unless the person viewing the record goes through the information and looks at the details, they will only see the charges, not the results of the charges.
A police officer can arrest a person for whatever charge they want to throw on the case, then let the court decide whether or not the person is guilty of it. In some states, it takes several weeks for the judge to officially determine whether or not there is sufficient evidence to continue with the trial.
The point is that just because a person is arrested for a crime does not mean that they committed it. When people snoop on people through databases that provide arrest records, they could be getting information that is inaccurate or outright wrong. There is a huge difference between being arrested for a crime and being convicted for a crime.
Public Information and Arrest Records
There are circumstances when a judge can block the arrest records of an individual until after the trial is over and the whole situation has been resolved. Sometimes it is a matter of public safety that the person being held for trial is protected, and the details remain private. If a judge feels that the details of the arrest being public can taint the trial, they will not allow anybody but the people directly involved with the case access to the records. However, as soon as the trial is resolved, the arrest records will become public whether or not the defendant was found guilty.
Public records are in place so that all of the transactions and interactions between the government and the citizens of the country are crystal clear. The public has a right to know what goes on in the court system, the property system, and everywhere else that the government regulates.
Unfortunately, there are a number of people out there that use public information out of the bounds of the laws that are there to protect citizens. Some business owners will make decisions about hiring by looking at criminal records from 10 or 20 years before the person even applied for the job. It is important to remember that just because a person has an arrest record does not mean that they are guilty of the crime. Just like any other record, details can change over time, and things that were once true, are not so anymore. Be fair, and stick to the laws when you make choices about people regarding their pasts.