A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offenses and may also include traffic offenses such as speeding and drunk-driving. In some countries the record is limited to actual convictions (where the individual has pleaded guilty or been declared guilty by a qualified court) while in others it also includes arrests, charges dismissed, charges pending and even charges of which the individual has been acquitted. The latter policy is often argued to be a human rights violation since it works contrary to the presumption of innocence by exposing people to discrimination on the basis of unproven allegations.
Canada
In Canada, criminal records are stored in Criminal Records Information Management Services, a centralized database operated by the Royal Canadian Mounted Police under the Canadian Police Information Centre (CPIC) since 1972. The database includes all convictions for which a pardon has not been granted, all charges regardless of disposition, outstanding warrants and charges, all judicial orders and other information that might be of interest to police investigations.
Screening
There are two types of criminal record checks: standard and vulnerable sector. Vulnerable sector is defined under the Criminal Records Act as minor (less than 18 years of age) and
There are 4 levels of standard criminal record checks - level 1 to 4. Level 1 is the most basic check and level 4 being the most extensive. Criminal record check can only be done with the consent of the individual.
- Level 1: Records of criminal convictions for which a pardon has not been granted (CPIC Level 1 Query)
- Level 2: Level 1 + outstanding charges that the police force is aware of (CPIC Level 1 Query + Persons Query)
- Level 3: Level 2 + records of discharges which have not been removed (all charges regardless of disposition) (CPIC Level 2 Query + Persons Query)
- Level 4: Level 3 + check on local police databases, court and law enforcement agency databases (a.k.a. ' Police Record Check' )
The vulnerable sector screening includes a level 4 check plus any sexual offences and convictions which pardon was granted.
Criminal record check is one part of the process for obtaining security clearances regardless of level of access. It is also used by some provinces to certain professions to be checked regardless of contact with vulnerable sectors. For example, the BC Ministry Public Safety and Solicitor General requires all healthcare professionals, practicum students in healthcare, childcare facilities staff and volunteers, school and hospital staff regardless of position to undergo the Criminal Records Review Program.
Pardon
Further information: Pardon in CanadaCriminal offenses can be pardoned either by the Governor General of Canada, National Parole Board or through an order-in-council by the federal government, as determined by the crime involved under the Criminal Records Act .
Hong Kong
In Hong Kong, criminal records are maintained by the Hong Kong Police Force. Unlike other countries listed on this article, Hong Kong authorities do not allow for access to criminal records by employers or school purposes. The Chief Executive of Hong Kong has the sole power to pardon offences committed in Hong Kong under section 12 of article 48 Basic Law of Hong Kong. "The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions... To pardon persons convicted of criminal offences or commute their penalties".
Spent records
Criminal records are not purged regardless of time or seriousness of the case . However, under the Rehabilitation of Offenders Ordinance (HK Laws. Chap 297), a criminal record is considered 'spent' if it was the first criminal offence, sentenced to less than 3 months in jail or fined less than $10,000 and a period of 3 years has elapsed since conviction and no new conviction is registered against the said person. Spent records are recorded as such with the exception to:
- Attempting to be licensed as a barrister, solicitor , accountant or insurance broker
- Applying to become a trustee or controller for Mandatory Provident Fund or a bank controller, executive or employee
- Disciplinary proceedings against any judicial officer, members of disciplined services, probation officer, employees of Hong Kong Monetary Authority, Mandatory Provident Fund Schemes Authority, Office of the Commissioner of Insurance (insurance officers) and Securities and Futures Commission (executive grade only)
- Disciplinary proceedings against government officials who are paid on any Directorate or Directorate (Judicial/Legal Group) Pay Scale and those above point 27 on the Master Pay Scale
All Hong Kong residents who plan to adopt children or travel/emigrate to another country can request for a Certificate of No Criminal Conviction - a document that is issued directly to the Consulate and/or government agencies and not to the requester.
United Kingdom
In the United Kingdom, criminal records are maintained by the Criminal Records Bureau (CRB), which has partial access to the Police National Computer (PNC). (It is important to stress that a PNC record is not the same thing as a criminal record.)
CRB records are not publicly accessible, and cannot be viewed without the subject's consent (though an employer may make such consent a condition of employment). Information supplied by the CRB depends on the level of disclosure. Low-level disclosures give only unspent convictions (i.e. convictions which have not yet been expunged under the Rehabilitation of Offenders Act), while enhanced disclosures ideally include all convictions, cautions, reprimands and final warnings. (This may change in the near future, as the policy of retaining old convictions indefinitely is being challenged in the British courts.)
Arrests which do not lead to an official finding of guilt (e.g. a conviction or the acceptance of a caution) are not considered part of a person's criminal record, and are not typically disclosed to the CRB. However, an enhanced disclosure may include such additional information, supplied at the Chief Police Officer's discretion. Enhanced disclosures are typically used to screen applicants for positions such as police officer and social worker which involve contact with vulnerable groups.
United States
In the United States, criminal records are compiled and updated on local, state, and federal levels by various law enforcement agencies. Their primary goal is to present a comprehensive criminal history. They may be used for many purposes mostly for background checks including identification, employment, security clearance, adoption, immigration/international travel/visa, licensing, assistance in developing suspects in an ongoing criminal investigation, and for enhanced sentencing in criminal prosecutions. In the United States, these compilations are unlikely to be admissible in court as proof of arrest or conviction.
Criminal histories are maintained by law enforcement agencies in all levels of government. Local police departments, sheriffs’ offices, and specialty police agencies may maintain their own internal databases. On the state level, state police, troopers, highway patrol, correctional agencies, and other law enforcement agencies also maintain separate databases. Law enforcement agencies often share this information with other similar enforcement agencies and this information is usually made available to the public. Registered sex offenders have information about their crimes or misdemeanors readily available, and Department of Correctional Services in many states disseminate criminal records to the public, through media such as the Internet. Usually, the only group in society that is not subject to dissemination of any criminal records is juveniles. Some adults can also be eligible for non-disclosure of their records through the process of Record sealing or Expungement.
Some states have official "statewide repositories" that contain criminal history information contributed by the various county and municipal courts within the state. These state repositories are usually accurate so long as the state requires and supervises the uploading of data from the local courts. Some states make reporting to the repository voluntary. The information obtained from these repositories can be incomplete and the use of this information has associated risks.
The federal government maintains extensive criminal histories and acts as a central repository for all agencies to report their own data. NCIC (National Crime Information Center) is one such database. Generally, and with a very few exceptions, the records compiled by the federal government are not made available to the private sector. Some private re-sellers claim to offer an NCIC record search. In most cases these claims are fraudulent. Though NCIC records may not be available to private sector companies, they still may hold very accurate criminal records bought from other reporting agencies.
Federal records
Department of Justice
National Crime Information Center
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