Locating the best, more qualitative background records information on a particular individual according to a complete criminal records search is the main objective of every seeker. This said, many public and private parties include a detailed check for arrest records information in their investigation, for good reason, as arrests can be just as invaluable information as criminal convictions, depending on the specific case and records search. With this in mind, an arrest records search can be directly characterized by a number of variables related to both the criminal justice system and the criminal records search industry. In the following category, we take a closer look at all the most potent of legal variables from both of these records search systems, that could influence the comprehensiveness of your investigation.
Since an arrest denotes a certain point in time as regards the due process of law in this country, it is important that we review just what one is and is characterized by. An arrest of an individual is when the law enforcement relegated to the criminal incident has determined that there may be enough evidence that the person in question committed a certain crime. At this point, the police officer will arrest or stop the individual from committing the crime, and take them into custody to be processed according to the respective jurisdictional court that applies to the location and nature of the crime in question. It should be noted that in many cases, a crime-if considered serious-will be up to the court in that jurisdiction to determine if the person should be arrested for the crime. The police report will be taken in the same manner, but when it’s time for the officer on the scene to determine if they should be arrested, they send along the evidence to the judge for their review. If they decide there is-in fact-enough evidence to warrant them being taken into custody, they will issue an arrest warrant-or authorization that the police can do so.
With this basic information on the topic understood, we will move on to how a check for this records information may be influenced. The first and most general of factors that will affect how extensive your criminal records search will be on arrest records information is location. Depending on the nature of the crime that was allegedly committed, will determine how the arrest record is filed, and where. If the crime was a common misdemeanor, the records will most likely be filed in the municipal or county departments; however, if the crime was a felony, the arrest records could be located in the county, state, or district courts and/or information repositories.
Another variable to consider in effecting the most successful of arrest investigations is the state in which the crime occurred. Each and every state has a different means of approaching crime and punishment, and this extends to the topic of arrests as well. In many states, for example, they withhold all records of arrest that did not result in convictions; so this records information would be inaccessible to all parties that were not criminal justice agencies. This denying of public or private access is due to what is called “expungement” or sealing of particular records, based on certain case variables-as determined by the state.
With all these factors in mind as possible limiting variables to your check for arrest history information, it should be understood that an investigation for this information is still invaluable-despite the possibility of restrictions-due to the fact that every piece of criminal history information has significance to both the criminal justice agency reporting it, as well as the criminal records entity seeking it.