Arrest Records

In the United States, arrest records are generally in the public domain, although variations exist between states. Therefore individuals and organizations are entitled to request access to any arrest records held by local, state, or federal law enforcement or government organizations. The legislation which governs the dissemination and disclosure of information relation to arrest records is governed by respect for individual privacy when being accessed by, for example, companies and groups undertaking background checks for employment or volunteer work.

The primary source for those interested in accessing criminal or arrest records should be their state police force. The state police will hold information relating to all criminal matters. A small fee is usually requested for the processing of applications. Circuit courts also record and store information relating to criminal and arrest records and most researchers will generally use both sources in order to ensure thorough and meticulous results. Such databases therefore, while open to public scrutiny, also reserve the right to protect the individual’s privacy where they deem it necessary: the concept of discretion being an elemental guiding principle.

Adherence to best practice in order to ensure the accuracy of such criminal and arrest records databases is an obligation hoisted on law enforcement then by state and federal legislation. Such databases are shared between law enforcement agencies, courts, federal agencies, and other security organizations. Daily updates of the databases are usually mandated in order to maintain accuracy and efficacy; however standards vary from county to county and from state to state. One should bare this in mind therefore when accessing arrest records.

To illustrate this point I propose to discuss the arrest records of a particular state in order to demonstrate the variation in quality of such information. Illinois' statistics show that their arrest rate has exceeded the national average consistently since the year 2000. However despite this there has been the actual number of arrests made has decreased markedly. 1237 arrests per 100,000 were made in 1990 compared with only 894 arrests per 100,000 of the population in 2002. Thus the statistics show that there was an overall drop of 28% in arrest numbers in the twelve year period in question. It is difficult to draw definite conclusions from such statistics however. There are numerous variables which affect such records. The very standards and procedures of the record taking effects the statistics profoundly.

The internet has been a main causal factor in the mushrooming of access requests to arrest records and details on criminal background checks. Paid commercial record service providers remove the formality, bureaucracy, and often long waiting periods commonly associated with liaising with government departments and bodies.