What Kind of Information is on a Rap Sheet?
A "rap sheet" is a record detailing all a person's arrests and convictions. It is also called a "criminal record" or a "record of arrests and prosecutions."
This document includes information on both misdemeanor and felony convictions, along with arrest records and any pending charges documented in court records.
Rap sheets are confidential and accessible only to authorized individuals.
A rap sheet is an official document documenting arrests and prosecutions (RAP), including details such as charges, convictions, and dismissals.
Both the state of California and the federal government maintain rap sheets on individuals involved in legal cases. It serves as the formal record of a person's criminal history.
Three organizations maintain criminal history records: the FBI, the DOJ, and the CLETS system, managed by California law enforcement agencies.
Criminal Records
Private companies also compile this information into criminal records and provide it to private employers conducting background checks on potential employees.
Rap sheets are confidential and can only be accessed by you and certain individuals, such as :
- law enforcement officers,
- judges,
- prosecutors,
- defense attorneys,
- state licensing agencies,
- government employers.
Accessing your rap sheet may be challenging. You will need to submit both fingerprints and a form. While most people and agencies refer to a rap sheet as a criminal record, other sources also hold information about your criminal history.
Who Has Access to a Rap Sheet?
Since different types of rap sheets are classified as confidential, understanding who can access them helps you grasp their privacy restrictions and why access is limited to certain individuals or entities.
Typically, those who can view the rap sheet include police, judges, prosecutors, defense attorneys (in criminal cases), peace officer agencies (when applying for a job), state and county governments (for employment), state licensing agencies (for license approval), and the individual named on the rap sheet (to verify accuracy).
Remember that private employers may review publicly accessible criminal records of potential employees during the hiring process.
An employer cannot access your arrest record unless it resulted in a conviction or if the case is ongoing. Additionally, employers are barred from viewing convictions for bad checks that are older than seven years or any convictions for which you have been pardoned.
Successful Diversion Program
If you had an arrest that resulted in a successful diversion program, the employer is not allowed to access that information.
Similarly, if you completed a diversionary program, employers cannot access that data. Additionally, certain marijuana offenses are not accessible to prospective employers.
Certain parts of your criminal record might be visible to the public. Interested parties such as potential employers, landlords, and lenders can conduct a criminal background check on you. However, they will not be able to view your official government rap sheet.
Public criminal record information is sourced from publicly accessible court records. Keep in mind that the details on your public criminal record might not always be completely accurate.
How to Obtain a Copy of Your Rap Sheet?
As mentioned earlier, only certain authorized individuals can view a person's rap sheet. If you'd like a copy or wish to verify its accuracy, you can request it from the FBI and DOJ.
To obtain your rap sheet, you need to submit proof of identity, which includes sending a fingerprint copy and paying a processing fee. Many locations offer fingerprint services for a nominal charge.
Remember that the FBI only provides arrest record copies to the individual they pertain to. For further details, visit the FBI's Identification Record webpage.
To obtain a rap sheet from the DOJ, you must request it from the state DOJ where you reside.
The request should include a completed application, proof of identity such as a fingerprint card, and the fee payment. The DOJ will only release the rap sheet to the individual authorized to receive it.
How Can You Clear Your Record?
In California, you can take legal steps like expungements, pardons, or record sealing to clear your criminal record, giving you a sense of control over your future. There are four primary methods to clear a criminal record, which are:
- Expungements: This legal process allows a criminal conviction to be removed from a person's record. Both the individual and the conviction must meet eligibility criteria set by state law. If the expungement is granted, you are not required to disclose any details about the case or conviction to employers.
- Pardons: This is a legal process in which the state governor can overturn a criminal conviction. To qualify, both the individual and the conviction must be eligible for a pardon according to state law. The applicant must submit a formal application along with a letter explaining why a pardon is justified and demonstrating how they have been rehabilitated since the crime.
- Record sealing: This legal process involves sealing juvenile records so they are no longer visible to the public. To qualify, both the individual and the juvenile record must meet state law requirements. Once sealed, the juvenile record is no longer considered a public record.
- Certificates of rehabilitation: This court order indicates that the individual has been rehabilitated following a conviction.
Contact a Defense Lawyer for Help
Readers should understand that a rap sheet differs from a criminal record. Most criminal background records do not contain a rap sheet, as access is restricted to specific authorized individuals mentioned earlier.
If you have questions about your criminal record, it's advisable to consult a California criminal defense attorney experienced in record expungement.
Information provided by private search companies can influence your life in various ways. A defense attorney might help clean your record, though it won't fully erase it. Additionally, this assistance can improve your job prospects.
Cron, Israels & Stark is based in Los Angeles, California. We can assist you in taking the necessary steps to clean up your record and move forward with your life. Reach out to us for an initial case consultation by phone or through the contact form.
Related Content: