Criminal records can have far-reaching consequences, affecting everything from job prospects to housing opportunities. At Rose Legal Services, we’ve helped many of our clients in Missouri and the Metro East part of Illinois who’ve been arrested, charged, or investigated for a crime. Many are surprised to learn what actually goes into a criminal record and how it can affect their lives.
Whether you’re facing charges or dealing with the aftermath of a conviction, understanding the nature and impact of criminal records is crucial.
What is a Criminal Record?
A criminal record, often called a “RAP Sheet,” is official documentation that details an individual’s criminal history. “RAP” is an acronym that stands for “Record of Arrests and Prosecutions.” It’s not just a single piece of paper but rather a comprehensive collection of information maintained by various law enforcement agencies and court systems.
A person’s criminal record may include:
Arrests and Charges
When you’re arrested, it becomes part of your criminal record, even if charges are never filed. It’s a common misconception that only convictions appear on a record. In reality, arrests, pending charges, and even dismissed cases can show up.
Convictions
Convictions form the core of a criminal record. Whether it’s a misdemeanor or felony, once you’re found guilty, it becomes a permanent part of your history – unless you take specific legal actions to change that.
Sentences and Dispositions
Your criminal record will also include information about the outcome of your case. This could be anything from probation and fines to incarceration. Even if you received a suspended sentence, it would be noted.
How Criminal Records are Created and Maintained
Criminal records don’t just materialize out of thin air. They’re the result of a complex system involving multiple agencies.
In Missouri, the State Highway Patrol’s Criminal Justice Information Services Division (also known as the Missouri State Highway Patrol Central Repository) is responsible for this task. Similarly, in Illinois, the State Police Bureau of Identification plays a central role in maintaining criminal records.
These agencies collect information from local law enforcement and courts to create a comprehensive record. Courts, prosecutors, and local law enforcement agencies report their criminal records to the state’s central repositories. In turn, the state central repositories report their records to the Federal Bureau of Investigation, which maintains the National Crime Information Center (“NCIC”) database.
How to Access Criminal Records
Missouri has open records laws that make most criminal records accessible to the public. Similarly, Illinois has the Uniform Conviction Information Act, which became law in 1991 and mandates that conviction information collected by the Illinois State Police be made available to the public. However, accessing these records isn’t always straightforward in either state.
In general, criminal records in Missouri and Illinois are accessible online, in person, and by mail. Missouri uses the State Highway Patrol’s website for access, while Illinois uses the State Police system. Access may be restricted for certain records, and availability can vary based on the requester and type of request in both states. Courts themselves also make many records available online. In Missouri, all state courts and most municipal courts make records available on CaseNet. In Illinois, counties are free to choose their own systems, with most using Judici, although St. Clair County and Madison County in Metro East use their own systems.
Background check companies also provide these services for both Missouri and Illinois, but it’s important to note that their information isn’t always 100% accurate or up-to-date.
Who Can Access Criminal Records?
Criminal records are generally considered public information. However, access can vary depending on the type of record and the requestor’s identity. Law enforcement agencies, courts, and certain government bodies have full access.
Other governmental agencies (such as those that issue professional licenses), employers, landlords, and members of the public can typically access conviction records through official channels or background check services – or with the subject’s consent, which the subject is often compelled to provide, in order to obtain a professional license, a job, or housing. If you are fingerprinted as part of a background check, then you very likely provided full access.
Some records, like juvenile records or expunged cases, have restricted access. It’s important to note that while many people can access these records, there are strict laws governing how this information can be used, particularly in employment and housing decisions.
Public access is more limited. Generally, only criminal convictions and pending cases are public records – arrest records, dismissed cases, and cases resulting in an acquittal are generally not accessible by the general public. If an employer or other entity conducts only a “public records background check,” such records are unlikely to be found.
That comes with an important caveat though: pending cases are public records, and arrest records are public for a short time (in Missouri, it’s 30 days after arrest), so records that have become “closed” or “non-public” were often public at some point in the past. In Illinois, arrest reports must be furnished within 72 hours after the arrest and include identifying information, charges, time and location of arrest, and the arresting agency (5 ILCS 140/2.15).
When the records were public, they may have been captured by a private company that maintains a database or even posts the records online, and the records will remain in the database or online even after the courts and law enforcement agencies made them unavailable to the general public.
Impact of Criminal Records on Daily Life
A criminal record can cast a long shadow over many aspects of your life. Employment opportunities may become limited, as many employers conduct background checks. Housing can be another challenge, with landlords often screening potential tenants. Professional licensing boards may also take criminal records into account when granting or renewing licenses.
Beyond these practical concerns, there’s also the social stigma to consider. Reintegrating into society after a conviction can be a significant challenge for many individuals. People are often embarrassed or ashamed to have a criminal record and may want their good name back.
Managing Your Criminal Record
If you have a criminal record, there are steps you can take to mitigate its impact on your life.
Reviewing Your Record
First and foremost, you should know what’s on your record. In both Missouri and Illinois, you have the right to request and review your own criminal history. This is an important step in ensuring the accuracy of the information.
Correcting Inaccuracies
If you find errors in your record, there are processes in place to correct them. This might involve contacting the agency that reported the incorrect information or filing a formal dispute.
Sealing and Expungement
In both Missouri and Illinois, certain offenses may be eligible for sealing or expungement. Sealing restricts access to your record, while expungement essentially erases it from public view. The eligibility criteria and processes differ between the states, and not all offenses qualify.
Limitations on How Employers & Landlords Can Use Criminal Records
While criminal records are public information, there are laws governing how they can be used in hiring and housing decisions. Both Missouri and Illinois have “Ban the Box” laws, which prohibit some employers from asking about criminal history on initial job applications. But, as noted above, even in jurisdictions with a “Ban the Box” law, employers can still ask about criminal history during the job interview or conduct a background check or both.
Employers and landlords need to be cautious about how they use criminal record information to avoid potential discrimination claims. It’s not just about what’s on the record but how that information is applied in decision-making processes.
How Our Criminal Defense Attorneys Help
At Rose Legal Services, we don’t just defend clients in court. We also assist with record reviews and guide clients through the expungement process.
Our team approach means that every client benefits from multiple skill sets. We’re passionate about helping good people get a second chance, and we’ve been doing just that for more than 20 years.
Don’t let a criminal record hold you back. If you’re struggling with the impact of a criminal record or facing new charges, reach out to Rose Legal Services. We offer superb client communication, ensuring you’re always informed about the status of your case. You can schedule an appointment with one of our attorneys, attend our Open Office Hours in person or via Zoom, or speak with one of our dedicated Client Care Specialists anytime. Let us work together to protect your rights and your future.
Contact Rose Legal Services today and take the first step towards understanding and managing your criminal record.
