Criminal Record - Holes In Reporting
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Criminal Records: Addressing Gaps in Reporting
Summary
This article explores the challenges in accurately reporting the complete journey of a criminal record, from arrest to conviction, sentencing, and incarceration.Article
Many people assume that obtaining information about an individual's criminal record is as simple as making a phone call. However, the reality is more complex. The issue isn't the availability of information but rather the completeness and accuracy of that information.
In 2001, states maintained criminal records for over 64 million individuals. Investigations revealed that many of these records were missing crucial details about arrests or convictions. The Bureau of Justice Statistics (BJS) found that a significant number of criminal records lacked a "final disposition," which indicates the ultimate outcome of an arrest.
Creating a criminal history involves several entities: the arresting agency, the prosecutor, the court, and correctional authorities. Each of these can provide the final disposition, as every arrest can lead to different outcomes.
Examples of Dispositions
Consider an arrest on suspicion of murder. If the true perpetrator is caught and the original suspect is released, the arresting agency records this release as the final disposition.
In another case, an accused individual is tried and found not guilty. Here, the court's release of the defendant serves as the final disposition.
For someone convicted of a crime, the correctional facility records either their release date or, in cases of life without parole, notes the ongoing incarceration as the final disposition.
The System's Challenges
Various state agencies record these final dispositions independently. Ideally, all this information should converge in a central record, often housed at a city's or town's hall of records. Unfortunately, the agency responsible for the final disposition frequently fails to forward this information, leading to incomplete records.
Surveys indicate that approximately 46% of state agencies lack comprehensive disposition records for criminal histories. This statistic is alarming given the volume of annual arrests. Moreover, state agencies reported that prosecutors forward only 86% of their dispositions to the appropriate agency, often blaming other agencies for not passing along the necessary information.
Delays contribute significantly to the system's shortcomings, whether due to lengthy trials or extended correctional facility stays. Additionally, prosecutors are less likely to report misdemeanors compared to felonies due to the associated paperwork and time.
Moving Forward
Interestingly, the surveys conducted did not ask agencies for potential solutions to this reporting issue. Perhaps identifying solutions should have been a primary focus from the start. Addressing these gaps is crucial for enhancing the integrity and reliability of criminal records.
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