State Arrest Record Details
Whenever an arrest occurs a paper trail is started. That trail is tied
directly to the name, address and birth date of the person arrested.
Even if that arrest information turns out to be false, it is still the
initial information of record. In actuality, that "paper trail" is
actually a "hard drive trail" as records are all kept on huge
databases. These databases are maintained at the county, state and
federal level. Once your name enters this database with information
pertaining to an arrest, it will stay there until when and if it is
expunged.
The Difference Between County and
State Arrest Records
Although every arrest occurs in a specific state, they really start out
in a specific county. The county represents the local jurisdiction of
law enforcement and the court system. It is at the county level where
the records are the most current and up to date. If you or anyone is
arrested, it could take anywhere from 60 to 90 days for that record to
reach the state databases or files. In essence this is the same record.
The question becomes how up to date will that record be. Suppose you or
someone you know has been arrested and is arraigned right away. A
speedy trial and adjudication could result especially if it is a minor
offense. That case could be dismissed but you have the period of time
before the state database is up to date.
In terms of the type of crime, it becomes more serious when it reaches
the federal level of offense. This could mean the arrest record will be
maintained in national databases as opposed to strictly local ones.
These types of capitol crimes will involve federal prosecutors and can
lead to some very serious consequences.
How To Find a State Arrest Record
Unless the record is expunged or sealed by a judge, arrest records are
a matter of a public record. This means anyone with the name, date of
birth and the place where the arrest took place can access these
records. If the county level is the most up to date, then you should
begin your search there within the local jurisdiction. Quite often
professional investigators or lawyers who are experienced in this area
of criminal defense will conduct both a state and county arrest record
search simultaneously just so that will be informed completely.
Because these are public records anyone can conduct a search either by
submitting a request directly through the court system or by accessing
any of the free databases. Typically, local law enforcement will have a
website with links to these databases. If you should happen to find an
unresolved arrest record in your name, you should take care of it as
soon as possible.
Expunging an Arrest Record
Depending on the circumstances, an arrest record can be expunged or
wiped clean from your record. This will usually happen if the case is
dismissed or you are found not guilty of the charge. However, expunging
your record isn't automatic. This has to be a specific request made by
you to the judge. If granted, this will mean anyone performing a
background check will not be able to know of your arrest. Expunging
your arrest record will apply both at the county and state level.