Some states will allow the record of an arrest to remain on a criminal history until the defendant can petition the court for concealment. This is a standard legal procedure, also known as "expunging" the record. All records for an arrest that do not lead to a conviction are eligible for expungement, and sometimes even the conviction record itself can be expunged when the case qualifies according to state rules. Expungements cannot be applied over an entire arrest history, even when an individual has been arrested but not convicted on multiple occasions. Each charge or arrest record must be evaluated individually. And remember, even sealed records can be viewed by state officials and staff in certain government agencies. The rules can be tricky, and it is usually vital to have an experienced criminal defense attorney handling any expungement request because of the chance for denial by the court.
Arrest records can contain a significant amount of information. First, they will indicate why someone was arrested and when the arrest occurred. When searching for arrest records, most people are looking for evidence of violent crime, theft or fraud, and drug or alcohol violations. However, arrest records may reflect a number of different crimes, and, depending on jurisdiction, may even reflect business related or traffic offenses.
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Judicial Documentation Data can be requested firstly by the individual involved. Within four weeks, the individual can be told verbally of the information included in the Judicial Documentation. The law prohibits the provision of written information. If necessary for state security purposes, the information can be refused. Judicial data can be given to: Court officials for use in court proceedings, staff members at the office of Public Prosecuter, the Board of Procurators General, individuals and agencies not involved with criminal procedure if they serve a public function and if it serves the public interest. Conduct Certificate is a statement by the Minister of Justice, that there are no objections to the individual in question practicing a certain profession or occupying a certain position.
Many courts haven’t digitized their criminal records yet, which means they aren’t available online. If the information is not online, then background check services can’t use web scraping software to collect criminal records from the court. In these instances, some services have a court runner service where they send a person to the courthouse to physically pull the public files. This person is a court runner, trained on digging through files and retrieving information.
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Some background check services argue that the list of associates in their reports provides a bigger picture of the individual’s credibility. The logic is that if a person’s associate list is filled with people who have criminal records, they are less credible than someone who’s associations are businessmen. However, it’s important to realize these lists are not an accurate representation of the quality of a person’s actual associations. Since these lists are computer generated, much of the context in the relationship is lost.
Finnish criminal record checks can come in different forms by way of different types of certificates. An Extract from the Criminal Record can be applied for only by individuals. Commonly issued for those whom have regular contact with children, it contains information that is relevant to the specific type of employment. Another type of certificate which is issued for visa, work or permit applications is the Criminal Record Extract for a Visa Application. The final type of certificate is the Security Clearance Check whereby companies within the UK who have a branch office in Finland can apply for security clearance checks on prospective employees. Three levels of check are provided (limited, basic and extended). Individuals cannot apply for this certificate and certain conditions must first be met by employers before applying to the Finnish Police, including obtaining the written consent from the individual before application.
In Belgium, there is a national central criminal record system which records, keeps and modifies data related to penal decisions. The criminal record system is maintained by the Federal Public Service Justice. The criminal records held within the central system contain the following data: criminal record number; name, surname and given name; date and place of birth; gender; residence; profession; nationality; court; number of judges; degree of jurisdiction; reference, number and date of judgement; date of transmission to central criminal record; sentence pronounced, place and date of the criminal acts. The central system contains records of
In Malta, criminal records are held by the Criminal Records Office which is maintained by the Malta Police. Individual criminal records can be obtained by requesting a Conduct Certificate from the Malta Police. Requests can be made in writing if outside the country or in person at the Malta Police Headquarters in Floriana. According to Conduct Certificate Ordinance, Chapter 77 of the Laws of Malta, a court order is required to issue a Conduct Certificate of someone other than the person which it refers to. Information contained in the Conduct certificate includes a declaration of whether the person is in good conduct or a declaration containing the convictions recorded against the person. In Malta there is provision under the Probation Act for conviction to be removed from the criminal record. Criminal records are kept for a maximum of 10 years.
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