While it is necessary to understand different criminal convictions for which a potential offender has been charged with, it is also important to incorporate the nature and quantity of their detainments in their arrest history. Below, we review the nature of an arrest history of this kind, how it relates to a criminal background search, and also certain limiting factors that could easily influence the completeness of your criminal records search, as regards arrest history information.
A detainment is the simple taking into custody of a potential offender for the commission of a crime. Law enforcement of every jurisdiction are responsible for this action, but in every case, probable cause is a necessary factor. This means that the surveying officer must have a legal reason to assume this person is to blame for the crime committed. Common manners in which probable cause is addressed is according to a witness statement, the victim’s testimony, or situational factors such as seeing the criminal commit the crime. In more complicated matters of detainment-typically for most serious of crimes-the law enforcement handling the crime must get prior authorization from a court (respective of that jurisdiction)in the form of a court ordered warrant, to detain an individual for a crime. In these cases, a police officer will conduct their standard police report, noting observations, taking witness statements, etc; and then bring all of their proof into a court office for the judge or magistrate to review. The court will determine if there is enough evidence to make it worth a charge and subsequent processing through the law. If decidedly so, the law enforcement will then serve the offender with the warrant, and be able to detain them at the same time.
When it comes to searching for these respective criminal records on particular individuals, most cases will have these files available at the jurisdiction in which a taking into custody was made. This could be a municipal police department, or a county, state, or district information repository. How it is processed and stored usually rests upon the location of the detainment, but in some cases, you will find that the nature of the crime will factor into its location as well. For example, if a person was taken into custody by a municipal officer for a murder charge, this criminal record would most probably be handled and stored in a court that deals with felonies, since it is a felonious crime.
Another thing to consider when conducting a search for arrest record information on a particular individual, is that there may be some limiting factors regarding their background arrest history, that restrict the public from having access to this information. For the most part, arrest records are unrestricted to the public and private entities seeking them, but in some states, they are not available. The most common of reasons that an arrest history of this type may be unavailable to you is that it was expunged according to state regulation. Every state has the liberty of deciding what information should be accessible for public use, and in some states, they believe that arrests without convictions should be expunged or sealed from public view. Depending on the state in which the subject of your search had an arrest history, you may have no knowledge of their prior arrests, thereby severely limiting the comprehensiveness of your search.