Criminal Records and Arrests A criminal record, or what most people call a "rap sheet," is a list of arrests and convictions on a person.
If a person is fingerprinted by police for a criminal investigation, it is added to his or her criminal record. If arrested, the record will show the arrest date, the charges against the person and the outcome. For instance, if the district attorney didn't prosecute the charge, this will be noted on the criminal record. If a criminal conviction occurs, the record will detail the date of the conviction, the charges, the sentence and whether it was a felony or a misdemeanor.
Criminal records held by the court system are public records and anyone can request the record, unless the court has placed a restriction on the records.
However, if you are conducting a criminal background search on an employee, there is information you should know about how criminal records are reported by the Fair Credit Reporting Act (FCRA), which sets the standard for employers who want to find out more about an applicant or current employee.
Records of arrest cannot be listed on a background check after seven years has passed. However, the FCRA states that a criminal conviction can remain on a background check indefinitely.
Furthermore, if a person is arrested in California, the arrest cannot be reported on a background check unless the person was convicted of the crime or the case is pending.
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