Criminal records might look straightforward; however, they are not very easy to deal with. Plenty of common myths regarding criminal records are circulating, such as does this record cover every jurisdiction? Or should a person with a felony be automatically denied? Similarly, another myth is assuming how far back you can check on the report. Actual facts debunk these myths. Following are a few common myths, facts, and statistics regarding criminal records in the USA:
All Criminal Reports are the Same
It is common thinking that all criminal reports are created equal. However, it’s a myth. Some common criminal reports include nationwide criminal record database scans, federal criminal search, sex offender registry, and county-level criminal search. The nationwide criminal database contains data access to the available jurisdictions all over the USA. A courthouse-level search at the county level can take a few days to generate the results. Federal criminal search involves manual scrutiny of US appellate courts, and the sex offender registry includes SOR of every state’s justice department. Some states redacted the data of level 1 non-violent offenders as per their policy.
An Applicant can be Subjected to a Criminal Conviction
It is a myth that criminal convictions could be used against an applicant. There is no limitation in FCRA on criminal convictions; however, some of the states still have it. Usually, the period of criminal conviction is seven years since day 1 of conviction. However, for some heinous criminals like active sex offenders, the period exceeds seven years. Recently different groups and movements have raised concerns for consumer protection and have sought damages for denying a renter who has served his time. Phoenix criminal attorney is a prominent part of that movement. The issue is being addressed carefully now.
All Criminal Records have the Same Type of Data
The truth about criminal records is that the jurisdiction controls what data fields will be stored and how much will be shown to the public and other screening companies. These criminal records have a very different type of data. If a case goes to the prosecution, the arrest record does not have the disposition provided by the court. The records set by police or sheriff agencies, convictions, court appeals, and warrants vary by jurisdiction. Similarly, the alert lists from different governments, appeals from military, state, and federal courts, prisons, and jails also vary, much in their criminal record data.
A Traffic Ticket is Not a Criminal Offense
According to missouritraffictickets.com, if traffic tickets are common in the state, it does not mean that this is no offense to the state law. It might look insignificant since it is too common, but it is a violation of the law. If the law is not broken, the traffic ticket will not be issued. You can request your screening company to exclude traffic offenses from employment reports, but in many counties and states, the traffic citation is considered a serious criminal offense, and it is included in felonies and misdemeanors.