NCJ Number
125626
Journal
Barton Volume: J; Kaplan Issue: Dated: Pages: -
Editor(s)
J A Ryder
Date Published
1990
Length
73 pages
Annotation
The policy debate about the relationship of original records of entry to criminal history records is likely to intensify, and a key issue concerns whether differences between original records of entry and criminal history records are sufficient to warrant different access policies.
Abstract
Since 1970, Federal, State, and local criminal justice agencies have expended significant efforts and funds to establish criminal history record systems that compile all of an individual's arrests, convictions, and other dispositions. At the same time, efforts have also been made to develop and implement privacy and security protections for these records. The privacy interest in criminal history records emerges from several key record characteristics: arrest and conviction information is stigmatizing, the information can be old, the information is comprehensive, and the information is name-indexed and automated and therefore easy to obtain. Of particular concern are original records of entry in criminal history record systems. These records represent the first official documentation of an individual's arrest, arraignment, trial, sentence, or other formal involvement with the criminal justice system. The content, organization, and level of automation of original records of entry are described. Constitutional and statutory requirements for public access to original records of entry are examined. Two basic public policy issues on which the debate about original records of entry has centered are analyzed: (1) whether original records of entry that are automated and name-indexed should be subject to confidentiality restrictions; and (2) whether Congress and State legislatures should adopt more open access policies for criminal history record information on the grounds these records consist of nothing more than original records of entry that are already available. Answers to these policy issues must be formulated in the context of risks and benefits associated with the availability of information. State laws related to the public availability of criminal history records are noted in an appendix. 145 footnotes