NCJ Number
25710
Date Published
1974
Length
7 pages
Annotation
THE DISSEMINATION AND AVAILABILITY OF INFORMATION IN COMPUTERIZED CRIMINAL HISTORY SYSTEMS IS DISCUSSED IN RELATION TO THE INDIVIDUAL'S RIGHT OF PRIVACY.
Abstract
THE TWO MAJOR ISSUES CONSIDERED ARE THE TYPE OF INFORMATION THAT SHOULD BE MADE AVAILABLE TO LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES, AND THE QUESTION OF WHETHER PRIVATE REHABILITATION AGENCIES SHOULD RECEIVE CRIMINAL HISTORY DATA. THE LAW OF PRIVACY AND ITS RAMIFICATIONS ARE EXAMINED ALONG WITH THE CRIMINAL JUSTICE AGENCIES' LEGITIMATE NEEDS FOR ARREST AND CONVICTION RECORDS. ALSO REVIEWED ARE MAJOR CONGRESSIONAL LEGISLATIVE PROPOSALS IN THESE AREAS. THE AUTHOR SUGGESTS THAT AN ATTEMPT BE MADE TO IDENTIFY A CLASS OF ARRESTS THE RECORDS OF WHICH CAN BE MAINTAINED, WHILE OTHERS ARE DESTROYED, EXPUNGED, REMOVED OR RETURNED. HIS CRITERIA INCLUDE THAT THE ARREST BE LAWFUL, THAT THE CRIME BE SERIOUS AND CONSTITUTE SOME DANGER TO THE PUBLIC, THAT THE CRIME BE THE TYPE FOR WHICH THERE IS EVIDENCE OF RECURRING BEHAVIOR, AND THAT THE ARREST BE NOT MORE THAN TWO YEARS OLD UNLESS SUPPORTED BY A CONVICTION. IT IS ALSO SUGGESTED THAT SPECIFIC LEGITIMATE PURPOSES FOR WHICH RECORDS CAN BE OBTAINED BE DELINEATED. ALONG WITH THE SPECIFIC PERSONS TO WHOM THEY WILL BE MADE AVAILABLE. THE AUTHOR INDICATES THAT PRIVATE REHABILITATION AGENCIES SHOULD ONLY BE ALLOWED ORAL SUMMARIES OF CRIMINAL HISTORIES AND THAT JUDGES, PROBATION OFFICERS, AND CORRECTIONAL OFFICIALS MIGHT ALSO NOT BE ELIGIBLE TO RECEIVE ARREST AND CONVICTION RECORDS.