What is a criminal record?
A criminal record is essentially a list of your contacts with the criminal justice system and can include your personal information (e.g., full name, address, date of birth), known aliases and associates, photographs, offense information and criminal charges, trial outcome, postconviction status, incarceration information, parole eligibility, etc.
A person’s criminal record in Rhode Island is often referred to as a “RAP sheet” (Record of Arrests and Prosecutions) or “BCI” (Bureau of Criminal Identification and Investigation). However, it should be noted BCI is actually the law enforcement agency that, among other things, provides state and national background check services to the public.
Is a criminal record public knowledge?
According to APRA (Access to Public Records Act), most criminal records (for adults) in the State of Rhode Island are public and anyone can request them. Each state agency has its own APRA forms and procedures.
What is an arrest record?
An arrest record (commonly referred to as “arrest logs”) is simply a record of information the police keeps of a person's arrest history, their pending arrangements, or their releases. According to R.I. Gen. Laws § 38-2-3.2(a), the following information shall be made available to the public within 48-72 hours of an adult person’s arrest:
Arrestee’s full name;
Home address (unless doing so would identify a crime victim);
Charge(s);
Date of arrest;
Time of arrest;
Arrestee’s gender
Arrestee’s race;
Name of the arresting officer (unless doing so would identify any undercover officer).
Is an arrest record public knowledge?
It depends. Generally speaking, arrest records are public so long as the content does not interfere with an ongoing criminal investigation. Further, if the release of certain documents could compromise an officer’s safety, arrest records may not be made public until a later date.
What is the difference between an arrest record and a criminal record?
The main difference between a criminal record and arrest record hinges on the outcome of the arrest. An arrest record is not proof that a person broke the law, it is simply a record that law enforcement suspected a person broke the law at one point in time. A criminal record, in contrast, is only created when a person has gone through the legal system and either admitted guilt or found guilty of a crime.
Can a prospective employer ask me about my criminal record and/or arrest record?
According to R.I. Gen. Laws § 28-5-7, it is unlawful employment practice:
(7) For any employer to include on any application for employment, except applications for law enforcement agency positions or positions related to law enforcement agencies, a question inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been arrested, charged with or convicted of any crime; provided, that:
(i) If a federal or state law or regulation creates a mandatory or presumptive disqualification from employment based on a person’s conviction of one or more specified criminal offenses, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; or
(ii) If a standard fidelity bond or an equivalent bond is required for the position for which the applicant is seeking employment and his or her conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; and
(iii) Notwithstanding, any employer may ask an applicant for information about his or her criminal convictions at the first interview or thereafter, in accordance with all applicable state and federal laws.
Under § 28-5-7, employers cannot ask applicants about any prior arrests or convictions on their applications or until the applicants have had the opportunity for interviews.
Further, people who have had their criminal records successfully expunged do not have to disclose them to prospective employers.
If you have more questions about criminal or arrest records, call Repetto Law, LLC and one of our experts will be able to assist you!
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