A criminal record, formally called criminal history record information (CHRI), is an official account of a person’s contacts with the criminal justice system. Under 5 U.S.C. § 9101(a)(2), CHRI includes identifiable descriptions and notations of arrests, formal charges, dispositions (conviction, acquittal, or dismissal), sentencing, correctional supervision, and release. It does not include intelligence or purely investigative reports. You may hear it called a “rap sheet” or a summary criminal history, but the legal term is CHRI.
Three facts orient everything else:
- Who keeps records: Thousands of agencies hold pieces of your record. Local police and sheriff’s departments create arrest entries. Courts record dispositions. State central repositories compile summary histories. The Federal Bureau of Investigation’s Criminal Justice Information Services (CJIS) division and the National Crime Information Center (NCIC) support interstate exchange of that data.
- Common uses: Employers, professional licensing boards, landlords, immigration authorities, and firearms dealers all rely on criminal records to make decisions that directly affect your life.
- Your rights: You have the right to request your own record and to challenge inaccuracies. Both the state repository and the FBI have formal correction procedures.
Key Takeaways
A criminal record (CHRI) is a permanent, multi-agency document that follows you through employment, housing, licensing, and immigration decisions unless you take active steps to review, correct, or seek relief from it.
| Point | Details |
|---|---|
| Definition of CHRI | Arrests, charges, dispositions, sentencing, and supervision data; excludes investigative reports. |
| Who maintains records | Local police, courts, state repositories, and the FBI/CJIS all hold pieces of your record. |
| How to request your record | Order from your state repository and submit an FBI Identity History Summary request for full coverage. |
| Correcting errors | Gather certified court documents, contact the originating agency, and escalate to the state repository or FBI. |
| Sealing and expungement | State relief limits public access but does not erase federal records or immigration consequences. |
Table of Contents
- What does a criminal record actually contain?
- Who creates and maintains criminal records?
- How are criminal records used in real life?
- How do you get your own criminal record in the U.S.?
- How do you correct errors on your criminal record?
- What is the difference between sealing and expungement?
- How do juvenile records and sex-offender registries differ?
- How long does a criminal record last?
- What is the difference between a police record and a criminal record?
- Common misconceptions about criminal records
- Reading a rap sheet: what each line tells you
- When should you get an attorney’s help?
- Sources
What does a criminal record actually contain?
A criminal record is not a single document. It is a structured history assembled from reports submitted by multiple agencies over time. Legal Aid at Work describes it as a list of arrests and convictions that creates barriers to housing, employment, and licensing. Here is what each line typically represents:
| Record Element | What It Means |
|---|---|
| Arrest record | Date, arresting agency, and charge(s) at the time of arrest |
| Charging instrument | Indictment, information, or complaint filed by the prosecutor |
| Court docket entry | Case number, court name, and procedural history |
| Disposition | Final outcome: conviction, acquittal, dismissal, or nolle prosequi |
| Sentence | Incarceration term, fine, probation length, or suspended sentence |
| Probation/parole record | Supervision agency, start/end dates, and any violations |
| Warrant | Active or recalled bench warrants tied to the case |
| Biometric identifiers | Fingerprints, photographs (mugshots), and sometimes DNA reference |
An arrest entry and a conviction entry are legally distinct. An arrest means law enforcement took someone into custody; it does not mean guilt was established. A conviction entry appears only after a court enters a guilty verdict or accepts a guilty plea, which involves various prosecutorial processes and advantages that influence the outcome. Both can appear on the same rap sheet, which is why a record can look more serious than the actual legal outcome.
A typical rap-sheet line reads something like this:
- Agency: Manchester PD / NH
- Arrest date: 03/14/2022
- Charge: RSA 265-A:2 — DWI (Class B Misdemeanor)
- Disposition: Convicted — 03/14/2022 (Guilty Plea)
- Sentence: 90-day suspended, $620 fine, license suspension 9 months
Pro Tip: If a disposition line reads “pending” or is blank, the court may not have reported the final outcome to the state repository. Request certified court minutes directly from the clerk’s office to confirm the actual result before assuming the record is accurate.
Who creates and maintains criminal records?
No single agency holds your complete record. Data flows through a layered system, and understanding that system helps you know where to look and who to contact when something is wrong.
- Police and sheriff’s departments generate the initial arrest report and submit fingerprints and arrest data to the state repository. That fingerprint submission is the anchor that ties all subsequent entries to the correct individual.
- Courts maintain dockets and are responsible for reporting final dispositions back to the state repository and, for many serious offenses, to the FBI. Incomplete disposition reporting is one of the most common data-quality problems in CHRI systems.
- State central repositories compile summary criminal histories from both law enforcement and court submissions. Every state has one; the name and access procedures vary. These repositories are the primary source for state-level background checks.
- FBI / CJIS and the Next Generation Identification (NGI) system maintain the federal fingerprint database. The FBI’s CJIS program receives arrest and disposition submissions from state and local agencies and uses fingerprint/biometric data to ensure positive identification in CHRI exchanges.
- National Crime Information Center (NCIC) is an FBI-operated database used by law enforcement for real-time queries on wanted persons, stolen property, and protection orders. It supports interstate record sharing but is not directly accessible to the public.
- National Instant Criminal Background Check System (NICS) is the FBI system used by federally licensed firearms dealers to check whether a buyer is prohibited from purchasing a gun. It draws on CHRI, NCIC, and other federal databases.
The Bureau of Justice Statistics documents that CHRI systems typically include fingerprint backing and that data-quality concerns center on completeness and timely reporting of dispositions. Because records are produced across thousands of agencies, a thorough check often requires both a state repository search and an FBI Identity History Summary request for federal-level completeness.
How are criminal records used in real life?
The practical reach of a criminal record extends well beyond a job application. The NCSL’s reentry toolkit documents how records create barriers across multiple life domains, including employment, housing, and licensing. Here is where records routinely appear:
- Employment screening: Most employers run background checks before hiring. A DWI conviction in New Hampshire, for example, can disqualify a candidate from commercial driving roles, healthcare positions, and government jobs.
- Professional licensing: Nursing boards, bar associations, real estate commissions, and contractor licensing agencies all review criminal histories. A felony conviction can bar licensure in many states.
- Housing: Landlords commonly use consumer background-check reports to screen tenants. Convictions for drug offenses or violent crimes are frequent grounds for denial.
- Immigration: A criminal conviction can trigger deportation, bar re-entry, or affect naturalization. The immigration consequences of a conviction in New Hampshire can be severe even for long-term residents.
- Child custody and family law: Courts consider criminal records when evaluating parental fitness. Criminal records affect parental rights in New Hampshire in custody determinations, particularly for offenses involving violence or substance abuse.
- Firearms purchases: NICS checks flag felony convictions, domestic violence misdemeanors, and other disqualifying offenses at the point of sale.
- Security clearances and adoption: Federal agencies and adoption agencies conduct thorough CHRI reviews that go beyond standard employment checks.
Consumer background-check reports (governed by the Fair Credit Reporting Act, or FCRA) differ from government-provided CHRI. FCRA-regulated reports come from commercial vendors who aggregate court and repository data; they are subject to accuracy and dispute rules enforced by the Federal Trade Commission. Government-issued CHRI is the authoritative source, but commercial reports are what most employers and landlords actually see.
Pro Tip: Before applying for a sensitive job or professional license, order both your state repository record and an FBI Identity History Summary. Commercial background-check vendors may show outdated or incomplete data, so knowing what the official record says gives you the chance to correct errors before a decision is made.
How do you get your own criminal record in the U.S.?
You have two main options: a state central repository request and an FBI Identity History Summary request. Most people need both for a complete picture.
Requesting your state criminal history
- Identify your state repository. Each state has a designated agency, often the State Police or Department of Public Safety. Search “[your state] criminal history repository” or check the NCSL toolkit for a directory.
- Complete the required form. Most states require a signed request form, a copy of a government-issued photo ID, and in some cases a set of fingerprints.
- Pay the fee. Fees vary by state. Many charge between $15 and $30 for a personal record request, though the exact amount depends on your state’s current schedule.
- Submit and wait. Processing times range from a few days to several weeks depending on the state and whether fingerprints are required.
- Read the returned summary. The report will list each arrest cycle, the charges, and the recorded disposition. Compare each disposition against any court paperwork you have.
Requesting an FBI Identity History Summary
- Go to the FBI’s Identity History Summary request page at fbi.gov. You can submit online through a channeler or by mail.
- Get fingerprinted. You will need a fingerprint card (FD-258) completed by an authorized fingerprint service provider. Many UPS stores, police departments, and private vendors offer this.
- Pay the fee. The FBI currently charges $18 for an electronic submission through an approved channeler.
- Submit your request. Online submissions through a channeler are typically processed faster than mail submissions.
- Review your summary. The FBI Identity History Summary reflects arrest and disposition data submitted to the FBI by state and local agencies. It may not include every state-level arrest if the originating agency did not report to the FBI.
- If the summary shows no record, the FBI will issue a “No Record” response.
- Retain the response document; you may need it for employment, licensing, or immigration purposes.
- For certified court records supporting a correction, the National Archives provides guidance on ordering copies from federal courts.
How do you correct errors on your criminal record?
Errors on criminal records are more common than most people expect. Missing dispositions, wrong charge descriptions, misidentification (being confused with someone who has a similar name or fingerprint), and duplicate entries all appear in real CHRI systems.
Common errors include:
- Missing or incorrect dispositions: The court entered a dismissal or acquittal, but the repository still shows the charge as “pending” or “convicted.”
- Misidentification: Your record contains arrests that belong to another person with a similar name or a clerical error in fingerprint matching.
- Alias mismatches: A prior name or alias is incorrectly linked to your record or to someone else’s.
- Duplicate records: The same arrest appears more than once under slightly different identifiers.
- Outdated entries: A conviction that was expunged or sealed still appears on the record.
The correction process follows these steps:
- Gather certified court documents. Obtain certified copies of the relevant court minutes, judgment of conviction, dismissal order, or acquittal from the court clerk. These are the primary evidence in any dispute.
- Contact the originating agency. If the error is in an arrest record, contact the police or sheriff’s department that made the arrest. If it is a disposition error, contact the court.
- Submit a correction request to your state repository. Each state has a formal challenge procedure. Provide the certified documents and a written explanation of the discrepancy.
- Escalate to the FBI if needed. If the error appears in your FBI Identity History Summary, the FBI’s CJIS division has a correction process. You will typically need to work through the originating state agency first, since the FBI relies on state submissions.
- Follow up in writing. Keep copies of every submission and note the dates. If you do not receive a response within the agency’s stated timeframe, follow up in writing and document that contact.
Pro Tip: Always request certified copies of court dispositions, not just printouts from an online docket. Certified documents carry the court’s seal and are the only form most repositories and the FBI will accept as proof of a correction.
What is the difference between sealing and expungement?
Sealing and expungement are both forms of record relief, but they work differently and carry different consequences. The NCSL reentry toolkit notes that these remedies vary significantly by state, and that federal records submitted to the FBI may remain accessible to certain agencies even after state relief is granted.
Sealing restricts access to a record. The record still exists, but it is hidden from most public and employer searches. Law enforcement and some government agencies can still see it.
Expungement goes further. It typically results in the destruction or removal of the record from the repository, though the definition and effect vary by state. Some states treat expungement as a complete erasure; others treat it similarly to sealing.
| Relief Type | Who Can Still See It | Typical Eligibility Window | Common Exceptions |
|---|---|---|---|
| Sealing | Law enforcement, some licensing boards, immigration | Varies; often 1–5 years after sentence completion | Serious felonies, sex offenses, crimes against children |
| Expungement | Varies by state; sometimes law enforcement only | Varies; often 3–10 years after conviction or arrest | Same as sealing, plus federal record exceptions |
| Administrative sealing | Usually law enforcement and courts | Often automatic after a set period for minor offenses | Depends on state statute |
Typical eligibility criteria and limits:
- First-time or low-level offenses are most commonly eligible.
- Waiting periods after sentence completion are standard.
- Serious felonies, violent offenses, and sex offenses are usually excluded.
- Sex-offender registration requirements typically survive expungement.
- Federal records and immigration records are not erased by state expungement orders.
- New Hampshire has its own expungement process with specific eligibility rules that differ from other states.
How do juvenile records and sex-offender registries differ?
Juvenile records
Juvenile records are generally treated differently from adult criminal records. In most states, arrests and adjudications that occur before age 18 are not included in CHRI unless the juvenile was tried as an adult. The rationale is rehabilitation: the justice system historically treats youthful offenses as matters of correction rather than permanent stigma.
That said, state rules vary considerably. Some states automatically seal juvenile records at age 18 or after a set period. Others require a formal petition. A few states allow juvenile records to be accessed for certain licensing or employment purposes even without adult prosecution.
Sex-offender registries
Sex-offender registries operate separately from CHRI. They are public databases, maintained at the state level and aggregated nationally through the Dru Sjodin National Sex Offender Public Website (NSOPW), which is administered by the Department of Justice. Registration requirements, duration, and public-access rules are set by state law and, for certain offenses, by the federal Sex Offender Registration and Notification Act (SORNA).
- Registry data is publicly searchable in most states, unlike standard CHRI.
- Registration obligations typically survive expungement of the underlying conviction.
- Tier levels (I, II, III under SORNA) determine registration duration and community notification requirements.
State variation is real. Before assuming any rule applies to your situation, check your state’s specific statutes or speak with an attorney familiar with your state’s framework.
How long does a criminal record last?
The honest answer is: it depends on the type of record, the agency holding it, and whether any relief has been granted.
- Convictions are generally permanent in state repositories and in the FBI’s NGI system unless expunged or sealed under applicable law.
- Arrests without conviction are retained by many agencies indefinitely, though some states require purging after a set period (often 3–7 years) if no conviction resulted.
- Dismissed charges remain on the record in most states unless the person actively petitions for sealing or expungement. The charge appearing does not mean a conviction occurred, but it is visible to anyone who sees the record.
- Juvenile records may be automatically sealed or destroyed at a certain age, depending on state law.
- Expunged records are removed from public access, but the underlying data may still exist in law enforcement systems or federal databases.
The BJS report on criminal history records highlights that data-quality concerns in CHRI systems often center on completeness and timeliness, meaning dispositions are sometimes never reported, leaving an arrest entry permanently open.
Pro Tip: If you were arrested but not convicted, do not assume the record corrected itself. Pull your state repository record and verify that the dismissal or acquittal was properly reported. If it was not, initiate the correction process described above.
What is the difference between a police record and a criminal record?
These two terms are often used interchangeably, but they refer to different things.
A police record refers to law-enforcement files: incident reports, investigative notes, field interview cards, and internal agency documentation. These records are created and held by the police or sheriff’s department. Some are public under state open-records laws; many are restricted, particularly while an investigation is active.
A criminal record (CHRI) is the official summary history compiled from arrest data and court dispositions. It is what appears on a background check and what state repositories and the FBI maintain.
Key distinctions:
- Who keeps it: Police records stay with the originating law-enforcement agency. Criminal records are compiled by state repositories and the FBI from submissions by multiple agencies.
- Who can access it: Some police records are available through public-records requests; CHRI is accessible to authorized users (employers, licensing boards, law enforcement) and to the subject of the record.
- When an arrest becomes CHRI: An arrest enters the CHRI system when the arresting agency submits the fingerprint card and arrest data to the state repository. The disposition enters when the court reports the outcome.
- Convictions are what create a conviction entry: An incident report alone does not create a conviction on your record. Only a court disposition does.
Common misconceptions about criminal records
Misunderstandings about criminal records can lead people to make poor decisions, whether that means failing to disclose something they should or assuming a record is clean when it is not.
- “An arrest means a conviction.” An arrest is a law-enforcement action. A conviction requires a court finding of guilt. Both can appear on a rap sheet, but they carry very different legal weight. Employers and landlords who treat an arrest as proof of wrongdoing may be violating EEOC guidelines.
- “All records are in one national database.” There is no single national database containing every criminal record. Records are dispersed across local police departments, courts, state repositories, and federal systems. The results of any search depend on which systems are queried and the searcher’s level of access.
- “Expungement erases every trace for every user.” State expungement orders do not automatically reach federal records, immigration databases, or private background-check companies that may have captured the record before the expungement. Some agencies retain access even after relief is granted.
- “Old records disappear on their own.” They generally do not. Convictions remain until formally addressed. Dismissed charges often remain visible unless the person petitions for relief.
When in doubt, verify with your state repository or the FBI rather than assuming. The official record is the only authoritative answer.
Reading a rap sheet: what each line tells you
A rap sheet can look confusing at first. The sample below illustrates a typical entry and what each element means.
Sample Rap Sheet Entry (Anonymized)
SID: NH-0012345 | FBI No.: 123456AB7
Name: John A. Sample | DOB: 01/15/1990 | Race: W | Sex: M
Cycle 001:
Arr. Agency: Manchester PD | Arr. Date: 03/14/2022
Charge 1: RSA 265-A:2 — DWI, 1st Offense (Class B Misdemeanor)
Court: 9th Circuit — Manchester | Case No.: 473-2022-CR-00456
Disposition: Guilty Plea — 05/02/2022
Sentence: 90 days suspended, $620 fine, 9-month license suspension, completion of impaired driver intervention program
| Rap-Sheet Field | What It Means | Action If Wrong |
|---|---|---|
| SID / FBI No. | State ID and FBI identifier tied to your fingerprints | Contact state repository if numbers are mismatched |
| Arr. Agency / Date | Who arrested you and when | Verify against arrest paperwork |
| Charge / Statute | The offense charged and the law cited | Compare to charging document from the court clerk |
| Disposition / Date | Court’s final ruling and when it was entered | Request certified court minutes if blank or incorrect |
| Sentence | What the court ordered | Compare to sentencing order from the court |
After reviewing a rap sheet, the next steps are straightforward: compare every disposition against certified court documents, request certified court minutes from the clerk if any disposition is missing or incorrect, and initiate the state repository correction process if you find a discrepancy. Fingerprint accuracy matters here because the SID and FBI number are what tie all entries to you specifically. A mismatch in those identifiers can mean someone else’s record appears on yours, or that your own entries are fragmented across multiple identities.
When should you get an attorney’s help?
Some record situations are genuinely straightforward. Ordering your own record, reviewing it for accuracy, and submitting a correction with certified court documents are tasks many people handle without legal help. But certain situations call for an attorney, and waiting too long can close options that were available earlier.
Consider consulting an attorney when:
- The error is complex or disputed. If the originating agency contests your correction request, or if the error involves misidentification across multiple cycles, navigating the process without legal guidance is difficult.
- You are pursuing sealing or expungement and are unsure of eligibility. Eligibility rules are technical, and a mistaken application can reset waiting periods or create a record of the attempt.
- Your record is affecting an immigration matter. The intersection of criminal records and immigration law is one of the most consequential areas of law, and errors or convictions can have permanent consequences.
- You are facing new criminal charges. A prior record affects charging decisions, plea negotiations, and sentencing. Understanding the criminal defense process from the start gives you the best chance of protecting your record going forward.
- Your record is affecting custody or family law proceedings. Courts weigh criminal histories in custody determinations, and the framing of that history matters.
Narolaw’s criminal defense attorneys serve clients throughout New Hampshire, handling criminal defense, record-relief matters, and the family law issues that often intersect with a criminal history. If you are dealing with a record error, a sealing or expungement question, or a new charge, a free consultation is the right first step.
Sources
These official resources are the most reliable starting points for ordering records, confirming procedures, and understanding your rights.
- FBI — Arrest/Disposition Submission | CJIS
- BJS — Criminal History Records in the United States (report)
- Information about Criminal Records – Legal Aid at Work
- Criminal Records and Reentry Toolkit — NCSL
This article provides general information about criminal records in the United States and is not a substitute for legal advice. Laws and procedures vary by state and change over time. Consult a qualified attorney or your state’s official repository for guidance specific to your situation.
