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Under The Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552, any person has the right to request access to public records: criminal records, arrests & warrants, inmate records, vital records & more.

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How to Find and Access Public Arrest Records

A certain Joe has moved into your neighborhood and has notched up quite a fan following amongst the kids in the area. So would you leave your kids with him when you go away on a vacation? Or consider this; do you think that the fresh-faced Ricardo, who claims he is a research scholar at the state university, would be a safe tenant to have? How do you decide? You go by the public arrest records. This is your best defense against unknown and the not-so-well-known individuals who are likely to enter your life and gain access to your belongings.

Other than background checking purposes, you may also need to access the public arrest records and produce the results for a variety of other reasons–to attain a visa, for immigration or international travel reasons, acquire security clearance to reside or work in any US jurisdiction, to adopt a child, and to obtain a license. An arrest record, or rather absence of one, is also considered a “certificate of good conduct” or “lack of a criminal record.”

Which Arrest Records are Public

To ensure that the citizens can protect themselves against criminals the law requires that all arrest records be made available to the public. The Department of Correctional Services in many states is responsible for maintaining, updating, and making available the public arrest records. You may obtain such information at the Departmental office or visit their official websites for a list of public arrest records.

The arrest records involving juveniles are not made public. Also the arrest details of some adult criminals are also not available on the public domain if the court has ordered the records to be sealed or if the records have been expunged.

Sources of Public Arrest Records

There are many websites that maintain the public arrest records. You may access some for free, while for some other you may have to register at the site and pay a subscription amount. But it is always best to rely on a public arrest record provided by a government law enforcement agency. The Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) maintains a central repository of criminal justice information, wherein you may search for the public arrest records. This information is available to local, state, national, and international law enforcement authorities, for academic and research purposes, the private sector, and certain other government agencies.

The FBI also makes available this information to the subject of an identification record. The copies of the public arrest records can be obtained with a written request made to CJIS. The request must carry along with it some identity proof that consists of the name of the individual, place and date of birth, and a set of fingerprint records, rolled in ink and submitted on fingerprint cards available at the local police station. Mail this request or submit it in person at FBI’s CJIS Division, Attn: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306. Also provide an authorized check or money order of USD 18 along with the public arrest record request.

Check the public arrest records, and lay to rest those niggling doubts about your new neighbor or tenant.

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