Arrest records may not be public in some countries, but individuals can request their own records. In the US, state laws vary, but employers and landlords may still request them. Law enforcement websites may offer searches, but certified copies require a fee and may need to be requested in person or by mail. Access to secret criminal records may require forms and identification, and government employers can usually access them.
Jurisdictions around the world, and even in the United States, differ as to whether an arrest history is considered a public record. While an individual almost always has the right to request a copy of their arrest record, the general public may not have that right. You can usually request an official arrest history or background check through the state or local law enforcement agency in the jurisdiction where you are requesting the record. Unofficial background checks may also be available for a fee through a number of online companies.
Not all countries consider a person’s criminal record to be public information. For example, in Mexico, criminal records are not public information and therefore cannot be requested by anyone other than the individual who is the subject of the arrest. In the United States, individual state laws determine whether a person’s arrest history is public information; however, in all cases, an individual has the right to request their own records. In states where the information is not fully public, a prospective employer or landlord may still have the right to request an arrest history for a job or rental applicant.
The easiest way to access an arrest history is often through the law enforcement website within the jurisdiction where the record is located. Many law enforcement agencies have a “search record” option on their website, which can be easily searched by anyone with basic identifying information about the person being searched. If, however, a certified copy of your arrest history is required, it typically must be requested by mail or in person and a fee may apply. Many online companies will also conduct a search for a paid arrest record.
If criminal history is being sought in a jurisdiction where it is not considered public information, then a record in person or by mail should be requested. It is often necessary to fill out a form and present photo identification to verify that the person requesting the information is legally entitled to access the registry. When the record is requested by someone other than the subject of the record, such as a prospective employer, it may be necessary to sign an affidavit stating the identity and legal authority of the person requesting the record. Keep in mind that, in most cases, law enforcement, the courts, and government employers can access a person’s criminal record even when the information is considered secret from the public.
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