Criminal Records in the Digital Age: A Review of Current Practices and Recommendations for Reform in Texas

• NCJ Number: 243218
• Author(s): Helen Gaebler
• Date Published: March 2013
• Length: 43 pages
• Sale Source: University of Texas
• Publication Format: Document; Document (Online)
• Publication Type: Research (Applied/Empirical); Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

After examining the problems associated with cheap and virtually instant access to criminal records and the justifications for relying on them, this study analyzed how Texas maintains and disseminates criminal history information, followed by recommendations for reform in the management of criminal records in the digital age.

Abstract

Across the United States, criminal records are increasingly available to the public through government repositories and commercial vendors. This increases the likelihood that convicted individuals who have served their sentences and are attempting to find employment, housing, and supplemental benefits in order to rebuild their lives will be denied these essentials because persons who manage these domains have easily determined that an applicant has a criminal record. Texas' efforts to reduce these collateral consequences of a criminal record have focused on the problems that occur after criminal records have already been made publicly available. The current study concludes that this is too late. Once criminal records have been publicly released and incorporated into online databases, it is difficult, if not impossible, to remove them from circulation or control their use. Ten recommendations are presented as deserving priority attention in Texas. Among these is the recommendation to apply uniform criminal-records release procedures statewide to all criminal record holders; at a minimum, prohibit public access to all non-conviction records and to deferred adjudication records after discharge and dismissal of the underlying case. Also, prohibit the release of deferred adjudication and conviction-related records after 5 to 10 years to all but criminal justice agencies, depending on the offense and disposition and following successful completion of any supervision. Also, adopt a first-offender statute for low-level, non-violent offenses, automatically expunging all related records following successful completion of any supervision. 201 notes