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Should Criminal Records Not Be Available to the Public?

Should Criminal Records Not be Available to the Public?

  • Yes, limit access to police agencies, courts, defense attorneys and proscutors

    Votes: 10 50.0%
  • No, we have a right to know about a person's criminal record.

    Votes: 10 50.0%

  • Total voters
    20
Please, that is a red herring if ever I saw one. You are trying to compare apples and cars. In the first place, neither bad credit nor bankruptcy prevents lenders from making additonal loans. It just increases the interest rate and reduces the amounts typically loaned until the person builds up his credit again. Second, systems are in place that allow a person to rebuild his credit, not the least of which is that most "bad credit" can only remain in credit reports for seven (7) years, while bankruptcy is 7 to 10 years.

Now unless your state offers some form of record expungement process (not all do, and several that do only allow it for arrests that don't lead to charges, and/or charges that don't lead to actual convictions), your criminal record is public and follows you for life.

Then, as already demonstrated by your comments, most people presume that if you've been convicted of a crime, you are a "criminal threat" for the rest of your life. Of course if you are already pre-judged and can't escape the effects of such prejudice, why not continue in a life of crime?

Personally I find it a strange sort of attitude for people to hold such prejudices, since I believe that just about everyone old enough to know what they are doing has committed some level of criminality in their life, they just haven't been caught. It could be as simple as regularly "fudging" your tax returns, smoking a little pot, committing acts of vandalism, or it could be something much more serious as in sexual deviancy, assault, even murder.

My view is that punishment should fit the crime, but once the punishment is completed and society allows you to return then society in obligated to accept you back without reservations.

pedophiles too?
 
I saw a poll which asked "Should Criminal Records Be Erased After the Sentence is Served?" I think the pollster asked the wrong question (for the right reasons though).

The REAL question should be about public access. Thanks to data-mining companies and Background Check services, every-ones dirty laundry is open to the public. That's because we all seem to think we have a right to know everyone else's secrets, while at the same time wanting to keep our own from public view.

At issue for me is the concern that convicted felons who cannot re-integrate into society upon release, will most certainly return to a life of crime. It may surprise most people but there are approximately 65 million adult American citizens with a criminal record. This makes them effectively un-employable because they are asked on most job applications if they have been convicted of some level of crime (misdemeanor or felony). If they say yes, they don't get the job. If they say no, a background check results in their being fired a few months after hire for "lying on their application."

Our society works on the presumption that if a person has commited even one crime he/she is no longer to be trusted, ever! This leads to a form of social exile, forcing ex-felons to congregate and associate leading to eventual recidivism.

Rather than erasing a record upon release, why not simply leave the record access to police agencies, prosecutors, and the courts? That's the question. Your thoughts?

Yes. Exceptions for child molesters and rapists. Arrest records where there was never any conviction should especially be sealed.
 
I'm not interested in the gory details, but I sure as hell want to know if a hard core criminal like a convicted sex offender has moved into my neighborhood.
 
pedophiles too?

That simple two word response is not an argument but merely an appeal to emotion. A lot of assumptions are made by that response, i.e. that we agree on the definition of a "pedophile," that we agree all "pedophiles" are 100% certain to commit an offense again, that we agree simply being on a sex offender registry means the person identified is actually a "pedophile," and that being aware of his existence actually serves to protect our children from this offender.

Accepting the Diagnostic and Statistical Manual (DSM IV) definition of a "pedophile" as a person involved in sexual activity with a prepubescent child generally age 13 years or younger, I would personally consider any person diagnosed with this affliction as suffering from a severe mental disorder requiring permanent treatment in a state mental facility until such time as a permanent cure could be effected.

However, The DSM also indicates that a single act of this type does NOT constitute pedophilia, since it takes repeated acts over a six month period to demonstrate this tendency. A single act could have been the result of experimentation, drunken mistake, or an emotional break-down, all leading to immediate regret and future disinterest.

Therefore it is entirely possible for a person to have been arrested and convicted of a single such act and upon release never be a threat to any child again. That's determined via mandatory sex offender evaluations conducted during the process of the individual’s arrest, incarceration, and supervised release.

A second problem with your simple response is that persons who engage in sexual activity with juveniles aged 15 - 19 are mislabeled "pedophiles." The DSM IV labels such activity as "Ephebophilia" and states it is NOT a mental disorder, and is considered by both the American Psychiatric Association and the American Psychological Association as a normative adult sexual behavior pattern.

But in 11 states the legal age of consent is 18, therefore anyone in those states who engages in sexual activity with a person under 18 is considered criminally liable and upon conviction is labeled a sex offender. In 8 others the legal age of consent is 17, while in the remaining 31 states and the District of Columbia it is 16. So as you can see it is entirely possible for someone who would be performing an entirely legal act in one state could be convicted of a sex offense and mislabeled a "pedophile" in another depending on "age of consent" laws.

I would not consider such people an ongoing "threat" unless of course they lived in a state where the age of consent was older than 16. But that's because I am obviously more aware, and therefore more tolerant than others in this respect.

Finally, a Department of Justice study released in November 2012 (found here https://www.ncjrs.gov/pdffiles1/nij/grants/240099.pdf) found that the recidivism rate for all sex offenders across the nation was only 10.3% over a 10 year period after release, and this rate drops dramatically thereafter as the offender's aged.

So to finally answer your question, yes, I believe that only the police, courts, and prosecutors/defense attorneys need access to such records for ALL persons released into the community, even "pedophiles." That's because unlike most people who have bought into the myth of high sex offender recidivism rates, they won't abuse the knowledge.

I'm not interested in the gory details, but I sure as hell want to know if a hard core criminal like a convicted sex offender has moved into my neighborhood.

In light of my response, I obviously don't agree. Why do you think you need to know when as long as the cops know they can investigate properly to determine the truth in any criminal act involving your kids without playing a blame game.
 
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I'm not interested in the gory details, but I sure as hell want to know if a hard core criminal like a convicted sex offender has moved into my neighborhood.

I want to apologize for the prior statement, of course any parent would be angry if their child suffered abuse from someone in the neighborhood and they had not known in advance the person was a threat.

What I meant to say (and could not edit since my time ran out according to forum rules) is: In light of my response, I obviously don't agree. Why do you think you need to know when as long as the cops know who lives in the neighborhood they can investigate properly to determine the truth in any criminal act without playing a blame game.

My meaning was that just because you "know" of an offender living in your neighborhood, it does not statistically provide any greater protection for your children than not knowing would. Meanwhile, not knowing would prevent anyone from acting in an unnecessarily hostile manner towards a person who is statistically unlikely to re-offend anyway.
 
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What purpose does it serve to continue to hold something against someone that they have already paid for? The difference between a convicted criminal and the vast majority of Americans is simply the word "convicted". I do not believe that there are very many of us who haven't committed a felony at some point in our lives. These people paid their debt to society and then get it held against them the rest of their lives. We force them to live is ****tier neighborhoods, we force them into ****tier jobs, and look down on them whenever we can. (we meaning society as a whole). And then we are surprised when they commit another crime. Opportunity changes a lot of things.
 
I'm not interested in the gory details, but I sure as hell want to know if a hard core criminal like a convicted sex offender has moved into my neighborhood.

Why should you they have a much of a right of privacy you do, all it promotes is vigilantism. The only people who need to know is the police.
 
That simple two word response is not an argument but merely an appeal to emotion. A lot of assumptions are made by that response, i.e. that we agree on the definition of a "pedophile," that we agree all "pedophiles" are 100% certain to commit an offense again, that we agree simply being on a sex offender registry means the person identified is actually a "pedophile," and that being aware of his existence actually serves to protect our children from this offender.

Accepting the Diagnostic and Statistical Manual (DSM IV) definition of a "pedophile" as a person involved in sexual activity with a prepubescent child generally age 13 years or younger, I would personally consider any person diagnosed with this affliction as suffering from a severe mental disorder requiring permanent treatment in a state mental facility until such time as a permanent cure could be effected.

However, The DSM also indicates that a single act of this type does NOT constitute pedophilia, since it takes repeated acts over a six month period to demonstrate this tendency. A single act could have been the result of experimentation, drunken mistake, or an emotional break-down, all leading to immediate regret and future disinterest.

Therefore it is entirely possible for a person to have been arrested and convicted of a single such act and upon release never be a threat to any child again. That's determined via mandatory sex offender evaluations conducted during the process of the individual’s arrest, incarceration, and supervised release.

A second problem with your simple response is that persons who engage in sexual activity with juveniles aged 15 - 19 are mislabeled "pedophiles." The DSM IV labels such activity as "Ephebophilia" and states it is NOT a mental disorder, and is considered by both the American Psychiatric Association and the American Psychological Association as a normative adult sexual behavior pattern.

But in 11 states the legal age of consent is 18, therefore anyone in those states who engages in sexual activity with a person under 18 is considered criminally liable and upon conviction is labeled a sex offender. In 8 others the legal age of consent is 17, while in the remaining 31 states and the District of Columbia it is 16. So as you can see it is entirely possible for someone who would be performing an entirely legal act in one state could be convicted of a sex offense and mislabeled a "pedophile" in another depending on "age of consent" laws.

I would not consider such people an ongoing "threat" unless of course they lived in a state where the age of consent was older than 16. But that's because I am obviously more aware, and therefore more tolerant than others in this respect.

Finally, a Department of Justice study released in November 2012 (found here https://www.ncjrs.gov/pdffiles1/nij/grants/240099.pdf) found that the recidivism rate for all sex offenders across the nation was only 10.3% over a 10 year period after release, and this rate drops dramatically thereafter as the offender's aged.

So to finally answer your question, yes, I believe that only the police, courts, and prosecutors/defense attorneys need access to such records for ALL persons released into the community, even "pedophiles." That's because unlike most people who have bought into the myth of high sex offender recidivism rates, they won't abuse the knowledge.



In light of my response, I obviously don't agree. Why do you think you need to know when as long as the cops know they can investigate properly to determine the truth in any criminal act involving your kids without playing a blame game.

People that think like this should be on a list as well, because I would not want my children around someone that would harbor a criminal or pedophile.
 
I say yes & no for the choices. Yes, it's important for legitimate public access; however, all of these dot coms should be banned. They do it for all the wrong reasons. If some one needs info, they should have to do their own research and request.

The penal system has become too profitable to really be interested in reforming criminal behavior. Better to ensure (encourage) repeat offenders.
 
People that think like this should be on a list as well, because I would not want my children around someone that would harbor a criminal or pedophile.

Amazing...and you list yourself as being "Libertarian?" Seems like you don't support the First, Fourth or Fifth Amendments in the Bill of Rights with that particular statement. Perhaps you might want to change your political affiliation to "Fascist?" Just saying.
 
I saw a poll which asked "Should Criminal Records Be Erased After the Sentence is Served?" I think the pollster asked the wrong question (for the right reasons though).

The REAL question should be about public access. Thanks to data-mining companies and Background Check services, every-ones dirty laundry is open to the public. That's because we all seem to think we have a right to know everyone else's secrets, while at the same time wanting to keep our own from public view.

At issue for me is the concern that convicted felons who cannot re-integrate into society upon release, will most certainly return to a life of crime. It may surprise most people but there are approximately 65 million adult American citizens with a criminal record. This makes them effectively un-employable because they are asked on most job applications if they have been convicted of some level of crime (misdemeanor or felony). If they say yes, they don't get the job. If they say no, a background check results in their being fired a few months after hire for "lying on their application."

Our society works on the presumption that if a person has commited even one crime he/she is no longer to be trusted, ever! This leads to a form of social exile, forcing ex-felons to congregate and associate leading to eventual recidivism.

Rather than erasing a record upon release, why not simply leave the record access to police agencies, prosecutors, and the courts? That's the question. Your thoughts?

What do you think of the site at the link below? It has all the arrests in Georgia and can be searchable by county or other ways. So in theory someone could be arrested on a Friday night and Monday morning their boss and/or co-workers would know what they were arrested for by a simple search on the internet.

Latest Georgia Arrests
 
What do you think of the site at the link below? It has all the arrests in Georgia and can be searchable by county or other ways. So in theory someone could be arrested on a Friday night and Monday morning their boss and/or co-workers would know what they were arrested for by a simple search on the internet.

Latest Georgia Arrests

My my, isn't the information age truly amazing?? Must make for wonderful gossip around the office watercooler in Georgia these days. ;)
 
Amazing...and you list yourself as being "Libertarian?" Seems like you don't support the First, Fourth or Fifth Amendments in the Bill of Rights with that particular statement. Perhaps you might want to change your political affiliation to "Fascist?" Just saying.

Your forfeit those rights when you commit felonies against others.
 
Your forfeit those rights when you commit felonies against others.

WHAT THE EFF!!!! You are seriously mis-informed if you honestly believe that foolishness my friend.

The Courts have held that most rights are severly curtailed while in prison. However, you NEVER lose your right to invoke the Fifth Amendment and refuse to speak; nor your right to an attorney if you face additional criminal charges even if the crime occurs while in prison. Furthermore, when released into society on probation or parole you regain most of your rights although if you are on parole you still have no right to privacy until the period of parole is over.

However, once you are released from all supervison you regain all of your rights (with the possible exception of firearms possession depending upon the level of the offense and the nature of the crime; and voting rights permanently in the state of Virginia). Wherever did you get the idea that you forfeit all rights simply because you commit (and I assume you mean are arrested and then convicted of) felonies?
 
Your forfeit those rights when you commit felonies against others.

By the way, when I said: "Amazing...and you list yourself as being "Libertarian?" Seems like you don't support the First, Fourth or Fifth Amendments in the Bill of Rights with that particular statement. Perhaps you might want to change your political affiliation to "Fascist?" Just saying.", I was referring to YOUR comment in Post # 33.

You know, the one where you felt that people who have done nothing criminal, just disagree with your ideology on the subject of public registration, should be placed on a public "list" too so you could ostracize them. That's fairly fascist reasoning, eh?
 
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By the way, when I said: "Amazing...and you list yourself as being "Libertarian?" Seems like you don't support the First, Fourth or Fifth Amendments in the Bill of Rights with that particular statement. Perhaps you might want to change your political affiliation to "Fascist?" Just saying.", I was referring to YOUR comment in Post # 33.

You know, the one where you felt that people who have done nothing criminal, just disagree with your ideology on the subject of public registration, should be placed on a public "list" too so you could ostracize them. That's fairly fascist reasoning, eh?

No, that is called harboring a criminal, we would run you out of town here anyway, I am not worried
 
WHAT THE EFF!!!! You are seriously mis-informed if you honestly believe that foolishness my friend.

The Courts have held that most rights are severly curtailed while in prison. However, you NEVER lose your right to invoke the Fifth Amendment and refuse to speak; nor your right to an attorney if you face additional criminal charges even if the crime occurs while in prison. Furthermore, when released into society on probation or parole you regain most of your rights although if you are on parole you still have no right to privacy until the period of parole is over.

However, once you are released from all supervison you regain all of your rights (with the possible exception of firearms possession depending upon the level of the offense and the nature of the crime; and voting rights permanently in the state of Virginia). Wherever did you get the idea that you forfeit all rights simply because you commit (and I assume you mean are arrested and then convicted of) felonies?

You lose your right to vote, and since you made poor decisions you forfeit your right to a normal life ever again as it should be
 
No, that is called harboring a criminal, we would run you out of town here anyway, I am not worried

Of course you aren't, no Fascist ever is....at least not until it is HIS turn to be "placed on a list" and "run out of town."

You lose your right to vote, and since you made poor decisions you forfeit your right to a normal life ever again as it should be

Even that is not true. In fact, in a few states felons are still allowed to vote while they are in prison. Only the state of Virginia permanently denies a convicted felon the right to vote, and that is STATE law peculiar to that state alone.

Geez I didn't know you were the second coming of Christ! All hail the perfect human, who has NEVER made a poor decision in HIS life. You are so wound up about passing judgement on others that I am willing to bet you've done something very very naughty in your life and just haven't been caught yet. Only time will tell.
 
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