The Criminal Rap Sheet Examination & Comprehension

Every time a person is taken into custody and fingerprinted in any state, that person has developed a "rap sheet" in that state. A criminal rap sheet is an account of criminal activity committed by a person, and the State Department of Justice ("DOJ") is responsible for maintaining rap sheets.

Each state has its own rap sheet, and every time the person is taken into custody in that state, it is added to the existing rap sheet. To explain further: if someone is arrested in Arizona, a rap sheet is created by the Arizona State Department of Justice for that person, even if that person also has a rap sheet in Texas for crimes committed there.

So, a separate rap sheet is generated each time a person is detained and fingerprinted in another state. Want to have a rap sheet in each of 20 states, then get arrested in 20 different states!

Now, if someone is arrested for a federal crime, the FBI maintains a separate rap sheet on that person. This is in addition to the FBI file containing detailed accounts of that person's arrests throughout the country and any additional federal arrests.

If someone is taken into custody for a matter, for example, driving under the influence (DUI), after the court makes its decision, those records of the decision are sent to the DOJ. DUI cases are not concluded with a "guilty" or "not guilty" verdict, but rather with determinations such as "acquitted", "convicted", "dismissed", or "not convicted".

In a DUI matter, the rap sheet will reflect a conviction, which would result from either the person pleading "guilty" or the determination at trial was guilty. The offense of a criminal conviction, such as a DUI conviction, is established by the nature of the case itself and the type of offense (felony or misdemeanor).

Let's say the person entered a plea of guilty and agreed to complete a court-appointed probationary period, that guilty plea would not be recorded as a conviction if the person did indeed complete the probation.

A person's rap sheet can reflect a conviction whether the person was incarcerated for a period of time or not. A conviction can be a court decree of community service, conditional sentencing, fines or probation. The rap sheet will have a "disposition" entry detailing the kind of offense for which the person was convicted.

The standard items you will see on a person's rap sheet will consist of non-criminal offenses called infractions that will likely have a fine attached to them but the defendant does not have to be incarcerated for any length of time. Infraction offenses could be anywhere from speeding tickets to loitering in a public area.

Typically, a first DUI conviction will be accompanied by a short time in jail, a fine, and several other penalties, and that is usually labeled as a Misdemeanor offense on a rap sheet.

Arson, burglary, carjacking, robbery, and DUI which injures someone else are labeled Felony offenses because they are considered very serious and their penalties can include time in prison.

A Wobbler is another kind of offense that could appear on someone's rap sheet. Different states call this type of conviction by different names. Essentially, a criminal offense that can be labeled as a Felony or a Misdemeanor is called a Wobbler, after its ability to "wobble" between the classifications. Assault with serious bodily injuries, grand theft, DUI and possession of stolen property are all examples of Wobblers.

The rap sheet might contain special dispositions which have deferred entry of judgment. To qualify for deferred entry of judgment you must meet certain conditions established by the court, such as being charged with DUI but having no previous convictions involving violence or drugs. However, meeting the conditions alone will not give you a deferred judgment because the prosecution must agree to the deferred judgment for the court to accept it.

When someone has completed specific court ordered criteria, for example finishing a court-ordered drug and alcohol treatment program in lieu of spending time in jail, it is called Conditional Sentencing.

Vacating or Setting Aside a Guilty Plea or Verdict is another kind of special disposition. If the person has fulfilled their court-ordered probationary criteria or has been victorious in the appeals process, the court may set aside the verdict or guilty plea.

If you fail to appear for your duly appointed court date, the court can issue what is called a bench warrant for your arrest, and the court then informs the DOJ. When a bench warrant is handed down, that warrant goes on your rap sheet right next to any prior convictions you may have had.

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