Understanding Police Records and Clear Incidents

Have you ever asked yourself what happens if the police are called on someone and, after proper investigation, they are found to be innocent? Does a report of the incident remain on their record? This article will clarify the situation and explain the differences between a criminal record and a police report that is not filed as a criminal charge.

Cleaning Up After a Police Encounter

When the police are called to a situation, they may or may not file a criminal charge. Many factors go into deciding whether or not to file charges, including the nature of the incident, available evidence, and the behavior of the individuals involved. If no charges are filed, you may wonder how this will impact your record or the person reported.

Arrests and Fingerprinting

Typically, if you are not arrested, charged, fingerprinted, or have a mug shot taken, you do not have a criminal record. However, in certain communities, even if no charges are filed, the incident can still be known and may affect future interactions or judgments.

Field Encounters and Their Implications

A field encounter is a report made by police officers documenting their observations and actions during an incident where no criminal charges are filed. These records are generally purged after five years unless new information comes to light. In the UK, if you are not found guilty, you will not have a criminal record from this encounter, but your name may appear in a intelligence log depending on your involvement. The incident will definitely be recorded in the incident log made by the police upon their attendance.

Record Keeping in the United States

In the United States (CA), records of all contacts with law enforcement are kept, especially if your name is included in a report. Information such as witness, suspect, victim, or involved party is stored in databases accessible to law enforcement, though not for employment purposes. If you are involved in an identified suspect case, law enforcement will conduct a background check to find more information about the individual. This could include your name and previous encounters with law enforcement.

The Nature of Police Reports

A police report is not a finding of fact. It is an officer's documentation of an incident, including their perceptions, actions, and findings. Without the officer who wrote the report testifying to the report's accuracy, it remains hearsay. There are instances where the report may not even be written down. For example, loud parties, wind-blown trash cans, and open gates may resolve without a report being filed. Such incidents are only recorded in the agency's Computer-Aided Dispatch (CAD) and Records Management System (RMS) digital files. These records are not considered "criminal records."

Even if someone is charged with a crime and acquitted, their name is still associated with the charge. This information is not eliminated unless the charge is sealed or expunged by court order. Even then, parts of the record may still survive. The procedures for sealing records are not always foolproof.

Conclusion: Managing Your Record After an Incident

Understanding the differences between a police report and a criminal record is crucial. While your name may be listed in a report in some cases, the mere existence of a report does not automatically mean a criminal record. It is important to clarify the differences and understand the implications for future interactions.

For more information on managing your record after an incident, consult a legal professional or the relevant law enforcement agency. They can provide guidance on sealing or expunging records to minimize the impact of any past incidents.