Increasing the Utility of the Criminal History Record: Report of the National Task Force
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U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Increasing the Utility of the Criminal History Record: Report of the National Task Force Findings Recommendations Criminal Justice Information Policy U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Increasing the Utility of the Criminal History Record: Report of the National Task Force December 1995, NCJ-156922 Contents U.S. Department of Justice Highlights iii Bureau of Justice Statistics Introduction 1 Jan M. Chaiken, Ph.D. Director Task Force findings 4 This report was prepared by SEARCH, Task Force recommendations 14 The National Consortium for Justice Information and Statistics, Francis J. Appendixes 37 Carney Jr., Chairman, and Gary R. Task Force Participants Cooper, Executive Director. The project Federal Bureau of Investigation director was Sheila J. Barton, Deputy List of Nonserious Offenses Director. Jodi M. Hrbek, Robert L. Sample Transmission Format Marx, Terri L. Nyberg and Paul L. for the Interstate Exchange Woodard provided staff assistance for of Criminal History Records this report. Twyla R. Cunningham, Manager, Corporate Communications, Supplement edited this report. Jane L. Bassett, Rap Sheet Presentation Format Publishing Assistant, provided layout and Draft Interim Specification design assistance. The Federal project monitor was Carol G. Kaplan, Assistant Deputy Director, Bureau of Justice Statistics. Report of work performed under BJS Cooperative Agreement No. 92-BJ-CX-K012, awarded to SEARCH Group, Incorporated, 7411 Greenhaven Drive, Suite 145, Sacramento, California 95831. Contents of this document do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. Copyright ® SEARCH Group, Incorporated, dba SEARCH, The National Consortium for Justice Information and Statistics, 1995. The U.S. Department of Justice authorizes any person to reproduce, publish, translate or otherwise use all of any part of the copyrighted material in this publication with the exception of those items indicating they are copyrighted or printed by any source other than SEARCH, The National Consortium for Justice Information and Statistics. Page ii National Criminal History Record Task Force Report Highlights A number of national-level developments To make informed decisions, the The Task Force recommendations in recent years have demonstrated the need criminal justice system needs complete, for more uniform and readable State accurate, timely, accessible, and easily Each State should have procedure for criminal history records. The content and understandable criminal history record obtaining, and indicating on its criminal format of such records are of increasing information. history records that it transmits inter- importance, given the growing use of rap state, arrest data (including fingerprints) sheets in firearms presale checks and a wide The complexity of the criminal justice and related disposition and corrections range of pre-employment decisions. All system and the large number of agencies data for all arrests or indictments occur- States having a common understanding of that have roles in the processing of ring in the State for all felony offenses the standard rap sheet is important for criminal cases and the custody and and all misdemeanor offenses except criminal justice as well as for authorized supervision of offenders add to the those nonserious offenses for which the noncriminal justice purposes. It is espe- difficulty of establishing complete, Federal Bureau of Investigation will not cially important for users to be able to look accurate, and intelligible criminal history accept fingerprints and related informa- at a rap sheet and quickly determine records. tion. whether particular types of information are contained in it. Increasing numbers of citizens are A State transmitting a record to another being affected by the quality and legibility State or to a Federal agency should en- To address this need, The National Task of criminal history records because of the sure that the following data elements are Force on Increasing the Utility of the expanding uses of these records for provided: Introductory, identification, Criminal History Record was convened to noncriminal justice decisions, such as criminal justice summary, arrest, prose- improve the quality, reliability and licensing and employment eligibility. cutor, court, corrections and executive readability of criminal history records clemency data. exchanged among the States and between The criminal history records now the States and the Federal government. produced by the State repositories differ A State transmitting a record to another The Task Force met over a 2-year period significantly in content and format. State or to a Federal agency should struc- to discuss the utility of existing criminal ture the record in the format of the Model history records, examine the data elements Implementation of the Interstate interstate criminal history record. that currently appear on rap sheets, prepare Identification Index (III) system has a set of findings, and develop a common rap increased the need for uniform criminal Appropriate authorities should imple- sheet for use among the States. history records. ment a nationwide transmission format for the interstate of criminal history Following the completion of the work of Information concerning record subjects records. the Task Force, the Membership Group of that may be relevant for criminal justice SEARCH, the National Consortium for purposes, as well as authorized The model rap sheet Justice Information and Statistics, endorsed noncriminal justice purposes, may exist the report. In addition, SEARCH went on in databases other than the criminal The model rap sheet, presented in an record to advocate all States' compliance history record system. easy-to-read, noncolumnar format, was with the recommendations within 5 years. designed to make the rap sheet easier for Endorsement by other national organiza- State criminal history records increas- users to understand and interpret. The tions directly affected by the recommenda- ingly contain "flags" symbols or set of data elements for the rap sheet is tions is ongoing. notations, such as "F" for felony intended to include all pertinent conviction. Many flags are based on information without overburdening Summary of Task Force findings particular requirements under State law, systems with the collection of extraneous raising a concern that their inclusion on information. Some features of the model All levels of government have interstate rap sheets may cause confusion rap sheet include: demonstrated needs for reassessing the if the basis for the flags is not generally utility of the criminal history record. understood throughout the country or Clearly defined linkages between the defined on each record. arrest and other subsequent activities and State and Federal legislation requires or dispositions on the rap sheet authorizes greater utilization of the criminal history record by criminal justice users. National Criminal History Record Task Force Report Page iii Sufficient information to allow users to identify the agencies that contributed particular information A notice of the existence of sealed information that some users may be authorized to obtain Computer interfaces to enhance the quality and efficacy of the criminal his- tory record. In addition to the presentation format, the Task Force recommended a standard transmission format to ensure informa- tion from a State can be easily formatted into the model presentation format, even if the contributing State has not adopted the model format itself. This recommen- dation is modeled after the FBI's nation- wide transmission format for the information content of the fingerprint card. Page iv National Criminal History Record Task Force Report I. Introduction The Task Force recommended strategies for improving The need for more uniform and disposition reporting.1 The number readable criminal history records was This report sets out the findings and one strategy was a recommendation echoed by the Advisory Policy Board recommendations of the National for the establishment of a high-level, (APB) of the Federal Bureau of Task Force on Increasing the Utility broadly representative task force in Investigation’s National Crime of the Criminal History Record each State to identify needs and issues Information Center (FBI NCIC).3 (“Criminal History Record Task across the population of authorized The State-based APB has provided Force” or “Task Force”). The Task users of the criminal history record. ongoing evaluation of the phased Force was convened under a In its Commentary on this testing and implementation of the cooperative agreement between the recommendation, the Task Force set Interstate Identification Index (III), a Bureau of Justice Statistics (BJS), out some of the problems that State cooperative State/FBI undertaking to U.S. Department of Justice, and task forces should address: establish a decentralized, national SEARCH, The National Consortium criminal history record system for for Justice Information and Statistics. The state task force should handling interstate and Federal/State The purpose of the Task Force was to strive to improve the quality record requests and exchanges.4 In develop recommendations concerning and reliability of the criminal evaluating the first pilot project of the content of criminal history records history record