WEBVTT - Why You Probably Have a Criminal Record 0:00:00.280 --> 0:00:02.840 Brought to you by the reinvented two thousand twelve camera. 0:00:03.160 --> 0:00:07.480 It's ready. Are you welcome to Stuff you Should Know 0:00:08.119 --> 0:00:16.360 from House Stuff Works dot Com. Hey, and welcome to 0:00:16.400 --> 0:00:19.960 the podcast. I'm Josh Clark. There's Charles W Chuck Bryant. 0:00:19.960 --> 0:00:24.040 You have a migraine or something. Um, I don't get migraines. 0:00:24.360 --> 0:00:27.240 Oh that's good. I don't either. You just knocked on 0:00:27.280 --> 0:00:30.479 your head. Yeah, there's no wood nearby. I bet this 0:00:30.560 --> 0:00:35.320 is woodish. Yeah. Yeah, we're good. Um do you put 0:00:35.440 --> 0:00:38.240 us together? And you've got a little podcast called Stuff 0:00:38.240 --> 0:00:42.440 you Should Know? That's right. Yeah, you've been doing this 0:00:42.680 --> 0:00:48.320 for four and I we bet we're very close. So 0:00:49.040 --> 0:00:51.520 not bad. I know it's not bad. We're I guess 0:00:51.560 --> 0:00:55.080 you could say we're um, we're starting to get our stride. 0:00:55.320 --> 0:00:57.600 Wait for someone to come take the keys away and 0:00:57.640 --> 0:00:59.639 send me in my room. And I think that this 0:00:59.760 --> 0:01:02.680 is I think they stopped paying attention. They're not really 0:01:02.680 --> 0:01:06.240 aware that we're doing this any longer. Any importance actually listen, 0:01:06.319 --> 0:01:12.679 So that's always good. But who listens is important? That's right. 0:01:13.480 --> 0:01:16.160 That's a good point. So, Chuck, you ever seen the 0:01:16.200 --> 0:01:21.160 movie Scarface? Yeah? You know, like the whole beginning part 0:01:21.240 --> 0:01:25.880 where he comes to Miami from Cuba. So that was 0:01:26.000 --> 0:01:29.840 based um on an actual historical event called the Merriel 0:01:29.920 --> 0:01:33.200 boat Lift. Yeah, I think I knew that. So between um, well, 0:01:33.240 --> 0:01:37.280 then sit back and listen up to something you already know. 0:01:38.480 --> 0:01:44.400 Between April fifteen and Halloween, a hundred and twenty five 0:01:44.440 --> 0:01:50.000 thousand Cubans we're basically allowed to leave Cuba. That's a lot. 0:01:50.160 --> 0:01:54.240 And they were also allowed to enter the United States 0:01:54.960 --> 0:01:59.400 for how long was there a window like from April 0:01:59.480 --> 0:02:03.400 to um Halloween? So yeah, there are a lot, I 0:02:03.400 --> 0:02:07.760 mean a lot of them came um and a it was. 0:02:07.840 --> 0:02:10.520 It was a huge deal. They basically put everybody in jail. 0:02:10.520 --> 0:02:15.920 Remember the Fulton County Federal Penitentiary where Scarface was the 0:02:15.960 --> 0:02:20.240 real Scarface al Capone, um, just down in Grant Park. 0:02:20.520 --> 0:02:21.799 They put a bunch of them there and there was 0:02:21.800 --> 0:02:24.480 actually an uprising there and Delta Force had to come 0:02:24.480 --> 0:02:29.680 in I think, and the Delta Force, um, so uh, 0:02:29.720 --> 0:02:31.959 it was kind of a big deal. One of the 0:02:31.960 --> 0:02:34.120 reasons why they put everybody in jails because they wanted 0:02:34.120 --> 0:02:36.960 to make sure that Castro wasn't just sending over the 0:02:37.040 --> 0:02:42.680 dregs of his prisons. So, which would have been pretty smart. Yeah. 0:02:42.840 --> 0:02:47.320 So they actually interviewed everybody, and twenty three thousand of 0:02:47.400 --> 0:02:50.800 them confessed to having a criminal record back in Cuba. 0:02:52.200 --> 0:02:55.160 And that's really saying something because you know, it's not 0:02:55.200 --> 0:02:57.440 like Cuba was going to send over these people's records. 0:02:57.480 --> 0:03:00.799 Like this was self confessed. And I think that right 0:03:00.840 --> 0:03:03.799 there basically kind of tells you about that person they're 0:03:03.800 --> 0:03:06.280 trying to fit in. Right, Well, they let me come 0:03:06.320 --> 0:03:08.680 clean exactly. Maybe if I come clean, you I can 0:03:08.760 --> 0:03:11.840 stay here. Right, Yeah, let's say that that's what it was. 0:03:11.919 --> 0:03:15.440 That's what I'm thinking. Um. So, of these twenty three thousand, though, 0:03:15.480 --> 0:03:19.040 they found that, um, only two percent were actually criminals 0:03:19.080 --> 0:03:24.880 under US law. The other uh, let's see twenty one thousand, 0:03:25.000 --> 0:03:28.360 two hundred and fifty four. Uh, that's just off the 0:03:28.360 --> 0:03:33.000 top of my head, Um, we're we're criminals under Cuban law. 0:03:33.080 --> 0:03:35.120 That that didn't have some sort of analog here in 0:03:35.160 --> 0:03:37.360 the United States. I wonder what some of those laws were. 0:03:38.920 --> 0:03:40.560 I would imagine they would have a lot to do 0:03:40.560 --> 0:03:44.600 with discent, political discent, yea, probably everything, or like hoarding, 0:03:44.760 --> 0:03:49.720 uh items hoarding, Yeah, like you know, under communist rule, 0:03:49.760 --> 0:03:55.280 if you toilet paper or you've got some smuggling operation 0:03:55.560 --> 0:03:59.960 going for toilet paper. How swapping apparently is illegal in Cuba, 0:04:00.160 --> 0:04:02.040 because they're like, we're gonna give you a house, but 0:04:02.120 --> 0:04:05.560 we're gonna tell you which one it is. Um anyway, 0:04:05.640 --> 0:04:08.040 So most of these people were allowed to go free, 0:04:08.120 --> 0:04:10.680 and even some of them were allowed to go even 0:04:10.760 --> 0:04:12.920 some of the actual criminals were allowed to go under 0:04:13.000 --> 0:04:18.400 what's called immigration parole um. And then of those forty 0:04:18.480 --> 0:04:21.359 six who were found to be real criminals, eight hundred 0:04:21.400 --> 0:04:24.440 to nine hundred had to come back to jail, the 0:04:24.480 --> 0:04:27.320 real pokey this time because they've broken the US law 0:04:27.320 --> 0:04:32.240 while on immigration parole. But my point is this, without 0:04:32.600 --> 0:04:38.599 criminal records, I would not have had this intro. That's 0:04:38.600 --> 0:04:41.080 pretty good. I had a feeling that was going to 0:04:41.160 --> 0:04:44.760 circle around like that, because we're talking about criminal records, 0:04:44.839 --> 0:04:46.720 at least here in the United States. Yeah, and when 0:04:46.800 --> 0:04:48.320 we say records, we don't mean the good time. We 0:04:48.360 --> 0:04:51.640 mean like files. Yeah, not like a break, you broke 0:04:51.680 --> 0:04:55.440 a record, or like let's listen to a record. Yeah, 0:04:55.760 --> 0:04:58.200 those are good records. Yeah, there's a there's I can't 0:04:58.240 --> 0:05:00.400 remember what Lisa's doing on the Simpsons, but she has 0:05:00.440 --> 0:05:02.159 to go to the Hall of Records and then under 0:05:02.640 --> 0:05:08.200 underneath and Parnses says, not a good kindly, that's good. Um, 0:05:08.240 --> 0:05:10.520 all right, criminal record here in the US, at least 0:05:10.600 --> 0:05:15.680 as and I didn't realize this, It starts with your arrest. Yes. 0:05:16.040 --> 0:05:17.880 For some reason, I thought if you were arrested and 0:05:17.960 --> 0:05:22.080 not convicted, then they would just say forget about it. Yeah. 0:05:22.120 --> 0:05:25.080 Apparently once you have a charge and there are ways 0:05:25.160 --> 0:05:26.800 for they can say forget about it, but you have 0:05:26.839 --> 0:05:29.200 to go ask and they can tell you now because 0:05:29.200 --> 0:05:32.040 they don't like your looks. Um. There's a few ways 0:05:32.040 --> 0:05:34.719 these are used here in the States. Um. First and 0:05:34.760 --> 0:05:39.720 foremost obviously to help out trying to catch bad guys 0:05:39.720 --> 0:05:42.560 in the database, I ding suspects. That's kind of the 0:05:42.560 --> 0:05:46.039 original point, I think. So. Um. They're also used for 0:05:46.080 --> 0:05:48.840 sentencing now, which makes sense. Yeah, because like if you've 0:05:48.880 --> 0:05:50.920 done something before and they know it, they have a 0:05:51.000 --> 0:05:54.200 record of it, it's right they can say, you know what, 0:05:54.960 --> 0:05:58.279 due to your past behavior, we think that we should 0:05:58.279 --> 0:06:00.880 really throw the book at you, right, or if there's 0:06:00.880 --> 0:06:05.159 like a three strike law, they have to Yeah, background checks, 0:06:05.320 --> 0:06:07.080 that's the third thing there mainly used for. This is 0:06:07.080 --> 0:06:11.800 the most controversial use of criminal records because with background checks, 0:06:12.920 --> 0:06:15.320 if you enter the military, try to get a job 0:06:15.360 --> 0:06:20.039 with the FBI, UM, if you are involved in elderly 0:06:20.160 --> 0:06:24.680 or childcare. Um. Criminal background checks are pretty standard, but 0:06:24.800 --> 0:06:29.680 they're also becoming increasingly used by corporations in what is 0:06:29.800 --> 0:06:36.120 widely considered overbroad ways. Yeah, because the the original idea 0:06:36.160 --> 0:06:39.120 of using a background check, a criminal background check for 0:06:39.200 --> 0:06:43.560 a job was that they're checking that you're applying for 0:06:43.600 --> 0:06:47.000 like a delivery driver job, and they're checking to make 0:06:47.000 --> 0:06:49.200 sure that you don't have a history of like running 0:06:49.240 --> 0:06:53.239 down the elderly with your car and driving off because 0:06:53.400 --> 0:06:56.159 they'll get sued for that. Well, now companies are just 0:06:56.200 --> 0:06:59.280 looking for any kind of criminal behavior whatsoever. And as 0:06:59.279 --> 0:07:01.480 we'll see, they actually say like, no, we're not gonna 0:07:01.520 --> 0:07:04.080 hire you because of your criminal record. They can discriminate 0:07:04.120 --> 0:07:06.520 based on a criminal record, but you can also not 0:07:06.600 --> 0:07:10.720 share that criminal record. You can correct Yes, okay, we'll 0:07:10.720 --> 0:07:13.200 get to that. Um. Back in the day, obviously they 0:07:13.280 --> 0:07:15.320 used to just handwrite these things, keep them at your 0:07:15.320 --> 0:07:18.360 local cop shop. And that's why back in the day, 0:07:18.400 --> 0:07:20.920 it was really easy if you're criminal, just to move 0:07:20.960 --> 0:07:24.400 to a different state or city. Yeah, and like you're 0:07:24.440 --> 0:07:26.840 sort of getting a fresh start online. Yeah, because if 0:07:26.880 --> 0:07:30.600 you wanted to share this criminal record, you might have 0:07:30.680 --> 0:07:33.000 to sit down and hand write it out. And who 0:07:33.000 --> 0:07:36.920 wants to do that. Nobody not me. Basically, it was 0:07:37.000 --> 0:07:39.800 just medieval monks who were cool with doing that and 0:07:39.840 --> 0:07:42.559 they didn't have anything else to do. Cops had plenty 0:07:42.600 --> 0:07:45.120 of other stuff to do. So right about now, if 0:07:45.160 --> 0:07:47.160 you're out there in podcast land and you're listening to 0:07:47.200 --> 0:07:50.120 this and you think, dudes, why are you telling us, 0:07:50.480 --> 0:07:54.840 you're awesome audience about criminal records, Because we're all have 0:07:55.080 --> 0:07:58.760 clean noses and we're do gooders of the world, I 0:07:58.800 --> 0:08:03.360 believe you. But here's a set. Six point five percent 0:08:03.440 --> 0:08:07.040 of the US population has a felony record. Felony record, 0:08:07.080 --> 0:08:09.480 which is higher than I thought it would be, and 0:08:09.680 --> 0:08:12.800 one in fifteen people have actually been to prison in 0:08:12.840 --> 0:08:15.320 the pokey in the pokey and uh, I think our 0:08:15.360 --> 0:08:18.960 fan base would be on the lighter side of that. Um, 0:08:19.000 --> 0:08:20.840 But hey, I know we've got people out there that 0:08:20.880 --> 0:08:23.240 have been in prison because we did prisons. People rotus. 0:08:23.280 --> 0:08:25.560 We have people out there who were in prisons right now. Yeah, 0:08:25.600 --> 0:08:27.920 that's right. Let's do a little shout out to our 0:08:28.000 --> 0:08:32.839 prison population. Listeners, everybody in there, stay up and uh 0:08:32.920 --> 0:08:38.000 hanging there, get out soon. Okay. So even beyond that 0:08:38.240 --> 0:08:42.760 surprising stat right, six point five percent felonies, right, that's right, 0:08:43.200 --> 0:08:46.040 sixty five million, which is about a quarter of the 0:08:46.080 --> 0:08:51.160 American population. Sixty million American adults have a criminal record, 0:08:51.360 --> 0:08:54.800 which means they've at least been arrested. Yes, do we 0:08:54.840 --> 0:08:57.360 need to talk about anything in our past? You know, 0:08:57.440 --> 0:09:00.560 I don't talk about that, Okay. Uh, there are some 0:09:00.600 --> 0:09:03.079 things if you do have a criminal record, that are 0:09:04.480 --> 0:09:06.320 that are going to be there for the for the taking. 0:09:06.320 --> 0:09:09.120 If you're in law enforcement, that is pretty much your name, 0:09:09.200 --> 0:09:12.480 date of birth, alias, is what you look like, what 0:09:12.600 --> 0:09:16.080 you're built like, where you live, what you've done, if 0:09:16.080 --> 0:09:19.360 you've got any outstanding warrants, if you've been convicted, and 0:09:19.400 --> 0:09:22.720 then the old stand by fingerprint and mug shot. It's 0:09:22.720 --> 0:09:26.800 all right there. Basically what's keeping smoking gun dot com alive? 0:09:27.760 --> 0:09:31.360 That mug shot to do the huffer with the gold face. 0:09:32.200 --> 0:09:35.440 Have you ever seen that guy? He was arrested for 0:09:35.480 --> 0:09:39.080 huffing and he's got like the glittery gold spray paint 0:09:39.080 --> 0:09:42.600 around the nose and mouth. Now, my favorite was either 0:09:43.000 --> 0:09:46.280 Nick Nolty or James Brown and they look like brothers 0:09:46.280 --> 0:09:48.480 in their mug shots. Yeah, those are pretty close with 0:09:48.480 --> 0:09:52.880 a crazy hair. Um. So basically you can see just 0:09:52.960 --> 0:09:56.599 from those details of what's in a criminal record. The 0:09:57.160 --> 0:10:00.680 idea behind them is we want to find now who 0:10:00.720 --> 0:10:03.920 you are and what you've done before. Ye, And that's 0:10:03.920 --> 0:10:06.720 pretty much it. It's aside from the fact that they're 0:10:06.760 --> 0:10:08.880 not handwritten and just kept like you say, at the 0:10:08.920 --> 0:10:15.240 local precinct, um anymore, they're stored on databases. That's the 0:10:15.880 --> 0:10:21.320 idea behind them hasn't changed much over the century, very true. Um. 0:10:21.360 --> 0:10:24.760 It starts at the local and state level. And if 0:10:25.320 --> 0:10:27.360 you are going to have an arrest record or a 0:10:27.520 --> 0:10:30.520 or a criminal record, that's who was in charge of 0:10:30.600 --> 0:10:33.240 keeping up with it, Like if it was a state crime, 0:10:33.280 --> 0:10:37.040 it was in a federal offense, then your state court 0:10:37.320 --> 0:10:40.520 and state offices who's going to be in charge of that? 0:10:40.800 --> 0:10:45.200 And then they can either report it to their repository 0:10:45.320 --> 0:10:48.640 or not. I think not all states mandate that. No, 0:10:48.760 --> 0:10:52.760 it's voluntary. And then the state repositories can either report 0:10:52.800 --> 0:10:56.520 it to the national repository, right or I'm sorry, that's 0:10:56.640 --> 0:11:00.320 voluntary within a state. In some states, it's voluntary whether 0:11:00.440 --> 0:11:04.320 municipalities share their information. So it's all kind of voluntary, 0:11:04.440 --> 0:11:06.560 right if you end up on a federal registry to 0:11:06.640 --> 0:11:09.440 an extent, and you can have more than one record. Um, 0:11:09.520 --> 0:11:12.640 I would imagine in a perfect law enforcement world, everyone 0:11:12.760 --> 0:11:15.320 has everyone who has a record has one record and 0:11:15.320 --> 0:11:18.200 it lives in the cloud and it's just accessed. You know, 0:11:18.240 --> 0:11:20.520 when you do another thing, they just add another thing 0:11:20.600 --> 0:11:24.600 to it. But from from the sound of this, you 0:11:24.640 --> 0:11:26.840 can have a bunch of different records and they could 0:11:26.840 --> 0:11:29.640 all have different stuff in them and maybe they'll never 0:11:29.679 --> 0:11:32.760 be compiled into one. That's true. Well, it's because there's 0:11:32.760 --> 0:11:35.960 a lot of people commit crimes, is one reason, is there? 0:11:36.200 --> 0:11:37.959 And I think they're trying or does it disappear that 0:11:38.000 --> 0:11:40.679 way because they have multiple records, I think we may 0:11:40.720 --> 0:11:43.280 have stumbled onto something. You're right, there's only like eight 0:11:43.280 --> 0:11:48.839 criminals in the US. They're just really prolific. So, UM, 0:11:48.960 --> 0:11:51.440 the good news, Josh, if you have a criminal record 0:11:51.920 --> 0:11:55.439 and you want it expunged or sealed as they call 0:11:55.480 --> 0:11:58.880 it in some states, Uh, you can get that done 0:11:58.960 --> 0:12:01.200 if you go through You can at least try to 0:12:01.200 --> 0:12:04.560 get it done by going through very specific process in 0:12:04.679 --> 0:12:07.000 the court in the state where you were convicted. So 0:12:07.160 --> 0:12:10.000 you have, UM, you petition the court, and there's there's 0:12:10.080 --> 0:12:12.680 lawyers that um specialize in this kind of thing, like 0:12:12.720 --> 0:12:16.360 going before the court and saying, look, this guy, this 0:12:16.559 --> 0:12:22.239 crime was a crime of passion. There's no recitativism involved. 0:12:22.360 --> 0:12:26.320 That this guy has had an exemplary life since then. Um, 0:12:26.520 --> 0:12:29.480 he wasn't even convicted, he was just arrested. This was 0:12:29.640 --> 0:12:34.240 twelve years ago. He hasn't done a single horrible thing. Um, 0:12:34.880 --> 0:12:37.800 and even if he had, if he had had a sentence, 0:12:37.840 --> 0:12:41.040 he would have completed it. And um, he hasn't hadn't 0:12:41.040 --> 0:12:45.600 been arrested since. And so the judge thinks about it. Uh, 0:12:45.720 --> 0:12:48.199 they bring out a dog and if the dog likes you, 0:12:48.520 --> 0:12:51.360 then your record is expunged. I think the judge sits 0:12:51.360 --> 0:12:54.360 are the big expunged stamp or denied like in raising 0:12:54.400 --> 0:12:58.839 Arizona just wham. Yeah. I think the expunged is the 0:12:59.040 --> 0:13:01.640 isn't a don't think they should use that word because 0:13:02.160 --> 0:13:07.320 it gives the impression that your record is white clean, yeah, 0:13:07.400 --> 0:13:09.400 and that there's maybe a sheet of paper that the 0:13:09.440 --> 0:13:11.840 stuff all used to be on, but there's nothing there 0:13:11.880 --> 0:13:14.800 any longer. It's not the case sealed is a much 0:13:14.840 --> 0:13:18.520 better term to describe what happens, because what happens is 0:13:18.720 --> 0:13:24.839 your record remains, but only law enforcement has access to it. Yeah, 0:13:24.880 --> 0:13:27.560 but it sort of is expunged in a way because 0:13:28.280 --> 0:13:30.520 or I guess the key word there, you said the appearance, 0:13:30.760 --> 0:13:33.280 Because you can still from that point on give the 0:13:33.320 --> 0:13:36.000 appearance that you have a clean record to your employees. 0:13:36.040 --> 0:13:38.480 You can say employers, you can un employees. You don't 0:13:38.480 --> 0:13:41.000 want them thinking ill of you, but you can say 0:13:41.040 --> 0:13:44.520 I have a clean record, and legally you can say 0:13:44.559 --> 0:13:47.560 that and get away with it. Yeah, if it's expunged, 0:13:47.880 --> 0:13:50.960 although it still exists, it's just a law enforcement and 0:13:51.000 --> 0:13:54.320 also um government agencies have access to it, but no 0:13:54.360 --> 0:13:56.840 one else does. If you're in Arizona, you're our luck. 0:13:57.720 --> 0:13:59.920 If you're in New York, I think and see the 0:14:00.080 --> 0:14:02.599 to me should be automatic. If you are arrested and 0:14:02.679 --> 0:14:06.200 convicted of something, then they found out someone else did it, right, 0:14:06.679 --> 0:14:08.840 you have to still go through that process in New 0:14:08.920 --> 0:14:12.120 York to get it expunged. And I guess in other places, 0:14:12.120 --> 0:14:14.720 but I figured that would be automatic. No, in New York. 0:14:14.840 --> 0:14:21.120 If you're arrested and you are UM not not you're 0:14:21.160 --> 0:14:23.720 not convicted, you go to trial, but you're not even convicted, 0:14:24.160 --> 0:14:29.440 you still have to petition to get your arrest record cleared. Yeah, 0:14:29.520 --> 0:14:32.320 I guess that's everywhether right. Um. I am under the 0:14:32.360 --> 0:14:36.520 impression because New York where it's possible only if the 0:14:36.640 --> 0:14:40.360 case was decided in your favor, that that would mean 0:14:40.360 --> 0:14:42.720 that if you were if you went to trial, your 0:14:42.760 --> 0:14:46.360 criminal record would be expunged if you weren't convicted. I 0:14:46.760 --> 0:14:48.760 have to admit I'm not sure about that one. New 0:14:48.840 --> 0:14:52.440 York didn't play no, but Arizona seriously doesn't play like 0:14:52.480 --> 0:14:57.920 they have no process for expungement whatsoever, which is too bad. Um. 0:14:58.000 --> 0:15:01.320 And I think even with kids that's the case. What 0:15:01.440 --> 0:15:06.240 in Arizona? Oh yeah, well with juveniles, Um, since you 0:15:06.320 --> 0:15:10.760 brought it up, everyone knows that if you're um under eighteen, 0:15:11.480 --> 0:15:14.160 generally you will be tried as a juvenile. Unless you 0:15:14.240 --> 0:15:18.000 have murdered or raped somebody or some other really really 0:15:18.120 --> 0:15:21.200 terrible crime, they will try you as an adult. But 0:15:21.200 --> 0:15:23.480 if you're under eighteen, they'll try you in juvenile court. 0:15:24.200 --> 0:15:29.120 And here in this country, we have a little belief that, 0:15:29.920 --> 0:15:33.200 you know what, we're gonna wipe your record clean once 0:15:33.240 --> 0:15:35.360 you become an adult. You might have messed up as 0:15:35.360 --> 0:15:37.160 a kid, but you're going to get a second chance 0:15:37.200 --> 0:15:39.800 out there in life as an adult. Don't worry about 0:15:39.800 --> 0:15:43.200 your juvenile record anymore, which is great if you stay 0:15:43.200 --> 0:15:46.400 on the straight and narrow. If you don't, then it's 0:15:46.680 --> 0:15:49.560 uh still attached to you if you start committing crimes 0:15:49.560 --> 0:15:55.680 again and uh you actually, if you are the juvenile 0:15:55.920 --> 0:15:58.880 convicted of an adult crime tried as an adult and 0:15:58.920 --> 0:16:00.480 you want to get that explained, you have to go 0:16:00.520 --> 0:16:03.720 through the same process as any adult wood as well 0:16:03.760 --> 0:16:06.480 as if you have a sexual crime, you have to 0:16:06.520 --> 0:16:09.880 register for the sex offenders list, just like you would 0:16:09.880 --> 0:16:13.600 if you were an adult, right, which is super important, 0:16:13.720 --> 0:16:16.680 I should say. Also, um and its defense, Arizona does 0:16:16.760 --> 0:16:22.440 have a process for destroying juvenile records. Yeah, okay, I 0:16:22.440 --> 0:16:27.440 guess it's just adults, gotcha. Um, So the the I 0:16:27.480 --> 0:16:30.520 guess the sex registry is kind of a version of 0:16:30.560 --> 0:16:39.280 the Specialized Criminal Record Depository, right. So, um, for many years, 0:16:40.400 --> 0:16:44.960 I I guess, until very recently, states weren't um mandated 0:16:45.000 --> 0:16:48.120 to have a sex offender registry. There's a girl named 0:16:48.160 --> 0:16:52.600 Drew Shedeen who is like twenty two year old North 0:16:52.680 --> 0:16:56.360 Dakota UM College student. I remember this very well, do you? 0:16:56.400 --> 0:17:01.040 I I didn't remember um who was abducted and and 0:17:01.560 --> 0:17:04.840 I believe raped and murdered by a guy who was 0:17:05.080 --> 0:17:08.080 a Level three sex offender. And level three is like 0:17:08.320 --> 0:17:11.520 where the justice system is basically like, this guy's gonna 0:17:11.560 --> 0:17:15.040 do it again. Yeah, he had raped another woman, he 0:17:15.119 --> 0:17:17.240 kidnapped and stabbed a woman, and he had just gotten 0:17:17.240 --> 0:17:19.920 out of jail for twenty three years for those crimes, 0:17:20.040 --> 0:17:21.840 and he did it again, did it again. And one 0:17:21.920 --> 0:17:23.119 of the ways that he was able to do this 0:17:23.240 --> 0:17:26.720 is because North Dakota didn't have a sex offender registry. 0:17:26.760 --> 0:17:28.840 Well they do now. All states do now, and this 0:17:28.920 --> 0:17:31.040 is I think like two thousand two or two thousand three, 0:17:31.359 --> 0:17:34.240 that long ago. But they named the National Sex Offender 0:17:34.440 --> 0:17:40.399 Public Registry after Drew shedein UM. So it's very appropriately 0:17:40.400 --> 0:17:43.880 called the Drew Shedein National Sex Offender Public Registry. And 0:17:43.920 --> 0:17:49.840 basically this is uh a publicly accessible database. Yeah, you 0:17:49.960 --> 0:17:51.600 let me go to it and type in where you 0:17:51.640 --> 0:17:53.440 live and it'll be like, here are all the sex 0:17:53.480 --> 0:17:56.600 offenders in the neighborhood. It's pretty disconcerting. It there's apps 0:17:57.119 --> 0:18:00.720 out there where you can like see who lives where, 0:18:01.359 --> 0:18:04.040 and you'll find also that they're very frequently there's a 0:18:04.200 --> 0:18:06.680 like will be one apartment complex or something where there's 0:18:06.720 --> 0:18:09.399 a bunch of them. And the reason being is because 0:18:09.440 --> 0:18:12.560 most states have laws where like, you can't live X 0:18:12.680 --> 0:18:16.040 number of yards within a bus stop, you can't live 0:18:16.200 --> 0:18:19.159 X number of yards within a school, what have you. 0:18:19.680 --> 0:18:23.159 And in states like Florida, they're so restrictive that, um, 0:18:23.240 --> 0:18:26.280 the sex offenders frequently have to like live under overpasses 0:18:26.320 --> 0:18:28.879 in the middle of nowhere. Well, that happened in Georgia 0:18:29.000 --> 0:18:33.280 and that camp camp. Yeah, I think it's still there, 0:18:33.480 --> 0:18:36.040 is it, I believe? So Yeah, Well, I think probation 0:18:36.040 --> 0:18:39.960 off officers too will set people up in housing and 0:18:40.119 --> 0:18:42.399 uh a lot of times they'll you know, that's like 0:18:43.640 --> 0:18:47.600 the apartment that they go to the apartment complex. Um. 0:18:47.600 --> 0:18:50.760 But obviously that's a really important thing to have because uh, 0:18:50.840 --> 0:18:54.600 sex offenders had the highest recidivism rates of I think 0:18:54.640 --> 0:19:00.760 all criminals. Yes, I read that somewhere too. It's very scary. So, um, 0:19:00.840 --> 0:19:04.840 now they're stored on databases. Obviously we've talked about interpoll before, 0:19:05.600 --> 0:19:10.800 and they're shared you know, internationally. They're getting better about 0:19:10.800 --> 0:19:13.239 that at least. But it's not like an open book, right, 0:19:13.440 --> 0:19:16.160 it isn't an open book. And in fact, um, you 0:19:16.520 --> 0:19:20.800 have a legal right to access your criminal records through 0:19:20.800 --> 0:19:23.280 the Freedom of Information Act. And I went and looked. 0:19:23.400 --> 0:19:26.679 The FBI will give you whatever they have on yourself, 0:19:26.800 --> 0:19:29.200 or else they'll send you something that says you have 0:19:29.280 --> 0:19:34.840 no FBI record. Yeah, I think you're only uh in 0:19:34.920 --> 0:19:40.400 the National Crime Information Center database if you have been 0:19:40.440 --> 0:19:44.880 booked and fingerprinted by the FBI, or the FBI has 0:19:44.960 --> 0:19:50.960 your record, right, I'm sorry, the Interstate Identification Index. I 0:19:51.000 --> 0:19:55.120 think that's the one where h you're only innered if 0:19:55.160 --> 0:19:58.280 the FBI obtains your fingerprint data, so like somebody has 0:19:58.320 --> 0:20:00.720 sent it to the FBI at least. But FBI, do 0:20:00.880 --> 0:20:05.040 they maintain a national database of criminal records. I don't 0:20:05.040 --> 0:20:08.880 know if they maintain it or not. It doesn't say, um, 0:20:09.000 --> 0:20:11.600 I know the d O the d O T maintains 0:20:11.640 --> 0:20:14.879 one for traffic violations like big ones. We we should 0:20:14.880 --> 0:20:17.880 have mentioned that if you've been convicted of some sort 0:20:17.880 --> 0:20:21.080 of traffic offense, speeding ticket, what have you, or anything, 0:20:21.480 --> 0:20:24.240 it's not on your criminal record. Yeah, unless it was 0:20:25.280 --> 0:20:27.920 like vehicular homicide or something like that. That would that 0:20:27.920 --> 0:20:31.120 would be in there, right, UM, yeah, I think so. Instead, 0:20:31.160 --> 0:20:35.119 it's things like d u I, suspended licenses, driving without insurance, 0:20:35.680 --> 0:20:40.720 fatal accidents. Um, there's they're maintained on the National Driver Register, 0:20:40.840 --> 0:20:44.879 which is separate from your criminal record. You could have 0:20:44.960 --> 0:20:49.920 two records out there. And maybe perjury about the operation 0:20:49.960 --> 0:20:53.760 of a vehicle. That's if you've ever like you're getting 0:20:53.760 --> 0:20:56.520 a wreck and you're a drunk driver and you get 0:20:56.560 --> 0:20:59.760 your best friend to switch with you who wasn't drunk, 0:21:00.080 --> 0:21:01.800 which is they should have been driving to begin with, 0:21:02.400 --> 0:21:05.760 that's perjury. That's felony. Yeah, that's a big deal. Um. 0:21:05.880 --> 0:21:11.040 So Chuck, you can get your criminal record, n um. 0:21:11.080 --> 0:21:15.960 The government can look at it any time they want. UM. 0:21:16.040 --> 0:21:18.520 And employers can she talked about at the top of 0:21:18.560 --> 0:21:22.240 this podcast. With permission. With your permission, you can't give 0:21:22.440 --> 0:21:26.159 anyone else besides a potential employer or an employer permission 0:21:26.280 --> 0:21:28.960 to get your record, Like you can't, I can't get yours. 0:21:29.000 --> 0:21:30.959 Even if you said no, really he can get it. 0:21:30.960 --> 0:21:35.560 It's fine to say no, but an employer can. UM. 0:21:35.600 --> 0:21:38.679 And like we said, originally this was this was something 0:21:38.760 --> 0:21:42.560 that was just very targeted, where like if you were 0:21:42.560 --> 0:21:44.200 a driver, they wanted to know if you had any 0:21:44.280 --> 0:21:47.520 vehicular homicide record or that kind of thing. Um. And 0:21:47.560 --> 0:21:52.240 it's getting more and more broad. Um. And apparently because 0:21:54.000 --> 0:21:58.960 criminal records um weren't protected, you weren't a member of 0:21:58.960 --> 0:22:02.720 a protected class. Yeah. Um, so you could be subject 0:22:02.800 --> 0:22:05.240 to job discrimination based on the fact that you're a 0:22:05.280 --> 0:22:08.760 criminal record. They used to be like freewheeling, Like they 0:22:08.760 --> 0:22:10.720 would tell you to your face and maybe smack you 0:22:10.720 --> 0:22:12.720 in the mouth when they told you that you weren't 0:22:12.720 --> 0:22:17.359 getting the job because you were a crook. Um. Courts 0:22:17.359 --> 0:22:21.240 have started to rule in people's favors, finding that, uh, 0:22:21.520 --> 0:22:25.720 some laws or some convictions have been shown to disproportionately 0:22:25.760 --> 0:22:30.679 affect like black people Hispanics, so that job discrimination based 0:22:30.760 --> 0:22:35.639 on these kind of convictions amounts to racial discrimination. And 0:22:35.760 --> 0:22:38.440 some courts have found in the favor of people who 0:22:38.440 --> 0:22:41.280 are turned down for jobs even though there's no law 0:22:42.280 --> 0:22:46.679 defends against job discrimination based on criminal records. Interesting. And 0:22:46.760 --> 0:22:49.560 you could also be discriminated against for like public housing. 0:22:50.440 --> 0:22:53.680 Um and I love in the article and in general 0:22:53.720 --> 0:22:58.800 treated differently. Yeah, people can be a jerk to you 0:22:58.960 --> 0:23:03.080 if you have a criminal record with no retribution um. 0:23:03.119 --> 0:23:05.440 And the The one exception which I thought was interesting 0:23:05.560 --> 0:23:08.160 was that UM, if you have a felony for drug use, 0:23:08.800 --> 0:23:11.439 they can't use that against you to not give you 0:23:11.480 --> 0:23:16.400 a job. It's part of rehab, is it the rehab process? Yeah, 0:23:16.400 --> 0:23:19.119 that makes sense. You know, the very powerful rehab lobby 0:23:19.359 --> 0:23:22.600 got that loophole put in there. Well, it certainly strikes 0:23:22.600 --> 0:23:26.080 a a notch on the side of people who believe 0:23:26.160 --> 0:23:30.080 that people drug problems are like, you know, have addiction problems, 0:23:30.080 --> 0:23:33.520 and that they're not necessarily bad people, so good for them. 0:23:33.600 --> 0:23:37.239 So let's say you you talk to your employer and 0:23:37.320 --> 0:23:39.600 they're like, look, we know you have a criminal background, 0:23:39.640 --> 0:23:43.199 but the dog, the test dog we brought out likes you, 0:23:43.400 --> 0:23:46.040