WEBVTT - Criminal Records: No Thanks! 0:00:01.480 --> 0:00:04.280 Welcome to Stuff You Should Know, a production of I 0:00:04.360 --> 0:00:13.240 Heart Radio. Hey, and welcome to the podcast. I'm Josh, 0:00:13.280 --> 0:00:16.160 and there's Chuck and there's Jerry over there, and this 0:00:16.239 --> 0:00:20.800 is the podcast known as Stuff You Should Know Podcast podcast. 0:00:23.239 --> 0:00:28.720 We all three on our group teleconferencing thing here, had 0:00:28.720 --> 0:00:32.000 our cameras on for the first time. Yeah. It was 0:00:32.080 --> 0:00:35.080 great for about I don't know forty five seconds before 0:00:35.080 --> 0:00:37.120 I turned mine off. Yeah, and then it was like, well, 0:00:37.159 --> 0:00:39.880 I don't want to just be observed. I'm no goldfish. 0:00:40.040 --> 0:00:42.800 Then you turn yours off. I like Jerry's long here, 0:00:42.840 --> 0:00:46.520 though I know Jerry just looks like I just don't 0:00:46.600 --> 0:00:48.800 quite know how to put it, just like a wealthy, 0:00:48.920 --> 0:00:52.960 middle aged person who could buy and sell your sorry 0:00:53.000 --> 0:00:56.840 ass if she wanted to. So we're cussing now. I 0:00:56.920 --> 0:00:59.560 think so you said you said the D word, not 0:00:59.640 --> 0:01:01.840 too long and go. So I feel like I'm I'm 0:01:01.880 --> 0:01:05.560 allowed at least one. Uh well, we'll probably bleep that 0:01:05.600 --> 0:01:08.880 out for fun D word? Which D word? Uh d 0:01:09.080 --> 0:01:12.520 A m N. No, I didn't you did, and I 0:01:12.560 --> 0:01:15.520 don't remember when, but you said or no, the P word. 0:01:15.760 --> 0:01:18.240 I'm sorry you said the P word? What what's the 0:01:18.280 --> 0:01:21.240 P word? You know the P word. I can think 0:01:21.240 --> 0:01:23.760 of a few bad words. It was P I, S, S, 0:01:23.800 --> 0:01:27.120 E D. Period. That's not a cuss word. Yes it is. 0:01:27.120 --> 0:01:29.160 And you because you didn't mean it like drunk. You 0:01:29.240 --> 0:01:33.000 meant it like p od. Oh goodness, you don't even 0:01:33.040 --> 0:01:34.520 know what a cuss word is. And you're in your 0:01:34.560 --> 0:01:37.679 mid forties. This has become one of the most juvenile 0:01:37.760 --> 0:01:40.680 introductions we've we've come up with so far, and we've 0:01:40.800 --> 0:01:43.480 we've said some pretty juvenile stuff over the course of 0:01:43.520 --> 0:01:48.280 the years. Chuck, but I think it's trying shake it off. Okay, 0:01:48.480 --> 0:01:55.520 get serious and prepare to re record an episode. No no, 0:01:55.760 --> 0:01:58.840 and actually, so I hit you you you decided we 0:01:58.840 --> 0:02:00.240 were going to do this one, this EPISO st on 0:02:00.320 --> 0:02:03.400 criminal records, and um I hit you back and said, hey, 0:02:03.640 --> 0:02:05.560 we've actually done one. We did an episode back in 0:02:05.600 --> 0:02:08.640 two thousand twelve called why you Probably have a criminal record, 0:02:09.360 --> 0:02:11.680 And there's gonna be some overlap when we were talking 0:02:11.680 --> 0:02:15.480 about criminal records, but this is definitely different, and even 0:02:15.520 --> 0:02:18.000 more to the point, this is an important enough thing 0:02:18.040 --> 0:02:21.200 that people don't really think about or know about unless 0:02:21.240 --> 0:02:25.360 you're suffering from it, that it's worth like restating every 0:02:25.400 --> 0:02:29.640 ten years basically as long as it's a problem. Yeah, 0:02:29.680 --> 0:02:31.600 and this is this is a little more robust. But 0:02:32.560 --> 0:02:34.440 and I know we talked back then. You know, I 0:02:35.000 --> 0:02:37.520 I did not have a criminal record ten years ago. 0:02:38.320 --> 0:02:41.320 I'm happy to say I still don't have not been 0:02:41.400 --> 0:02:44.040 arrested in the last ten years. But that was something 0:02:44.120 --> 0:02:46.519 I don't remember. I'm sure we talked about it, but 0:02:46.560 --> 0:02:50.080 I don't remember the first time. Is that like, you know, 0:02:50.160 --> 0:02:52.200 this is sort of getting ahead. But you can have 0:02:52.240 --> 0:02:55.800 a criminal record if you just get arrested and they're like, oh, sorry, 0:02:56.360 --> 0:02:58.560 you didn't do anything after all, but you still have 0:02:58.600 --> 0:03:02.600 a criminal record. That's nicely right, man. As a result 0:03:02.639 --> 0:03:07.320 of that, that rule, um, something like one in three 0:03:07.680 --> 0:03:12.320 Americans have a criminal record. I saw one in three. 0:03:12.320 --> 0:03:14.600 I also saw one in four. And if it's one 0:03:14.639 --> 0:03:16.840 in four, that means that as many Americans have a 0:03:16.840 --> 0:03:22.200 criminal record as have a four year diploma. Yeah. That's 0:03:22.280 --> 0:03:25.520 that was pretty mind boggling. And it's kind of like, okay, well, 0:03:25.560 --> 0:03:28.840 so like I have a criminal record. I was arrested once. Um, 0:03:28.880 --> 0:03:31.200 it's part of my checkered past and I don't like 0:03:31.240 --> 0:03:33.240 to talk about it, but you know, it's not really 0:03:33.240 --> 0:03:36.520 stood in my way. Well, I was kind of I 0:03:36.840 --> 0:03:38.800 got a little bit of the birth lottery in a 0:03:38.840 --> 0:03:41.320 lot of ways, and I was able to navigate and 0:03:41.400 --> 0:03:45.040 make my way through life having a criminal record without 0:03:45.080 --> 0:03:48.920 it actually proving a problem. That is not necessarily the 0:03:48.960 --> 0:03:52.000 case for a lot of people, including people who have 0:03:52.040 --> 0:03:55.920 only been arrested but haven't um in, weren't even convicted 0:03:55.920 --> 0:03:57.920 of a crime. They just happened to be of a 0:03:57.920 --> 0:04:01.440 different race or a different sexual orientation or something like that. 0:04:01.640 --> 0:04:03.920 But we're having a criminal record can prove to be 0:04:04.000 --> 0:04:07.600 a real problem for you if you're especially if the 0:04:07.640 --> 0:04:10.400 deck is already stacked against you, almost as if employers 0:04:10.440 --> 0:04:12.800 are looking for a reason not to hire you. They 0:04:12.800 --> 0:04:16.360 can legally not hire you because you have a criminal record. 0:04:16.680 --> 0:04:19.040 There's a lot of problems with it, and we'll get 0:04:19.080 --> 0:04:21.880 into all of that, but um, I feel like we 0:04:21.920 --> 0:04:24.640 need to just generally explain the whole thing first, to 0:04:24.720 --> 0:04:26.520 the whole process of what they are and how they're 0:04:26.560 --> 0:04:30.080 dealt with. Right, unless you live under a rock, you 0:04:30.080 --> 0:04:33.719 know what a criminal record is, right, That's right. A 0:04:33.720 --> 0:04:37.680 criminal record, like you said, is it's it's very simple. 0:04:37.760 --> 0:04:42.840 It's it's literally just government uh like information that the 0:04:42.880 --> 0:04:46.760 government in the United States keeps about you. That says 0:04:46.880 --> 0:04:49.680 it's data, and it says I mean, I guess we 0:04:49.680 --> 0:04:53.080 can go like what's on the literal criminal record, Like, 0:04:53.200 --> 0:04:55.920 once you get arrested, you've they've got your name, they've 0:04:55.920 --> 0:04:58.960 got your data, birth if you have any known aliases, 0:04:59.279 --> 0:05:01.640 which I wish I did, but I don't. I'm not 0:05:01.680 --> 0:05:06.760 nearly cool enough to have aliases, Johnny tight lips. Uh. 0:05:06.960 --> 0:05:11.360 Physical description of me, Yeah, that's funny. Physical description a 0:05:11.440 --> 0:05:14.240 little known fact that usually includes looks on a scale 0:05:14.240 --> 0:05:18.239 of one to ten. Yeah, mine just says Harry Loaf 0:05:19.440 --> 0:05:23.479 And they're like, is that his name? Description? That should 0:05:23.480 --> 0:05:27.400 be an alias of yours h A R l O 0:05:27.520 --> 0:05:31.560 A p h A. While I don't think your alias 0:05:31.600 --> 0:05:34.039 should also describe you though. That's probably about aliens. Yeah, 0:05:34.080 --> 0:05:36.560 you wanted to be forgettable and make you more forgettable. 0:05:36.600 --> 0:05:40.040 That's true. That's like rule number one of aliases, right. Uh, 0:05:40.360 --> 0:05:46.240 current address, the type of crime you committed, allegedly, outstanding arrestaurrants, 0:05:46.360 --> 0:05:50.039 dates and arrest of your conviction, fingerprint data, and oh 0:05:50.080 --> 0:05:53.280 that mug shot. I know, it's weird to feel like 0:05:53.320 --> 0:05:56.039 I wanted a mug shot at one point in my life. 0:05:56.080 --> 0:05:59.240 But it's a weird thing in this country because mug 0:05:59.240 --> 0:06:02.279 shots are kind of one of two things. It's either 0:06:02.320 --> 0:06:04.600 really embarrassing or it's kind of like this weird badge 0:06:04.640 --> 0:06:07.480 of honor. I'm not sure it happened how that happened, 0:06:07.520 --> 0:06:09.880 but yeah, but I mean that's how you that's how 0:06:09.920 --> 0:06:13.880 you might view it from from society, right, Yeah, well, 0:06:13.960 --> 0:06:16.760 I mean, but from from society in general, it's a stigma. 0:06:16.880 --> 0:06:21.560 And there's the entire businesses basically like patent trolls, but 0:06:21.680 --> 0:06:24.600 with mug shots that just accumulate these things because they're 0:06:24.600 --> 0:06:27.200 a matter of public record and publish them online and 0:06:27.279 --> 0:06:30.160 you have to pay them to take them down, which 0:06:30.200 --> 0:06:32.400 is a problem. But it does go to show like, yeah, 0:06:32.400 --> 0:06:35.960 there's a there's a it's it's like, um, it is. 0:06:36.000 --> 0:06:38.960 It's a social stigma to have a mug shot of you. 0:06:39.080 --> 0:06:42.360 And even beyond the social stigma, it can be really 0:06:42.400 --> 0:06:45.000 problematic and prevent you from a lot of getting a 0:06:45.040 --> 0:06:49.000 lot of normal things in life. Well, and you know, 0:06:49.040 --> 0:06:50.400 I was kind of kidding when I said I don't 0:06:50.400 --> 0:06:52.159 know how that happened in America, but I do know 0:06:52.200 --> 0:06:55.560 how that happened, And that's the Internet when they started 0:06:55.640 --> 0:06:59.039 just publishing, like, oh, look at Nick Nolty and look 0:06:59.080 --> 0:07:01.120 how awful this person and looks on their worst night. 0:07:02.000 --> 0:07:05.640 So that's how it became, you know, a cultural sort 0:07:05.640 --> 0:07:08.160 of and badge of honor was probably the wrong thing 0:07:08.200 --> 0:07:10.840 to say, but you know, something to be shared, Well, 0:07:10.880 --> 0:07:12.760 it's kind of like owning it, you know, where if 0:07:12.800 --> 0:07:15.240 everybody everybody's gonna judge you, you might as well own 0:07:15.280 --> 0:07:16.800 it and be like, yeah, I've got a mug shot. 0:07:16.800 --> 0:07:18.480 What are you gonna do about it? Square? You got 0:07:18.560 --> 0:07:22.000 a mug shot? Well, that makes you square if you don't. Yeah. 0:07:22.040 --> 0:07:25.000 My favorite ones are when the celebrity is super smiley, 0:07:26.360 --> 0:07:29.120 they like, I defy you to I'm not gonna look 0:07:29.120 --> 0:07:33.280 like Nick Nalty here. Yes, those are funny enough, We're fine. 0:07:33.560 --> 0:07:36.400 But the ones where the person like really actually committed 0:07:36.400 --> 0:07:39.560 a terrible crime and they're still smiling, those are enraged. Well, 0:07:39.600 --> 0:07:43.280 those are disturbing. Yeah, but poor Nicknolty. You know. Riff 0:07:43.320 --> 0:07:48.080 tracks the the fine people um who who basically made 0:07:48.080 --> 0:07:50.960 the second iteration of Mry Science Theater three thousand and 0:07:51.000 --> 0:07:54.560 now carried on and make perhaps an even better version 0:07:54.640 --> 0:07:58.080 of that as Riff tracks. Yeah, stuff, you should know listeners. Yeah, 0:07:58.080 --> 0:08:00.280 I think so. Them are um friends of the show. 0:08:00.560 --> 0:08:06.000 They they perennially, especially Mike Nelson, picks on Nicknolty every 0:08:06.040 --> 0:08:09.160 chance they get, kind of painting a sketch of him 0:08:09.160 --> 0:08:14.440 as a really unsavory and grizzled and in terrible person. 0:08:15.080 --> 0:08:17.080 But it's it's hilarious, but also it's like, what what 0:08:17.120 --> 0:08:21.320 did Nicknolty ever do? And I genuinely don't know. Yeah, 0:08:21.320 --> 0:08:23.280 I'm not sure what that much shots even from inside 0:08:23.280 --> 0:08:25.720 from probably drugs, but I know the one you're talking about. 0:08:25.720 --> 0:08:28.040 He's wearing like a Hawaiian shirt that's like ruffled and 0:08:28.160 --> 0:08:30.680 rum old and like the collar sticking up on one side. 0:08:30.680 --> 0:08:34.680 It's not a Einstein here. Yeah, it's not a good 0:08:34.720 --> 0:08:38.760 picture for sure, But here's the good news. In the 0:08:38.840 --> 0:08:43.439 United States. And by the way, this doesn't include traffic violation. 0:08:43.600 --> 0:08:46.960 So if you've talked about, you know, having speeding tickets 0:08:46.960 --> 0:08:49.320 still on your record quote unquote, that's it's not your 0:08:49.320 --> 0:08:51.440 criminal record. That's something different, which we'll get to. It 0:08:51.480 --> 0:08:55.319 depends though, if it was a really big like it 0:08:55.440 --> 0:08:57.559 was a crime committed with your car, like you I 0:08:58.120 --> 0:09:02.719 vehicular homicide. It's wrong, right those would be on there. 0:09:02.720 --> 0:09:05.040 But yeah, speeding ticket or something I think even like 0:09:05.080 --> 0:09:07.760 a suspended license due to points or something like that, 0:09:07.760 --> 0:09:10.640 that that's on a different database. But ye wouldn't be 0:09:10.640 --> 0:09:13.120 your criminal record, right. But if you do have a 0:09:13.160 --> 0:09:17.120 criminal record, you can and you've heard this on on 0:09:17.280 --> 0:09:20.520 TV shows plenty of times, I want to have that expunged. 0:09:21.120 --> 0:09:25.679 You can have your record expunged sometimes. Um, this means 0:09:25.760 --> 0:09:28.840 all it means is it's not active anymore. It's not 0:09:28.920 --> 0:09:31.560 like they just they take your file and they burn 0:09:31.640 --> 0:09:34.720 it with a torchlighter and they say, have a great life. 0:09:35.160 --> 0:09:37.800 The government still has all that data, like that record 0:09:37.920 --> 0:09:40.679 is still there, but it's just and it varies from 0:09:40.679 --> 0:09:42.520 state to state, like how you go about it. But 0:09:42.840 --> 0:09:46.200 that that just means that your record is now sealed. Uh, 0:09:46.240 --> 0:09:47.760 and you have you know, if you want to do this, 0:09:47.880 --> 0:09:50.880 you go you the best place to start is where 0:09:50.920 --> 0:09:54.040 you got pinched to begin with, and they will help 0:09:54.080 --> 0:09:55.880 you from that point forward. You may have to hire 0:09:55.880 --> 0:09:59.480 an attorney, but um you may not well so um yeah, 0:09:59.760 --> 0:10:01.199 even and if you don't hire any training, if you 0:10:01.240 --> 0:10:02.920 do it yourself. There's a lot of court fees and 0:10:02.960 --> 0:10:06.359 court costs associated with it's a really long, hard, difficult, 0:10:06.880 --> 0:10:10.480 um process, which you know makes sense in in a 0:10:10.520 --> 0:10:12.560 lot of cases, but in other cases you're like, this 0:10:12.640 --> 0:10:14.760 is unjust. You know, we need to make this easier. 0:10:15.520 --> 0:10:17.440 But the I I actually saw, and I think the 0:10:17.520 --> 0:10:22.280 reason is because different states called different things expunging or ceiling. 0:10:22.559 --> 0:10:24.360 But I saw in a lot of cases those are 0:10:24.360 --> 0:10:27.800 two different things. And in the case of expunction and 0:10:27.840 --> 0:10:33.320 then a terrible word, um, they they actually do destroy 0:10:33.559 --> 0:10:36.840 the case. Yeah, like it's gone, Like it's like it 0:10:36.880 --> 0:10:39.320 didn't happen, like the crime happened. But as far as 0:10:39.440 --> 0:10:43.880 you're concerned that that your case file is destroyed, so 0:10:43.920 --> 0:10:46.880 you're not in the database anymore, and that point, no, 0:10:46.960 --> 0:10:49.679 it's gone. But and then ceiling is more like what 0:10:49.760 --> 0:10:54.120 you described, where they actually keep the records. They might 0:10:54.200 --> 0:10:57.520 destroy the things like the evidence that they gathered from me, 0:10:57.600 --> 0:11:01.520 like DNA evidence and um, all that stuff might be destroyed, 0:11:01.559 --> 0:11:05.199 but the record, your criminal record associated with the case itself, 0:11:05.679 --> 0:11:09.040 that will remain. But it's just really hard to get 0:11:09.040 --> 0:11:11.360 to and usually you need a court order and a 0:11:11.480 --> 0:11:14.319 judge will have to weigh the benefits or the pros 0:11:14.320 --> 0:11:17.319 and the cons of unsealing it. For whatever it is. 0:11:17.480 --> 0:11:19.679 And usually it's like, I mean, anybody who's watching enough 0:11:19.720 --> 0:11:22.200 law in order knows this. If they have you on 0:11:22.280 --> 0:11:24.920 a crime and they suspect that you've committed this crime before, 0:11:25.200 --> 0:11:27.320 they'll go to the judge and ask to unseal that 0:11:27.400 --> 0:11:30.360 criminal record to just kind of find out, oh, this 0:11:30.400 --> 0:11:34.120 guy's a repeat offender or whatever. Yeah, And as far 0:11:34.160 --> 0:11:36.800 as whether or not they will either expunge or seal 0:11:36.880 --> 0:11:39.840 to begin with, they're going to consider, obviously sort of 0:11:39.880 --> 0:11:42.120 the no brainer stuff like what it was you did, 0:11:43.280 --> 0:11:46.400 whether you were convicted, how long it's been, what you have, 0:11:46.440 --> 0:11:49.440 what you've been like since then. Uh, he looks on 0:11:49.440 --> 0:11:52.120 a scale of one to ten, the Harry Loaf, no, 0:11:52.240 --> 0:12:00.600 thank you, No expungement. Uh, expunkment, expungement, expunction. I'm serious, 0:12:00.600 --> 0:12:02.840 Like you can't help but kind of like drag up 0:12:02.840 --> 0:12:04.760 a little bit of flim from the back of your 0:12:04.880 --> 0:12:07.640 your throat when you say that word. All right, I 0:12:07.640 --> 0:12:09.880 think we should take a break because I'm thoroughly grossed 0:12:09.880 --> 0:12:13.079 out right now. I'm gonna go check my privilege and 0:12:13.080 --> 0:12:17.240 then we'll talk about juve juvenile criminal records right after this. Well, 0:12:17.320 --> 0:12:21.240 now we're on the road, driving in your truck. Want 0:12:21.280 --> 0:12:24.600 to learn a thing or two from Josh Camp Chuck. 0:12:24.880 --> 0:12:47.360 It's stuff you should know, all right, and things jo stop. Alright, 0:12:47.400 --> 0:12:49.880 So you're talking about juvie records that are coming up. 0:12:49.920 --> 0:12:53.000 Now we're we're coming up on criminal records for kids 0:12:53.360 --> 0:12:55.679 and they which I think, by the way, I think 0:12:55.720 --> 0:12:58.200 we should do a whole episode. I kind of thought 0:12:58.240 --> 0:13:01.880 Crime and Punishment our series was over. Now there's this, 0:13:02.200 --> 0:13:03.960 and I think I think we should do one on 0:13:04.000 --> 0:13:06.719 the juvenile I think we should do one on Juby. 0:13:06.840 --> 0:13:09.200 It'll be over, Chuck, when we do an episode that's 0:13:09.200 --> 0:13:14.040 actually about the dustvs. Key book. When we do that, 0:13:14.040 --> 0:13:16.439 that will be that will be the final seal on that. OK. 0:13:16.559 --> 0:13:18.560 I need to get started now. We will seal the 0:13:18.720 --> 0:13:22.280 Crime and Punishment suite with that one. But we were 0:13:22.280 --> 0:13:25.840 talking about juvenile criminal records, UM, not Juby itself, but 0:13:25.920 --> 0:13:27.679 you were saying you want to do an episode on that. 0:13:28.360 --> 0:13:31.520 I think so for sure, I'm down with that. But 0:13:31.559 --> 0:13:34.280 the pretty much at least in the United States, and 0:13:34.320 --> 0:13:37.360 I assume in plenty of other countries as well that 0:13:37.440 --> 0:13:42.040 share um similar sentiments about crime and punishment and justice. 0:13:42.520 --> 0:13:48.120 UM that if you're a kid, the crimes you commit, 0:13:48.320 --> 0:13:53.040 especially non violent crimes, especially if you've only committed say 0:13:53.120 --> 0:13:58.240 like one crime. UM, that's typically treated differently than if 0:13:58.280 --> 0:14:01.280 an adult commits a crime. And one of the major 0:14:01.360 --> 0:14:03.480 ways that it's treated differently, well, one of the first 0:14:03.520 --> 0:14:06.000 ways is treated differently is it's tried in a different court, 0:14:06.280 --> 0:14:09.480 the juvenile court. UM. And one of the things that 0:14:10.040 --> 0:14:14.160 UH seems to be pretty much agreed upon across the 0:14:14.200 --> 0:14:17.680 board is um, you shouldn't you shouldn't have this criminal 0:14:17.720 --> 0:14:19.760 record follow you around for the rest of your life 0:14:19.760 --> 0:14:22.960 because of some mistake you made as a kid. UM 0:14:23.000 --> 0:14:26.800 And as a result. I don't know if it's automatic, 0:14:26.840 --> 0:14:29.080 but I think it's at least so common you could 0:14:29.080 --> 0:14:32.520 almost call it automatic that the juvenile's records will be 0:14:32.600 --> 0:14:35.800 sealed when they turn eighteen, so that after long as 0:14:35.840 --> 0:14:38.280 they've kept their nose clean, right, there's a lot of 0:14:38.360 --> 0:14:40.600 the Yeah, there's a lot of qualifiers with that, and 0:14:40.640 --> 0:14:42.600 that's a big one that you you need to it 0:14:42.640 --> 0:14:46.680 needs to have been number one, a small enough crime 0:14:46.760 --> 0:14:49.840 or a non violent crime so that you know it 0:14:49.920 --> 0:14:54.480 makes sense to to basically protect you from society's judgment 0:14:55.000 --> 0:14:57.680 rather than protect society from you, which is I don't 0:14:57.680 --> 0:15:00.000 know if we really said. One of the big reasons 0:15:00.240 --> 0:15:03.840 criminal records exist or are searchable, say like in the 0:15:03.880 --> 0:15:06.480 case of a job search or a landlord or something 0:15:06.520 --> 0:15:10.160 like that, UM is to basically is basically saying like 0:15:10.680 --> 0:15:13.960 you're not really trustworthy. You gave up the base trust 0:15:14.040 --> 0:15:17.280 that everyone has walking around when you committed a crime. 0:15:17.560 --> 0:15:19.440 We need to let other people know that you're not 0:15:19.480 --> 0:15:22.840 trustworthy in that sense, so you know your criminal records 0:15:22.880 --> 0:15:25.480 can be accessed like that. This is the opposite of that. 0:15:25.520 --> 0:15:27.920 This is saying like, you're screwed up once as a kid, 0:15:28.200 --> 0:15:31.000 and we don't want to to just ruin the rest 0:15:31.000 --> 0:15:33.160 of your life because of that, So we're gonna just 0:15:33.240 --> 0:15:35.280 make it like you're not even like you never even 0:15:35.320 --> 0:15:37.400 had a criminal record. It's not going to be searchable, 0:15:37.840 --> 0:15:40.160 that's not going to pop up, and you can legally 0:15:40.200 --> 0:15:44.239 say when your record is sealed or expunged in particular, 0:15:44.480 --> 0:15:48.600 that you don't have a criminal history from that point on, right, 0:15:48.800 --> 0:15:51.720 And we should point out that this all means that 0:15:51.760 --> 0:15:54.760 you are a juvenile who has tried as a juvenile 0:15:55.760 --> 0:15:58.840 in the United States, as someone under eighteen, you can 0:15:58.960 --> 0:16:01.400 still be tried as in a alt if and this 0:16:01.480 --> 0:16:05.000 is obviously something they do when it's much more serious crimes, 0:16:05.520 --> 0:16:11.040 definitely serious serious felonies, sometimes the more serious misdemeanors. But 0:16:11.280 --> 0:16:13.800 in this case, it's just this as far as your 0:16:13.800 --> 0:16:17.920 criminal record goes in expungement and ceiling and everything. Uh, 0:16:17.920 --> 0:16:20.640 this is just the same as you are an adult, 0:16:21.120 --> 0:16:24.840 as is with the case with registering as a sex offender. 0:16:25.560 --> 0:16:29.640 If you are a minor who is a convicted sex offender, 0:16:30.200 --> 0:16:32.520 you have to be on that sex offender registry just 0:16:32.760 --> 0:16:35.760 like uh an adult would be, and that is on 0:16:35.840 --> 0:16:40.120 your criminal record, and uh you you know, maybe at 0:16:40.120 --> 0:16:41.840 some point we should do one on the sex I 0:16:41.880 --> 0:16:43.480 know we've talked about it a couple of times, but 0:16:44.080 --> 0:16:46.080 we should probably do a full episode on the sex 0:16:46.120 --> 0:16:49.080 offender Registry. I mean, it's just it needs to be 0:16:49.160 --> 0:16:51.440 discussed because it makes a lot of sense in a 0:16:51.440 --> 0:16:53.800 lot of ways, and then there's a lot of problems 0:16:53.840 --> 0:16:56.640 with it that ruined people's lives. It's it needs Yeah, 0:16:56.680 --> 0:16:59.040 we definitely need to do one on that, agreed. Yeah, 0:16:59.080 --> 0:17:02.440 because that's one where are uh that database is open 0:17:02.560 --> 0:17:05.199 to the public. You can you can go online and 0:17:05.240 --> 0:17:09.080 you can search your neighborhood or search specific people or addresses, 0:17:09.880 --> 0:17:13.760 and um, you know it's so parents and in the 0:17:13.800 --> 0:17:17.920 public at large can track the whereabouts are registered sex offenders. 0:17:18.040 --> 0:17:21.080 Like you said many many times, that is a great 0:17:21.119 --> 0:17:23.720 thing to happen. But I know in a recent episode 0:17:23.720 --> 0:17:26.080 we talked about the fact that I think if you 0:17:26.160 --> 0:17:28.399 get arrested for public your nation, you have to register. 0:17:28.480 --> 0:17:30.760 Is that right? Yeah? Another big one that can be 0:17:30.840 --> 0:17:35.359 really really life ruining is um, consensual sex with a 0:17:35.440 --> 0:17:38.439 minor when you're like one year over the line, like 0:17:38.520 --> 0:17:43.199 if if the line is seventeen and you're seventeen and 0:17:43.240 --> 0:17:47.119 she's sixteen, or vice versa, that can Yeah, you can 0:17:47.240 --> 0:17:50.760 end up on the sex register, UM, sex offender registry 0:17:50.800 --> 0:17:54.320 for life. Um. And that's a like again, it's like 0:17:54.600 --> 0:17:57.560 needed and necessary. The sex crimes are just treated differently, 0:17:57.720 --> 0:17:59.879 and I think rightfully so I think most people agreed 0:18:00.080 --> 0:18:02.639 these are special kinds of things. One of the reasons 0:18:02.640 --> 0:18:05.080 why they're treated differently is because sex offenders have been 0:18:05.080 --> 0:18:10.480 shown to have the highest recitativism rates of any criminal. Um. 0:18:10.520 --> 0:18:14.480 I think you're through an extra d in there. Recitativism. 0:18:14.600 --> 0:18:17.280 I know I nailed it, is that right. It's a 0:18:17.280 --> 0:18:21.000 bone head word, admittedly, but I think I nailed recidivism. 0:18:21.400 --> 0:18:30.120 No recitativism. Man, I'm pretty sure I this is deletrious 0:18:30.160 --> 0:18:34.560 to my self confidence. You made that joke before, the 0:18:34.600 --> 0:18:38.760 same reasoning, don't joke. There's only one. There's only one. 0:18:38.800 --> 0:18:41.240 D Well, we you have to make that joke every 0:18:41.240 --> 0:18:43.240 time you say that word. It just comes as a 0:18:43.280 --> 0:18:46.639 bone frequently in that movie is so good. But the 0:18:46.880 --> 0:18:49.040 but the point is is that sex offenders have a 0:18:49.119 --> 0:18:55.280 reoccurrence they commit crime. Um, they're more likely to recommit 0:18:55.359 --> 0:19:02.560 sexual offenses than the average criminal is occur. It's you 0:19:02.680 --> 0:19:05.280 got me on that one. It's true. And also I've 0:19:05.320 --> 0:19:08.280 noticed I've been saying like shut up lately, and I 0:19:08.320 --> 0:19:11.240 am sorry. I don't know where it's coming in. But no, no, 0:19:11.320 --> 0:19:13.040 you don't mean it. That is, I'm not supposed to 0:19:13.040 --> 0:19:15.199 say the S word, I know, and you know I 0:19:15.200 --> 0:19:18.120 won't do it anyway, So what no, I know, it's 0:19:18.160 --> 0:19:24.240 a it's a few point. Uh So, as far as 0:19:24.240 --> 0:19:26.080 storing these things, you know, in the old days, it 0:19:26.200 --> 0:19:28.679 was exactly like you probably think it was, which is, 0:19:29.280 --> 0:19:32.280 these things were kept at local police stations and that 0:19:32.400 --> 0:19:34.680 was kind of the end of it. Maybe they would 0:19:34.680 --> 0:19:38.919 share things between counties, which meant um, probably somebody driving 0:19:38.960 --> 0:19:42.159 over and looking in their file cabinet and then saying 0:19:42.240 --> 0:19:44.600 thanks a lot, and then shutting that, putting the file 0:19:44.640 --> 0:19:48.240 back and shutting that foul cabinet and leaving again. But 0:19:48.800 --> 0:19:51.320 these days, of course, this is all going to be 0:19:51.359 --> 0:19:55.639 done on databases. But it's still really kind of I 0:19:55.680 --> 0:19:57.639 don't want to say willy nilly, because I feel like 0:19:57.720 --> 0:20:03.760 that's uh a little too critical, but there's it's definitely 0:20:03.800 --> 0:20:09.080 not some national really codified thing where this happens than this, 0:20:09.200 --> 0:20:13.040 than this. The you know, that first database is at 0:20:13.040 --> 0:20:16.600 the state and local level, and then if you're convicted, 0:20:17.480 --> 0:20:21.560 you you may have that uploaded into a larger state 0:20:21.600 --> 0:20:25.960 repository or you may not. And then that state repository 0:20:26.160 --> 0:20:30.560 may be linked to the National Crime Information Centers, Interstate 0:20:30.560 --> 0:20:35.359 Identification Index or the Triple I, but maybe not. You like, 0:20:35.560 --> 0:20:37.959 it's it's hard to tell unless you really do all 0:20:38.040 --> 0:20:42.440 this investigating about your own criminal record where it lies. Yeah, 0:20:42.480 --> 0:20:45.080 it's there is a federal database, like you're saying, that 0:20:45.160 --> 0:20:48.640 does exist, but it's just not compulsory among the states 0:20:48.720 --> 0:20:52.439 or among the localities to submit it to that. And 0:20:52.480 --> 0:20:54.760 some people are like, this is ridiculous. Is the dumbest 0:20:54.800 --> 0:20:58.680 thing ever, Like every crime committed, every maybe arrest, every made, 0:20:58.720 --> 0:21:01.840 certainly every conviction ever made in any locality in any 0:21:01.840 --> 0:21:04.840 state on on the federal level, should all go into 0:21:04.880 --> 0:21:08.760 the Interstate Identification Index UM, which is by the way 0:21:09.480 --> 0:21:13.679 open or available for searching only to law enforcement and 0:21:13.760 --> 0:21:16.760 like the courts, Like it's not no one else, no 0:21:16.840 --> 0:21:19.560 private background check company could get their hands on it, 0:21:19.640 --> 0:21:23.840 that kind of thing. So it's just on state, yes, 0:21:24.200 --> 0:21:25.760 Like if you're a state, if you're a cop and 0:21:25.840 --> 0:21:28.840 like you know, um, Atlanta, you could go onto the 0:21:28.880 --> 0:21:32.520 II and UM and search it. But you know, like 0:21:32.800 --> 0:21:34.679 if if I were an employer and I hired a 0:21:34.720 --> 0:21:37.399 company to conduct a background check, they couldn't gain access 0:21:37.400 --> 0:21:39.600 to that. No, no no, no, I meant on the state level, 0:21:40.320 --> 0:21:43.920 like if you're convicted on the state level, regular citizen 0:21:44.000 --> 0:21:48.160 can search public records. Like that's viewable by anyone, right now, 0:21:48.200 --> 0:21:51.119 that's correct, That is true, um, when there's really no 0:21:51.240 --> 0:21:53.879 distinction between the criminal record you would have in that 0:21:53.960 --> 0:21:57.760 state repository and that criminal same criminal record that state 0:21:57.800 --> 0:22:03.280 repository uploads to the Interstate Identification and so yeah, you 0:22:03.320 --> 0:22:06.600 could you could conceivably have that same criminal record checked. 0:22:06.640 --> 0:22:09.600 It's just that particular data. It makes you wonder what 0:22:09.640 --> 0:22:12.959 they got in there that isn't that isn't elsewhere, or 0:22:13.000 --> 0:22:14.639 they just don't want to give out the password to 0:22:14.720 --> 0:22:16.879 any schmo, you know, I don't. I don't know. But 0:22:17.040 --> 0:22:22.080 the the whole thing starts in the responsibility for keeping 0:22:22.080 --> 0:22:25.520 the record begins at the local level, and that local 0:22:25.600 --> 0:22:28.760