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Disclosure of Criminal Records: A Comparative Review

NCJ Number
132736
Journal
Police Studies Volume: 14 Issue: 2 Dated: (Summer 1991) Pages: 51-61
Author(s)
T Thomas; B Hebenton
Date Published
1991
Length
11 pages
Annotation
A comparison of the development of criminal record keeping in England and Wales and the U.S. addresses issues including ownership, completeness, accuracy, and management of criminal records as well as questions of disclosure.
Abstract
In England and Wales, the first comprehensive national register of criminals was legislated through the 1869 Habitual Criminals Act. Several years later, the register was transferred to the authority of the Home Office and the number of persons to be registered was reduced by excluding certain summary convictions. In 1967, the Prevention of Crimes Act was repealed, and police were no longer mandated to maintain a national record keeping system. Over the years, there have been a number of restrictions placed on police discretion to disclose criminal records. In the U.S., formal systems of criminal record keeping were developed to keep up with urbanization and a more mobile population. In the U.S., there have been greater demands for disclosure of criminal records, accompanied by expectations that the records will be complete and accurate. Despite legislation aimed at protecting confidentiality of criminal records, other statutory legislation has been used to gain access to the information. The authors call on criminologists to address the implications of computerized record keeping and to reexamine their understanding of the role of criminal record systems as a modern form of instrumental discipline. 2 tables and 36 references (Author abstract modified)