How to Read and Comprehend a Rap Sheet for a Criminal Offender

Once someone has been fingerprinted and arrested, he or she now has a criminal record, or "rap sheet" for that state. Rap sheets, which describe the number and type of criminal activities in which a given person has engaged, are recorded and updated by Department of Justice (DOJ) for the state the person lives in.

When a person is arrested in a state where they have previously been arrested, their rap sheet is expanded to reflect this new arrest. For instance, if someone is arrested for DUI in Tennesee, the Tennessee State Department of Justice will make a new rap sheet for that person, even if they have previously been arrested in other states for various crimes and already have criminal records in those states.

So, on each occasion that a person is arrested, booked and fingerprinted in a state in which they have never been arrested, a new rap sheet is made. Even if someone has been arrested nine times, they will have nine separate rap sheets if the crimes were committed in nine different states.

However, if someone has been arrested for a federal crime, they will have an FBI rap sheet, which will be maintained and updated at the federal level. The FBI also tracks and compiles complete records for individuals' various arrests in all states, as well as their federal criminal record.

When an arrest has been made for a given crime, such as driving under the influence (DUI), their case is tried in court in order to be decided, after which the judge lets the DOJ know the final decision of the trial. The various decisions possible in DUI cases include convictions, acquittals, dismissals, and "not convicted," or innocent.

If a conviction for a DUI is listed on an individual's rap sheet, it means that the individual was either found guilty of driving under the influence or that the individual pled guilty to driving under the influence. A criminal conviction, such as a DUI conviction, is determined by the disposition of the case and by the type of offense committed (felonies and misdemeanors are classified differently.)

For example, if an individual gets a deferred entry of judgment because they entered a guilty pleas and received a probation that they completed correctly, their guilty plea will not be counted as a conviction, due to their finishing the court-ordered probation.

However, sometimes convictions can still appear on rap sheets, even if someone has never been to jail. Such court dispositions as probation, community service, fines, or any other conditional sentences will still be considered as convictions. Furthermore, disposition entries on rap sheets describe the kind of offenses that someone has received convictions for.

The usual kind of offenses that show up on an individuals rap sheet include infractions, which consist of non-criminal offenses that may result in fines but don't usually result in jail time. For example, if someone commits a offense having to do with traffic, or one involving loitering in public or public intoxication, these offenses will be classed as infractions.

Usually, a first time offender convicted of a DUI will receive a certain number of days of jail time, as well as fines and other penalties, and the offense will be classified as a Misdemeanor.

But a serious criminal offense, such as arson, carjacking, robbery, burglary, or a DUI that physically injures another person, will be classified as a Felony DUI or whatever the crime happened to be.

Another kind of offense that appears on someone's rap sheet is known in slang terms as a Wobbler. In different states, the slang for "Wobblers" may be different, but they are similar types of offenses. In short, a Wobbler is a type of offense that contains characteristics of both Misdemeanors and Felonies, without it being clear that they necessarily belong in either category. Offenses that are often typed as Wobblers include grand theft, assault with serious bodily injuries, possessing stolen property, and DUIs.

Special dispositions also sometimes show up on rap sheets; these include such court decisions as deferred entries of judgment. A deferred issue of judgment occurs in situations where a person who has been charged with a crime like driving under the influence happens to meet certain court-determined criteria, which often includes such eligibility factors as having no prior convictions involving violence or drugs. In order to obtain a deferred judgment, the prosecution for the case must assent to a deferred judgment before the court will agree to it.

A Conditional Sentencing disposition is a situation where the offender has met various conditions ordered by the court, which may include going to and finishing a court-ordered drug and alcohol treatment program, which will result in their not having to serve time in jail, since they have met the sentencing requirements made by the court.

Another type of special disposition is Vacating or Setting Aside a Guilty Plea or Verdict. In the situation that a case has been successfully appealed, or that court-ordered probationary conditions have been met, guilty pleas or verdicts can be set aside by the court.

In the situation that the court has issued a bench warrant to arrest your for failing to show up to your assigned court date, then the court will tell the DOJ about the offenders failing to appear, and a bench warrant for their arrest will be issued. If a bench warrant has been made by the court, this warrant will show up on an individual's rap sheet, as well as any previous convictions the person may have.