| Every time a person is taken into custody and | | | | record will consist of non-criminal offenses called |
| fingerprinted in any state, that person has | | | | infractions that will likely have a fine attached to |
| developed a "rap sheet" in that state. A criminal | | | | them but the defendant does not have to be |
| rap sheet is an account of criminal activity | | | | incarcerated for any length of time. Infraction |
| committed by a person, and the State | | | | offenses could be anywhere from speeding |
| Department of Justice ("DOJ") is responsible for | | | | tickets to loitering in a public area. |
| maintaining these criminal records. | | | | Typically, a first DUI conviction will be |
| Each state has its own rap sheet, and every time | | | | accompanied by a short time in jail, a fine, and |
| the person is taken into custody in that state, it is | | | | several other penalties, and that is usually labeled |
| added to the existing rap sheet. To explain | | | | as a Misdemeanor offense on a rap sheet. |
| further: if someone is arrested in Arizona, a rap | | | | Arson, burglary, carjacking, robbery, and DUI |
| sheet is created by the Arizona State | | | | which injures someone else are labeled Felony |
| Department of Justice for that person, even if | | | | offenses because they are considered very |
| that person also has a rap sheet in Texas for | | | | serious and their penalties can include time in |
| crimes committed there. | | | | prison. |
| So, a separate rap sheet is generated each time | | | | A Wobbler is another kind of offense that could |
| a person is detained and fingerprinted in another | | | | appear on someone's rap sheet. Different states |
| state. Want to have a rap sheet in each of 20 | | | | call this type of conviction by different names. |
| states, then get arrested in 20 different states! | | | | Essentially, a criminal offense that can be labeled |
| Now, if someone is arrested for a federal crime, | | | | as a Felony or a Misdemeanor is called a Wobbler, |
| the FBI maintains a separate rap sheet on that | | | | after its ability to "wobble" between the |
| person. This is in addition to the FBI file containing | | | | classifications. Assault with serious bodily injuries, |
| detailed accounts of that person's arrests | | | | grand theft, DUI and possession of stolen |
| throughout the country and any additional federal | | | | property are all examples of Wobblers. |
| arrests. | | | | The rap sheet might contain special dispositions |
| If someone is taken into custody for a matter, | | | | which have deferred entry of judgment. To |
| for example, driving under the influence (DUI), | | | | qualify for deferred entry of judgment you must |
| after the court makes its decision, those records | | | | meet certain conditions established by the court, |
| of the decision are sent to the DOJ. DUI cases | | | | such as being charged with DUI but having no |
| are not concluded with a "guilty" or "not guilty" | | | | previous convictions involving violence or drugs. |
| verdict, but rather with determinations such as | | | | However, meeting the conditions alone will not |
| "acquitted", "convicted", "dismissed", or "not | | | | give you a deferred judgment because the |
| convicted". | | | | prosecution must agree to the deferred judgment |
| In a DUI matter, the rap sheet will reflect a | | | | for the court to accept it. |
| conviction, which would result from either the | | | | When someone has completed specific court |
| person pleading "guilty" or the determination at | | | | ordered criteria, for example finishing a |
| trial was guilty. The offense of a criminal | | | | court-ordered drug and alcohol treatment |
| conviction, such as a DUI conviction, is established | | | | program in lieu of spending time in jail, it is called |
| by the nature of the case itself and the type of | | | | Conditional Sentencing. |
| offense (felony or misdemeanor). | | | | Vacating or Setting Aside a Guilty Plea or Verdict |
| Let's say the person entered a plea of guilty and | | | | is another kind of special disposition. If the person |
| agreed to complete a court-appointed | | | | has fulfilled their court-ordered probationary |
| probationary period, that guilty plea would not be | | | | criteria or has been victorious in the appeals |
| recorded as a conviction if the person did indeed | | | | process, the court may set aside the verdict or |
| complete the probation. | | | | guilty plea. |
| A person's rap sheet can reflect a conviction | | | | If you fail to appear for your duly appointed court |
| whether the person was incarcerated for a period | | | | date, the court can issue what is called a bench |
| of time or not. A conviction can be a court | | | | warrant for your arrest, and the court then |
| decree of community service, conditional | | | | informs the DOJ. When a bench warrant is |
| sentencing, fines or probation. The rap sheet will | | | | handed down, that warrant goes on your criminal |
| have a "disposition" entry detailing the kind of | | | | record right next to any prior convictions you |
| offense for which the person was convicted. | | | | may have had. |
| The standard items you will see on a person's | | | | |