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