Understanding the Three Types of Criminal Records

1. Arrest Record (Booking Record)
This is the initial record that is created when someone is arrested by law enforcement. If you are placed in handcuffs and taken to a police station, you will go through what’s known as the “booking process.” During this process, the police will take your fingerprints, photograph, and gather personal identifying information. From that moment on, you are assigned a booking number, and an arrest record is created and stored in the law enforcement database.

2. Charging Record
If your case is submitted to the District Attorney’s Office, and the prosecutor decides to formally file criminal charges—whether for a misdemeanor or felony—a charging document (complaint) will be submitted to the criminal court. At this point, a case number will be issued, and the criminal case officially begins. From this moment on, a charging record exists, documenting that you were formally accused of a crime.

3. Conviction Record
If the case proceeds and ultimately results in a guilty verdict—whether through a trial or a plea bargain—this becomes a conviction record. In plain terms, this is what is commonly referred to as a criminal record. A conviction becomes part of the public record and can have long-term consequences.

Now let’s look at how these records apply in different scenarios:

Case Example 1: Arrested but Not Charged
If you were arrested, but your attorney was able to intervene early and convince the District Attorney not to file charges—or if the investigation is dropped before charges are filed—then only the arrest record remains.
There would be no charging record and no conviction, since the case never proceeded to court.
That said, arrest records are still maintained in police databases, and while difficult for private employers to access, they may appear in background checks for law enforcement or military positions.

Case Example 2: Charges Filed but Case Dismissed
If you were arrested and formally charged, but later your attorney negotiated a dismissal with the prosecutor—either due to lack of evidence or other legal grounds—then the arrest record remains, and a charging record also exists.
Even though the case was dismissed, the fact that charges were once filed becomes part of the public court record. Anyone can view the court docket showing that charges were filed and later dismissed.

Case Example 3: Conviction
If the case results in a guilty verdict or plea, then a conviction record is created. This becomes an official criminal record and is publicly accessible through court databases.

In summary, there are three levels of records in a criminal case:

• Arrest Record (created at the time of police custody)

• Charging Record (created when the DA files charges in court)

• Conviction Record (created if the court enters a guilty verdict)

Each stage of the case generates a distinct type of record, and while some may be sealed or expunged in certain cases, many of these records remain accessible to the public.

If you are facing criminal charges—or even an arrest—it is critical that you consult with an experienced criminal defense attorney to protect your rights and minimize long-term consequences.