Scholars have paid minimal attention to state statutory guidance that allows criminal justice agencies to disclose records that contain personal information about arrestees, defendants, and incarcerated people. We analyze US state policy for police, courts, prisons, and record repositories (N = 200). Most states restrict access to compiled criminal histories, but nearly all allow broad public access to agency records. Divergent policy guidance accounts for these differences, where transparency laws govern agency records while state criminal codes regulate records of arrest and prosecution, otherwise known as RAP sheets. These policy differences contribute to widespread disclosures of nonconviction records, raising questions about due process and inequality in the big data age.
| INTRODUCTIONTwenty years ago, the Bureau of Justice Statistics warned of a "smokestack approach" to criminal record access. The agency warned that different bodies of law governed access to a growing collection of criminal records maintained across institutions (Bureau of Justice Statistics [BJS], 2001): one body of law for the comprehensive CHRI maintained by law enforcement at a central State repository (sometimes referred to as a "rap sheet"); an entirely separate body of law regulating the dissemination and use of the very same records (albeit, not as comprehensive or complete) maintained in the courts; another separate body of law and policy for the collection, use, and dissemination of this information by various commercial compilers; and a different set of laws for the media's handling of this information (p. 1).