What is the Method of Investigating Criminal Records such as Previous Convictions? Explanation of Meaning and Disadvantages Caused by Reporting
The term “criminal record” is used as a general term and carries a broad meaning. Generally, it is considered to encompass past records, arrest history, and convictions.
If a criminal record is disseminated on the internet or social media, it can lead to serious reputational risks, such as job loss or even becoming a cause for divorce, depending on the profession.
In this article, we will explain what exactly a criminal record and arrest history are, where they are published, and how they can be investigated.
If your criminal record has been made public, we have detailed explanations in the articles below on how to delete articles about your arrest history or convictions. Please take a look at these as well.
https://monolith.law/reputation/delete-arrest-history[ja]
https://monolith.law/reputation/necessaryperiod-of-deletion-arrestarticle[ja]
What is a Criminal Record?
First, let’s explain what a criminal record is.
A Record of Guilty Verdicts
There is no legal definition for a criminal record.
However, generally, a criminal record refers to a history of guilty verdicts in criminal trials.
When a crime is committed, the process proceeds from arrest to indictment to judgment. In other words, just being arrested does not result in a criminal record.
It is important to note that guilty verdicts that constitute a criminal record, according to Article 9 of the Japanese Penal Code (刑法第9条), include “death penalty”, “imprisonment”, “confinement”, “fine”, “detention”, “penalty”, as well as “exemption from punishment” and “suspension of execution”.
There are two types of cases that result in a “fine”:
- Cases where a fine is imposed in a regular trial
- Cases where a fine is ordered in a simplified procedure called “summary procedure” without holding a public court trial
There are many crimes that result in a fine, but not all cases can be handled in court. Therefore, in some cases, a fine is imposed in a simplified manner through the “summary procedure”.
The summary procedure is based on a summary indictment, and the cases that are subject to summary indictment are those that fall under the jurisdiction of the summary court and correspond to a fine or penalty of less than 1 million yen.
Summary indictments are not applicable to crimes equivalent to imprisonment, confinement, or the death penalty. Even in a summary indictment, if you are found guilty, you will have a criminal record.
“Detention” refers to being incarcerated for a certain period of “1 day to less than 30 days” in a prison or detention center under the jurisdiction of the Ministry of Justice, or in a detention facility managed by the police.
“Penalty” refers to amounts of 1,000 yen or more but less than 10,000 yen, whereas “fine” refers to amounts of 10,000 yen or more.
Of course, wrongful arrests and false charges are not included in the criminal record.
Management of Criminal Record Information
Information about criminal records is managed by the police, prosecutors, and the municipality where the person is registered.
The police use this information for crime investigation, the prosecutor’s office for crime investigation and sentencing in trials, and the municipality for creating a criminal name list to clarify the eligibility to vote and to be elected. Each of these entities manages information about criminal records.
Legal Disadvantages Due to Criminal Records
Having a criminal record can lead to various legal disadvantages.
For example, if the maximum penalty for the crime charged is imprisonment or confinement of 3 years or less, or a fine of 500,000 yen or less, the execution of the sentence may be suspended (Article 25 of the Japanese Penal Code (刑法２５条)).
However, generally, it is difficult to suspend the execution again during the suspension period, and the execution cannot be suspended unless 5 years have passed since the end of the previous sentence.
Even habitual offenders can have a criminal record, which can lead to legal disadvantages. If a person with a criminal record is found guilty, they may be judged to be at risk of reoffending and may be treated unfavorably in sentencing.
For example, if you have numerous previous convictions for theft or attempted theft, and have been punished for theft or attempted theft three or more times within 10 years, you will be subject to aggravated punishment as a “habitual repeat offender of theft”. Also, if you are a habitual offender of assault, you may be subject to aggravated punishment as a “habitual assault”.
Article 11 of the Japanese Public Office Election Law (公職選挙法第１１条) defines those who “do not have the right to vote or to be elected”, and paragraph 3 of the same article states that when a mayor becomes aware of a reason for losing the right to vote or to be elected, they must “notify the election management committee of the other municipality without delay”.
The police, prosecutors, and the municipality where the person is registered manage and use information about criminal records for these purposes.
What is an Arrest Record?
An arrest record refers to the history of being arrested by the police due to involvement in an incident. It is not uncommon for individuals to be arrested but not prosecuted. Naturally, if a person is not prosecuted, they are not found guilty, and therefore, no criminal record is established.
The reasons for non-prosecution include:
- No suspicion
- Insufficient suspicion
- Prosecution deferred
These reasons also cover cases of false charges or wrongful arrests. As such, the meanings of an arrest record and a criminal record are significantly different.
However, even in these cases, news of the arrest is reported and often widely disseminated.
https://monolith.law/reputation/delete-false-positive-arrest[ja]
The Various Disadvantages of Having a Criminal Record Known
When your criminal record, such as a previous conviction, becomes known, it can lead to disadvantages in various aspects of daily life. Let’s look at some specific examples.
Job Hunting and Employment
When applying for a job or changing jobs, if a potential employer conducts a name search online and discovers your arrest record or previous convictions, the chances of not being hired are extremely high.
Also, if it becomes known within the company that you have a criminal record or have been arrested, you may not be promoted, may be demoted, or in some cases, you may even be fired.
Public servants and some national qualifications may lose their qualifications depending on the nature of their criminal record (this is called a disqualification).
In the case of public servants, if a sentence of imprisonment or more is confirmed, it is considered a disqualification. If the sentence is suspended, you cannot become a public servant until the suspension period is completed. In the case of actual imprisonment, you cannot become a public servant until the sentence is completed. Also, those who are currently public servants will lose their jobs.
Even after these periods have expired, or even in the case of a fine that does not fall under the disqualification, it is quite possible that the nature of the criminal record could be a disadvantage in the hiring process.
Dating and Marriage
Not many people would want to marry someone with an arrest record or previous convictions. Even if they love the person, many might think it’s better not to get married. Even if the dating partner thinks it’s okay to get married, opposition from the partner’s parents or family can be expected.
Of course, criminal records are not listed in family registers, resident cards, or basic resident registers. Criminal records are managed by municipalities, police, and prosecutors, but they are not disclosed to the public.
Therefore, even if you obtain a copy of the family register when getting married, your criminal record will not be revealed to your spouse. It is thought that many people hide their criminal records and get married.
However, if a criminal record is discovered after getting married while hiding it, when judging whether there are grounds for divorce, it is highly possible that the fact that serious crimes such as murder or sexual offenses were hidden will be taken into consideration.
Inconvenience to Family
If it becomes known that you have an arrest record or previous convictions, it can cause discomfort to your family, as they are related to a criminal.
If you have children, having their friends or family know about your arrest record or previous convictions could become a cause of bullying. It is natural to wish that they never find out.
Also, when renting a house, there is a tenant screening process. If your arrest record or previous convictions are discovered through a real-name search on the internet during this process, you may not be able to contract. If you have a family, this will also cause inconvenience to them.
Reporting of Criminal Records and Arrest History
Arrests of celebrities or perpetrators of major crimes are often widely reported in the media. Even in non-major cases, depending on the nature of the crime, it is common for the arrest of the perpetrator to be reported in the news.
On the other hand, it takes time for a verdict to be finalized in a criminal trial. Therefore, even if a person is arrested and indicted, and later found not guilty, unless it is a very serious case, it is rare for the news to report that the person has been acquitted.
As a result, people may only remember a fragmented image of “that person is a criminal,” which could lead to a false impression contrary to the facts.
As mentioned above, the disadvantages of having a criminal record known can be significant. It is a serious problem that only the fact of arrest is widely reported and disseminated.
Real Name Reporting
In TV news and online summary articles, it is common for real name reporting to be conducted regarding crimes, arrests, and criminal records.
When real name reporting is conducted, there is a high possibility that your criminal record will be inadvertently discovered when your name is searched. In fact, many companies, such as those hiring employees or real estate companies entering into rental contracts, require real name searches.
Furthermore, once such information is disseminated on the internet, it becomes difficult to completely erase it. It is indeed a digital tattoo.
https://monolith.law/reputation/deletion-arrest-article[ja]
Where Can You Find Information on Arrest Records and Criminal History?
That’s why, if you have a criminal record, and it has been made public, it’s important to address it as early as possible.
So, where can you find information on criminal history?
Places Where Arrest Records and Criminal History Can Be Found
Generally, information on criminal history is made public in the following places:
- Internal databases of the police, prosecutors, and the municipality where the person is registered
- Memories and fragmentary information of related parties
- Newspapers in libraries such as the National Diet Library
- The Internet
- Newspaper databases
The Internet
The most problematic source is likely the “Internet”.
However, the range of information, including sites operated by newspapers and personal blogs and bulletin boards, is vast, making it difficult to fully grasp.
On the other hand, news sites of major newspapers often automatically delete articles after a certain period, such as six months or a year. This is because it’s problematic for very old articles to easily appear in web searches.
However, even after the “primary information” such as news articles from newspapers disappears, the news copied and pasted on internet bulletin boards, personal blogs, and SNS will remain on the internet, and will continue to spread if nothing is done.
Newspaper Databases
Regarding newspaper databases, there is a service called “Cross-Search of Newspaper and Magazine Articles”.
For example, in a certain business database service, you can search all past articles from about 150 newspapers and magazines, including national newspapers such as Asahi, Yomiuri, Mainichi, and Sankei, as well as local newspapers, specialized newspapers, sports newspapers, and weekly magazines, from as far back as August 1984 (Asahi Newspaper article information).
This is a paid service that allows you to easily search for information that cannot be fully investigated with internet information alone, from a vast amount of information sources.
We explain in detail about this “newspaper database” in the following article.
https://monolith.law/reputation/criminal-record-newspaper-database[ja]
Others
Regarding the “internal databases of the police, prosecutors, and the municipality where the person is registered”, not only criminal records but also arrest records are managed. These are strictly managed as personal information, and unless there is a leak, they are usually not made public.
Also, “memories and fragmentary information of related parties” are the targets of detectives, but the opportunities to search in this way are limited, and it can be said that there are few cases where you can reach specific information from a person’s name. In addition, it is nothing more than information with low reliability.
“Newspapers in libraries such as the National Diet Library” are theoretically possible, but in reality, it is extremely difficult to find information in this way, and it can be said that it is almost impossible to find.
Conclusion: If you’re troubled by the disclosure of your criminal record, consult a lawyer
Having your criminal record known can lead to various disadvantages.
Therefore, it is necessary to promptly address the issue for deletion. However, in order to actually delete arrest records and criminal records, it is difficult to take swift action unless you understand where and how the criminal record can be disclosed in the first place.
Furthermore, even if you can identify where the criminal record is disclosed, if you cannot delete it, the reputational damage will continue to expand.
Therefore, if you are troubled by the disclosure of your criminal record, consult a lawyer with specialized knowledge in internet-related issues.
Introduction to Our Firm’s Measures
Monolith Law Office is a legal office with high expertise in both IT, particularly the Internet, and law. In recent years, overlooking information related to reputational damage and slander spread on the Internet can lead to serious harm. Our firm provides solutions for managing reputational damage and online crises. Details are provided in the article below.
Category: Internet
