Latest / Stuff You Should Know / Why You Probably Have a Criminal Record
Transcript
- 0:00Speaker 1: Brought to you by the reinvented two thousand twelve camera.
- 0:03Speaker 1: It's ready. Are you welcome to Stuff you Should Know
- 0:08Speaker 1: from House Stuff Works dot Com. Hey, and welcome to
- 0:16Speaker 1: the podcast. I'm Josh Clark. There's Charles W Chuck Bryant.
- 0:19Speaker 1: You have a migraine or something. Um, I don't get migraines.
- 0:24Speaker 1: Oh that's good. I don't either. You just knocked on
- 0:27Speaker 1: your head. Yeah, there's no wood nearby. I bet this
- 0:30Speaker 1: is woodish. Yeah. Yeah, we're good. Um do you put
- 0:35Speaker 1: us together? And you've got a little podcast called Stuff
- 0:38Speaker 1: you Should Know? That's right. Yeah, you've been doing this
- 0:42Speaker 1: for four and I we bet we're very close. So
- 0:49Speaker 1: not bad. I know it's not bad. We're I guess
- 0:51Speaker 1: you could say we're um, we're starting to get our stride.
- 0:55Speaker 1: Wait for someone to come take the keys away and
- 0:57Speaker 1: send me in my room. And I think that this
- 0:59Speaker 1: is I think they stopped paying attention. They're not really
- 1:02Speaker 1: aware that we're doing this any longer. Any importance actually listen,
- 1:06Speaker 1: So that's always good. But who listens is important? That's right.
- 1:13Speaker 1: That's a good point. So, Chuck, you ever seen the
- 1:16Speaker 1: movie Scarface? Yeah? You know, like the whole beginning part
- 1:21Speaker 1: where he comes to Miami from Cuba. So that was
- 1:26Speaker 1: based um on an actual historical event called the Merriel
- 1:29Speaker 1: boat Lift. Yeah, I think I knew that. So between um, well,
- 1:33Speaker 1: then sit back and listen up to something you already know.
- 1:38Speaker 1: Between April fifteen and Halloween, a hundred and twenty five
- 1:44Speaker 1: thousand Cubans we're basically allowed to leave Cuba. That's a lot.
- 1:50Speaker 1: And they were also allowed to enter the United States
- 1:54Speaker 1: for how long was there a window like from April
- 1:59Speaker 1: to um Halloween? So yeah, there are a lot, I
- 2:03Speaker 1: mean a lot of them came um and a it was.
- 2:07Speaker 1: It was a huge deal. They basically put everybody in jail.
- 2:10Speaker 1: Remember the Fulton County Federal Penitentiary where Scarface was the
- 2:15Speaker 1: real Scarface al Capone, um, just down in Grant Park.
- 2:20Speaker 1: They put a bunch of them there and there was
- 2:21Speaker 1: actually an uprising there and Delta Force had to come
- 2:24Speaker 1: in I think, and the Delta Force, um, so uh,
- 2:29Speaker 1: it was kind of a big deal. One of the
- 2:31Speaker 1: reasons why they put everybody in jails because they wanted
- 2:34Speaker 1: to make sure that Castro wasn't just sending over the
- 2:37Speaker 1: dregs of his prisons. So, which would have been pretty smart. Yeah.
- 2:42Speaker 1: So they actually interviewed everybody, and twenty three thousand of
- 2:47Speaker 1: them confessed to having a criminal record back in Cuba.
- 2:52Speaker 1: And that's really saying something because you know, it's not
- 2:55Speaker 1: like Cuba was going to send over these people's records.
- 2:57Speaker 1: Like this was self confessed. And I think that right
- 3:00Speaker 1: there basically kind of tells you about that person they're
- 3:03Speaker 1: trying to fit in. Right, Well, they let me come
- 3:06Speaker 1: clean exactly. Maybe if I come clean, you I can
- 3:08Speaker 1: stay here. Right, Yeah, let's say that that's what it was.
- 3:11Speaker 1: That's what I'm thinking. Um. So, of these twenty three thousand, though,
- 3:15Speaker 1: they found that, um, only two percent were actually criminals
- 3:19Speaker 1: under US law. The other uh, let's see twenty one thousand,
- 3:25Speaker 1: two hundred and fifty four. Uh, that's just off the
- 3:28Speaker 1: top of my head, Um, we're we're criminals under Cuban law.
- 3:33Speaker 1: That that didn't have some sort of analog here in
- 3:35Speaker 1: the United States. I wonder what some of those laws were.
- 3:38Speaker 1: I would imagine they would have a lot to do
- 3:40Speaker 1: with discent, political discent, yea, probably everything, or like hoarding,
- 3:44Speaker 1: uh items hoarding, Yeah, like you know, under communist rule,
- 3:49Speaker 1: if you toilet paper or you've got some smuggling operation
- 3:55Speaker 1: going for toilet paper. How swapping apparently is illegal in Cuba,
- 4:00Speaker 1: because they're like, we're gonna give you a house, but
- 4:02Speaker 1: we're gonna tell you which one it is. Um anyway,
- 4:05Speaker 1: So most of these people were allowed to go free,
- 4:08Speaker 1: and even some of them were allowed to go even
- 4:10Speaker 1: some of the actual criminals were allowed to go under
- 4:13Speaker 1: what's called immigration parole um. And then of those forty
- 4:18Speaker 1: six who were found to be real criminals, eight hundred
- 4:21Speaker 1: to nine hundred had to come back to jail, the
- 4:24Speaker 1: real pokey this time because they've broken the US law
- 4:27Speaker 1: while on immigration parole. But my point is this, without
- 4:32Speaker 1: criminal records, I would not have had this intro. That's
- 4:38Speaker 1: pretty good. I had a feeling that was going to
- 4:41Speaker 1: circle around like that, because we're talking about criminal records,
- 4:44Speaker 1: at least here in the United States. Yeah, and when
- 4:46Speaker 1: we say records, we don't mean the good time. We
- 4:48Speaker 1: mean like files. Yeah, not like a break, you broke
- 4:51Speaker 1: a record, or like let's listen to a record. Yeah,
- 4:55Speaker 1: those are good records. Yeah, there's a there's I can't
- 4:58Speaker 1: remember what Lisa's doing on the Simpsons, but she has
- 5:00Speaker 1: to go to the Hall of Records and then under
- 5:02Speaker 1: underneath and Parnses says, not a good kindly, that's good. Um,
- 5:08Speaker 1: all right, criminal record here in the US, at least
- 5:10Speaker 1: as and I didn't realize this, It starts with your arrest. Yes.
- 5:16Speaker 1: For some reason, I thought if you were arrested and
- 5:17Speaker 1: not convicted, then they would just say forget about it. Yeah.
- 5:22Speaker 1: Apparently once you have a charge and there are ways
- 5:25Speaker 1: for they can say forget about it, but you have
- 5:26Speaker 1: to go ask and they can tell you now because
- 5:29Speaker 1: they don't like your looks. Um. There's a few ways
- 5:32Speaker 1: these are used here in the States. Um. First and
- 5:34Speaker 1: foremost obviously to help out trying to catch bad guys
- 5:39Speaker 1: in the database, I ding suspects. That's kind of the
- 5:42Speaker 1: original point, I think. So. Um. They're also used for
- 5:46Speaker 1: sentencing now, which makes sense. Yeah, because like if you've
- 5:48Speaker 1: done something before and they know it, they have a
- 5:51Speaker 1: record of it, it's right they can say, you know what,
- 5:54Speaker 1: due to your past behavior, we think that we should
- 5:58Speaker 1: really throw the book at you, right, or if there's
- 6:00Speaker 1: like a three strike law, they have to Yeah, background checks,
- 6:05Speaker 1: that's the third thing there mainly used for. This is
- 6:07Speaker 1: the most controversial use of criminal records because with background checks,
- 6:12Speaker 1: if you enter the military, try to get a job
- 6:15Speaker 1: with the FBI, UM, if you are involved in elderly
- 6:20Speaker 1: or childcare. Um. Criminal background checks are pretty standard, but
- 6:24Speaker 1: they're also becoming increasingly used by corporations in what is
- 6:29Speaker 1: widely considered overbroad ways. Yeah, because the the original idea
- 6:36Speaker 1: of using a background check, a criminal background check for
- 6:39Speaker 1: a job was that they're checking that you're applying for
- 6:43Speaker 1: like a delivery driver job, and they're checking to make
- 6:47Speaker 1: sure that you don't have a history of like running
- 6:49Speaker 1: down the elderly with your car and driving off because
- 6:53Speaker 1: they'll get sued for that. Well, now companies are just
- 6:56Speaker 1: looking for any kind of criminal behavior whatsoever. And as
- 6:59Speaker 1: we'll see, they actually say like, no, we're not gonna
- 7:01Speaker 1: hire you because of your criminal record. They can discriminate
- 7:04Speaker 1: based on a criminal record, but you can also not
- 7:06Speaker 1: share that criminal record. You can correct Yes, okay, we'll
- 7:10Speaker 1: get to that. Um. Back in the day, obviously they
- 7:13Speaker 1: used to just handwrite these things, keep them at your
- 7:15Speaker 1: local cop shop. And that's why back in the day,
- 7:18Speaker 1: it was really easy if you're criminal, just to move
- 7:20Speaker 1: to a different state or city. Yeah, and like you're
- 7:24Speaker 1: sort of getting a fresh start online. Yeah, because if
- 7:26Speaker 1: you wanted to share this criminal record, you might have
- 7:30Speaker 1: to sit down and hand write it out. And who
- 7:33Speaker 1: wants to do that. Nobody not me. Basically, it was
- 7:37Speaker 1: just medieval monks who were cool with doing that and
- 7:39Speaker 1: they didn't have anything else to do. Cops had plenty
- 7:42Speaker 1: of other stuff to do. So right about now, if
- 7:45Speaker 1: you're out there in podcast land and you're listening to
- 7:47Speaker 1: this and you think, dudes, why are you telling us,
- 7:50Speaker 1: you're awesome audience about criminal records, Because we're all have
- 7:55Speaker 1: clean noses and we're do gooders of the world, I
- 7:58Speaker 1: believe you. But here's a set. Six point five percent
- 8:03Speaker 1: of the US population has a felony record. Felony record,
- 8:07Speaker 1: which is higher than I thought it would be, and
- 8:09Speaker 1: one in fifteen people have actually been to prison in
- 8:12Speaker 1: the pokey in the pokey and uh, I think our
- 8:15Speaker 1: fan base would be on the lighter side of that. Um,
- 8:19Speaker 1: But hey, I know we've got people out there that
- 8:20Speaker 1: have been in prison because we did prisons. People rotus.
- 8:23Speaker 1: We have people out there who were in prisons right now. Yeah,
- 8:25Speaker 1: that's right. Let's do a little shout out to our
- 8:28Speaker 1: prison population. Listeners, everybody in there, stay up and uh
- 8:32Speaker 1: hanging there, get out soon. Okay. So even beyond that
- 8:38Speaker 1: surprising stat right, six point five percent felonies, right, that's right,
- 8:43Speaker 1: sixty five million, which is about a quarter of the
- 8:46Speaker 1: American population. Sixty million American adults have a criminal record,
- 8:51Speaker 1: which means they've at least been arrested. Yes, do we
- 8:54Speaker 1: need to talk about anything in our past? You know,
- 8:57Speaker 1: I don't talk about that, Okay. Uh, there are some
- 9:00Speaker 1: things if you do have a criminal record, that are
- 9:04Speaker 1: that are going to be there for the for the taking.
- 9:06Speaker 1: If you're in law enforcement, that is pretty much your name,
- 9:09Speaker 1: date of birth, alias, is what you look like, what
- 9:12Speaker 1: you're built like, where you live, what you've done, if
- 9:16Speaker 1: you've got any outstanding warrants, if you've been convicted, and
- 9:19Speaker 1: then the old stand by fingerprint and mug shot. It's
- 9:22Speaker 1: all right there. Basically what's keeping smoking gun dot com alive?
- 9:27Speaker 1: That mug shot to do the huffer with the gold face.
- 9:32Speaker 1: Have you ever seen that guy? He was arrested for
- 9:35Speaker 1: huffing and he's got like the glittery gold spray paint
- 9:39Speaker 1: around the nose and mouth. Now, my favorite was either
- 9:43Speaker 1: Nick Nolty or James Brown and they look like brothers
- 9:46Speaker 1: in their mug shots. Yeah, those are pretty close with
- 9:48Speaker 1: a crazy hair. Um. So basically you can see just
- 9:52Speaker 1: from those details of what's in a criminal record. The
- 9:57Speaker 1: idea behind them is we want to find now who
- 10:00Speaker 1: you are and what you've done before. Ye, And that's
- 10:03Speaker 1: pretty much it. It's aside from the fact that they're
- 10:06Speaker 1: not handwritten and just kept like you say, at the
- 10:08Speaker 1: local precinct, um anymore, they're stored on databases. That's the
- 10:15Speaker 1: idea behind them hasn't changed much over the century, very true. Um.
- 10:21Speaker 1: It starts at the local and state level. And if
- 10:25Speaker 1: you are going to have an arrest record or a
- 10:27Speaker 1: or a criminal record, that's who was in charge of
- 10:30Speaker 1: keeping up with it, Like if it was a state crime,
- 10:33Speaker 1: it was in a federal offense, then your state court
- 10:37Speaker 1: and state offices who's going to be in charge of that?
- 10:40Speaker 1: And then they can either report it to their repository
- 10:45Speaker 1: or not. I think not all states mandate that. No,
- 10:48Speaker 1: it's voluntary. And then the state repositories can either report
- 10:52Speaker 1: it to the national repository, right or I'm sorry, that's
- 10:56Speaker 1: voluntary within a state. In some states, it's voluntary whether
- 11:00Speaker 1: municipalities share their information. So it's all kind of voluntary,
- 11:04Speaker 1: right if you end up on a federal registry to
- 11:06Speaker 1: an extent, and you can have more than one record. Um,
- 11:09Speaker 1: I would imagine in a perfect law enforcement world, everyone
- 11:12Speaker 1: has everyone who has a record has one record and
- 11:15Speaker 1: it lives in the cloud and it's just accessed. You know,
- 11:18Speaker 1: when you do another thing, they just add another thing
- 11:20Speaker 1: to it. But from from the sound of this, you
- 11:24Speaker 1: can have a bunch of different records and they could
- 11:26Speaker 1: all have different stuff in them and maybe they'll never
- 11:29Speaker 1: be compiled into one. That's true. Well, it's because there's
- 11:32Speaker 1: a lot of people commit crimes, is one reason, is there?
- 11:36Speaker 1: And I think they're trying or does it disappear that
- 11:38Speaker 1: way because they have multiple records, I think we may
- 11:40Speaker 1: have stumbled onto something. You're right, there's only like eight
- 11:43Speaker 1: criminals in the US. They're just really prolific. So, UM,
- 11:48Speaker 1: the good news, Josh, if you have a criminal record
- 11:51Speaker 1: and you want it expunged or sealed as they call
- 11:55Speaker 1: it in some states, Uh, you can get that done
- 11:58Speaker 1: if you go through You can at least try to
- 12:01Speaker 1: get it done by going through very specific process in
- 12:04Speaker 1: the court in the state where you were convicted. So
- 12:07Speaker 1: you have, UM, you petition the court, and there's there's
- 12:10Speaker 1: lawyers that um specialize in this kind of thing, like
- 12:12Speaker 1: going before the court and saying, look, this guy, this
- 12:16Speaker 1: crime was a crime of passion. There's no recitativism involved.
- 12:22Speaker 1: That this guy has had an exemplary life since then. Um,
- 12:26Speaker 1: he wasn't even convicted, he was just arrested. This was
- 12:29Speaker 1: twelve years ago. He hasn't done a single horrible thing. Um,
- 12:34Speaker 1: and even if he had, if he had had a sentence,
- 12:37Speaker 1: he would have completed it. And um, he hasn't hadn't
- 12:41Speaker 1: been arrested since. And so the judge thinks about it. Uh,
- 12:45Speaker 1: they bring out a dog and if the dog likes you,
- 12:48Speaker 1: then your record is expunged. I think the judge sits
- 12:51Speaker 1: are the big expunged stamp or denied like in raising
- 12:54Speaker 1: Arizona just wham. Yeah. I think the expunged is the
- 12:59Speaker 1: isn't a don't think they should use that word because
- 13:02Speaker 1: it gives the impression that your record is white clean, yeah,
- 13:07Speaker 1: and that there's maybe a sheet of paper that the
- 13:09Speaker 1: stuff all used to be on, but there's nothing there
- 13:11Speaker 1: any longer. It's not the case sealed is a much
- 13:14Speaker 1: better term to describe what happens, because what happens is
- 13:18Speaker 1: your record remains, but only law enforcement has access to it. Yeah,
- 13:24Speaker 1: but it sort of is expunged in a way because
- 13:28Speaker 1: or I guess the key word there, you said the appearance,
- 13:30Speaker 1: Because you can still from that point on give the
- 13:33Speaker 1: appearance that you have a clean record to your employees.
- 13:36Speaker 1: You can say employers, you can un employees. You don't
- 13:38Speaker 1: want them thinking ill of you, but you can say
- 13:41Speaker 1: I have a clean record, and legally you can say
- 13:44Speaker 1: that and get away with it. Yeah, if it's expunged,
- 13:47Speaker 1: although it still exists, it's just a law enforcement and
- 13:51Speaker 1: also um government agencies have access to it, but no
- 13:54Speaker 1: one else does. If you're in Arizona, you're our luck.
- 13:57Speaker 1: If you're in New York, I think and see the
- 14:00Speaker 1: to me should be automatic. If you are arrested and
- 14:02Speaker 1: convicted of something, then they found out someone else did it, right,
- 14:06Speaker 1: you have to still go through that process in New
- 14:08Speaker 1: York to get it expunged. And I guess in other places,
- 14:12Speaker 1: but I figured that would be automatic. No, in New York.
- 14:14Speaker 1: If you're arrested and you are UM not not you're
- 14:21Speaker 1: not convicted, you go to trial, but you're not even convicted,
- 14:24Speaker 1: you still have to petition to get your arrest record cleared. Yeah,
- 14:29Speaker 1: I guess that's everywhether right. Um. I am under the
- 14:32Speaker 1: impression because New York where it's possible only if the
- 14:36Speaker 1: case was decided in your favor, that that would mean
- 14:40Speaker 1: that if you were if you went to trial, your
- 14:42Speaker 1: criminal record would be expunged if you weren't convicted. I
- 14:46Speaker 1: have to admit I'm not sure about that one. New
- 14:48Speaker 1: York didn't play no, but Arizona seriously doesn't play like
- 14:52Speaker 1: they have no process for expungement whatsoever, which is too bad. Um.
- 14:58Speaker 1: And I think even with kids that's the case. What
- 15:01Speaker 1: in Arizona? Oh yeah, well with juveniles, Um, since you
- 15:06Speaker 1: brought it up, everyone knows that if you're um under eighteen,
- 15:11Speaker 1: generally you will be tried as a juvenile. Unless you
- 15:14Speaker 1: have murdered or raped somebody or some other really really
- 15:18Speaker 1: terrible crime, they will try you as an adult. But
- 15:21Speaker 1: if you're under eighteen, they'll try you in juvenile court.
- 15:24Speaker 1: And here in this country, we have a little belief that,
- 15:29Speaker 1: you know what, we're gonna wipe your record clean once
- 15:33Speaker 1: you become an adult. You might have messed up as
- 15:35Speaker 1: a kid, but you're going to get a second chance
- 15:37Speaker 1: out there in life as an adult. Don't worry about
- 15:39Speaker 1: your juvenile record anymore, which is great if you stay
- 15:43Speaker 1: on the straight and narrow. If you don't, then it's
- 15:46Speaker 1: uh still attached to you if you start committing crimes
- 15:49Speaker 1: again and uh you actually, if you are the juvenile
- 15:55Speaker 1: convicted of an adult crime tried as an adult and
- 15:58Speaker 1: you want to get that explained, you have to go
- 16:00Speaker 1: through the same process as any adult wood as well
- 16:03Speaker 1: as if you have a sexual crime, you have to
- 16:06Speaker 1: register for the sex offenders list, just like you would
- 16:09Speaker 1: if you were an adult, right, which is super important,
- 16:13Speaker 1: I should say. Also, um and its defense, Arizona does
- 16:16Speaker 1: have a process for destroying juvenile records. Yeah, okay, I
- 16:22Speaker 1: guess it's just adults, gotcha. Um, So the the I
- 16:27Speaker 1: guess the sex registry is kind of a version of
- 16:30Speaker 1: the Specialized Criminal Record Depository, right. So, um, for many years,
- 16:40Speaker 1: I I guess, until very recently, states weren't um mandated
- 16:45Speaker 1: to have a sex offender registry. There's a girl named
- 16:48Speaker 1: Drew Shedeen who is like twenty two year old North
- 16:52Speaker 1: Dakota UM College student. I remember this very well, do you?
- 16:56Speaker 1: I I didn't remember um who was abducted and and
- 17:01Speaker 1: I believe raped and murdered by a guy who was
- 17:05Speaker 1: a Level three sex offender. And level three is like
- 17:08Speaker 1: where the justice system is basically like, this guy's gonna
- 17:11Speaker 1: do it again. Yeah, he had raped another woman, he
- 17:15Speaker 1: kidnapped and stabbed a woman, and he had just gotten
- 17:17Speaker 1: out of jail for twenty three years for those crimes,
- 17:20Speaker 1: and he did it again, did it again. And one
- 17:21Speaker 1: of the ways that he was able to do this
- 17:23Speaker 1: is because North Dakota didn't have a sex offender registry.
- 17:26Speaker 1: Well they do now. All states do now, and this
- 17:28Speaker 1: is I think like two thousand two or two thousand three,
- 17:31Speaker 1: that long ago. But they named the National Sex Offender
- 17:34Speaker 1: Public Registry after Drew shedein UM. So it's very appropriately
- 17:40Speaker 1: called the Drew Shedein National Sex Offender Public Registry. And
- 17:43Speaker 1: basically this is uh a publicly accessible database. Yeah, you
- 17:49Speaker 1: let me go to it and type in where you
- 17:51Speaker 1: live and it'll be like, here are all the sex
- 17:53Speaker 1: offenders in the neighborhood. It's pretty disconcerting. It there's apps
- 17:57Speaker 1: out there where you can like see who lives where,
- 18:01Speaker 1: and you'll find also that they're very frequently there's a
- 18:04Speaker 1: like will be one apartment complex or something where there's
- 18:06Speaker 1: a bunch of them. And the reason being is because
- 18:09Speaker 1: most states have laws where like, you can't live X
- 18:12Speaker 1: number of yards within a bus stop, you can't live
- 18:16Speaker 1: X number of yards within a school, what have you.
- 18:19Speaker 1: And in states like Florida, they're so restrictive that, um,
- 18:23Speaker 1: the sex offenders frequently have to like live under overpasses
- 18:26Speaker 1: in the middle of nowhere. Well, that happened in Georgia
- 18:29Speaker 1: and that camp camp. Yeah, I think it's still there,
- 18:33Speaker 1: is it, I believe? So Yeah, Well, I think probation
- 18:36Speaker 1: off officers too will set people up in housing and
- 18:40Speaker 1: uh a lot of times they'll you know, that's like
- 18:43Speaker 1: the apartment that they go to the apartment complex. Um.
- 18:47Speaker 1: But obviously that's a really important thing to have because uh,
- 18:50Speaker 1: sex offenders had the highest recidivism rates of I think
- 18:54Speaker 1: all criminals. Yes, I read that somewhere too. It's very scary. So, um,
- 19:00Speaker 1: now they're stored on databases. Obviously we've talked about interpoll before,
- 19:05Speaker 1: and they're shared you know, internationally. They're getting better about
- 19:10Speaker 1: that at least. But it's not like an open book, right,
- 19:13Speaker 1: it isn't an open book. And in fact, um, you
- 19:16Speaker 1: have a legal right to access your criminal records through
- 19:20Speaker 1: the Freedom of Information Act. And I went and looked.
- 19:23Speaker 1: The FBI will give you whatever they have on yourself,
- 19:26Speaker 1: or else they'll send you something that says you have
- 19:29Speaker 1: no FBI record. Yeah, I think you're only uh in
- 19:34Speaker 1: the National Crime Information Center database if you have been
- 19:40Speaker 1: booked and fingerprinted by the FBI, or the FBI has
- 19:44Speaker 1: your record, right, I'm sorry, the Interstate Identification Index. I
- 19:51Speaker 1: think that's the one where h you're only innered if
- 19:55Speaker 1: the FBI obtains your fingerprint data, so like somebody has
- 19:58Speaker 1: sent it to the FBI at least. But FBI, do
- 20:00Speaker 1: they maintain a national database of criminal records. I don't
- 20:05Speaker 1: know if they maintain it or not. It doesn't say, um,
- 20:09Speaker 1: I know the d O the d O T maintains
- 20:11Speaker 1: one for traffic violations like big ones. We we should
- 20:14Speaker 1: have mentioned that if you've been convicted of some sort
- 20:17Speaker 1: of traffic offense, speeding ticket, what have you, or anything,
- 20:21Speaker 1: it's not on your criminal record. Yeah, unless it was
- 20:25Speaker 1: like vehicular homicide or something like that. That would that
- 20:27Speaker 1: would be in there, right, UM, yeah, I think so. Instead,
- 20:31Speaker 1: it's things like d u I, suspended licenses, driving without insurance,
- 20:35Speaker 1: fatal accidents. Um, there's they're maintained on the National Driver Register,
- 20:40Speaker 1: which is separate from your criminal record. You could have
- 20:44Speaker 1: two records out there. And maybe perjury about the operation
- 20:49Speaker 1: of a vehicle. That's if you've ever like you're getting
- 20:53Speaker 1: a wreck and you're a drunk driver and you get
- 20:56Speaker 1: your best friend to switch with you who wasn't drunk,
- 21:00Speaker 1: which is they should have been driving to begin with,
- 21:02Speaker 1: that's perjury. That's felony. Yeah, that's a big deal. Um.
- 21:05Speaker 1: So Chuck, you can get your criminal record, n um.
- 21:11Speaker 1: The government can look at it any time they want. UM.
- 21:16Speaker 1: And employers can she talked about at the top of
- 21:18Speaker 1: this podcast. With permission. With your permission, you can't give
- 21:22Speaker 1: anyone else besides a potential employer or an employer permission
- 21:26Speaker 1: to get your record, Like you can't, I can't get yours.
- 21:29Speaker 1: Even if you said no, really he can get it.
- 21:30Speaker 1: It's fine to say no, but an employer can. UM.
- 21:35Speaker 1: And like we said, originally this was this was something
- 21:38Speaker 1: that was just very targeted, where like if you were
- 21:42Speaker 1: a driver, they wanted to know if you had any
- 21:44Speaker 1: vehicular homicide record or that kind of thing. Um. And
- 21:47Speaker 1: it's getting more and more broad. Um. And apparently because
- 21:54Speaker 1: criminal records um weren't protected, you weren't a member of
- 21:58Speaker 1: a protected class. Yeah. Um, so you could be subject
- 22:02Speaker 1: to job discrimination based on the fact that you're a
- 22:05Speaker 1: criminal record. They used to be like freewheeling, Like they
- 22:08Speaker 1: would tell you to your face and maybe smack you
- 22:10Speaker 1: in the mouth when they told you that you weren't
- 22:12Speaker 1: getting the job because you were a crook. Um. Courts
- 22:17Speaker 1: have started to rule in people's favors, finding that, uh,
- 22:21Speaker 1: some laws or some convictions have been shown to disproportionately
- 22:25Speaker 1: affect like black people Hispanics, so that job discrimination based
- 22:30Speaker 1: on these kind of convictions amounts to racial discrimination. And
- 22:35Speaker 1: some courts have found in the favor of people who
- 22:38Speaker 1: are turned down for jobs even though there's no law
- 22:42Speaker 1: defends against job discrimination based on criminal records. Interesting. And
- 22:46Speaker 1: you could also be discriminated against for like public housing.
- 22:50Speaker 1: Um and I love in the article and in general
- 22:53Speaker 1: treated differently. Yeah, people can be a jerk to you
- 22:58Speaker 1: if you have a criminal record with no retribution um.
- 23:03Speaker 1: And the The one exception which I thought was interesting
- 23:05Speaker 1: was that UM, if you have a felony for drug use,
- 23:08Speaker 1: they can't use that against you to not give you
- 23:11Speaker 1: a job. It's part of rehab, is it the rehab process? Yeah,
- 23:16Speaker 1: that makes sense. You know, the very powerful rehab lobby
- 23:19Speaker 1: got that loophole put in there. Well, it certainly strikes
- 23:22Speaker 1: a a notch on the side of people who believe
- 23:26Speaker 1: that people drug problems are like, you know, have addiction problems,
- 23:30Speaker 1: and that they're not necessarily bad people, so good for them.
- 23:33Speaker 1: So let's say you you talk to your employer and
- 23:37Speaker 1: they're like, look, we know you have a criminal background,
- 23:39Speaker 1: but the dog, the test dog we brought out likes you,
- 23:43Speaker 1: so we're gonna take a chance on you. But we
- 23:46Speaker 1: want you to pony up some money. They're going to
- 23:48Speaker 1: tell you to go get what's called a fidelity bond.
- 23:50Speaker 1: I had never heard of this. I had neither like
- 23:52Speaker 1: I've heard about it in the case of like Robert
- 23:56Speaker 1: Downey Jr. Needing extra insurance after he went through is
- 24:00Speaker 1: like bad drugs phase. It's probably the same thing. It
- 24:04Speaker 1: probably is. But but movie companies UM production companies would
- 24:09Speaker 1: have to like purchase this massive extra insurance or not
- 24:12Speaker 1: be allowed to work with him at all. He was
- 24:14Speaker 1: too big of a liability. Not anymore of course. No,
- 24:17Speaker 1: he's really cleaned up his act. Yeah he's great. Um
- 24:20Speaker 1: so yeah, there's a regular people, not just Robert Downey Jr.
- 24:24Speaker 1: Regular people can get fidelity bonding to which amounts soon
- 24:28Speaker 1: insurance policy that you get or your employer gets on.
- 24:31Speaker 1: You're saying, we think you're kind of a screw up maybe,
- 24:35Speaker 1: and we want to make sure of our bets are
- 24:38Speaker 1: heads you're not fired, right, but think you might really
- 24:41Speaker 1: screw us up one day. That's what else you got.
- 24:45Speaker 1: Um firearms, Uh, you got to go through background check
- 24:50Speaker 1: when you purchase firearms here in this country. And don't worry,
- 24:54Speaker 1: you won't have to wait very long for your firearm. Yeah,
- 24:57Speaker 1: how long is that? It's like instantaneous, is it? Yeah?
- 25:00Speaker 1: But if you have a criminal record, if you've been
- 25:01Speaker 1: indicted for a crime of more than a year in prison,
- 25:05Speaker 1: you are ineligible to purchase a gun, which means you're
- 25:09Speaker 1: just going to have to buy one off the street
- 25:11Speaker 1: like other ex criminals, which is said, Um, it doesn't
- 25:16Speaker 1: preclude you from traveling to other countries necessarily, but as
- 25:20Speaker 1: everyone who's ever been through customs knows they can deny
- 25:24Speaker 1: you whenever they want in any country. Pretty much. You know,
- 25:27Speaker 1: they have to allow you to come in. They have
- 25:29Speaker 1: to invite you in like a vampire, right. And it
- 25:34Speaker 1: doesn't preclude you from coming to this country if you
- 25:36Speaker 1: have a criminal record either, unless you're on a boat
- 25:38Speaker 1: from Cuba. That's right. But the same deal we can
- 25:41Speaker 1: deny people coming in. They suggest to get a visa
- 25:45Speaker 1: if you're coming to this country to work and you
- 25:46Speaker 1: have a criminal record, Good luck with that, That's what
- 25:49Speaker 1: I say. I say the same thing, good luck everybody.
- 25:53Speaker 1: You got anything else? No, there's another one down in
- 25:56Speaker 1: our endless string of law enforcement podcast that we definitely
- 26:00Speaker 1: have a suite of, like ten at this point at least. Yeah. Um,
- 26:05Speaker 1: if you want to learn more about criminal records and
- 26:07Speaker 1: all that kind of thing, How stuff Works won't judge
- 26:10Speaker 1: you if you search for that. You can just type
- 26:12Speaker 1: it into uh the search bar, like I said at
- 26:15Speaker 1: how stuff works dot com. Um, and I said search bar.
- 26:19Speaker 1: So it's time for Facebook questions, Josh. We have two
- 26:31Speaker 1: and thirty of these, and so uh yeah, let's go
- 26:35Speaker 1: ahead and start here. Um. Doug Callahan if you were
- 26:39Speaker 1: to dive into a pool filled with any kind of fruit,
- 26:42Speaker 1: what kind of fruit would you choose? Pineapple? Um, Jerry
- 26:47Speaker 1: thought that was funny. How does being a team mask
- 26:50Speaker 1: at work? That's a crazy question. I think that's a
- 26:54Speaker 1: request for a show. Okay, like Team Mask guys, Um,
- 27:00Speaker 1: Shelleen Chuck Chook Chook the best, best favorite theme park
- 27:07Speaker 1: in the US? I mean, there's no question. What are
- 27:09Speaker 1: you going? Cedar Point? Yeah, yeah, I guess you're right.
- 27:15Speaker 1: I've only been there once. It was pretty good, but
- 27:16Speaker 1: Magic Mountain was pretty awesome in l A. Cedar Point
- 27:20Speaker 1: is the greatest in the world. I'm kind of sucker
- 27:23Speaker 1: for the the studio ones too, like Universal Studios, Like
- 27:26Speaker 1: the Rides are Lane, but I just like, you know,
- 27:29Speaker 1: the old Wet Show in the Miami by Boat Show.
- 27:31Speaker 1: Who still be the Miami? But I don't think so.
- 27:33Speaker 1: I think the Night Riders, Yeah, the the n c
- 27:37Speaker 1: I S Boat Show. Oh h yasdn Nadery The Fifth
- 27:42Speaker 1: Element good or bad? I wasn't a fan. I know
- 27:44Speaker 1: people love that movie. I didn't think it so good.
- 27:45Speaker 1: I've never made it all the right through. Okay, right,
- 27:47Speaker 1: when I see Gary Oldman and it's stupid haircut. I'm like,
- 27:50Speaker 1: I'm done. Comes down. Then what do you got? I'm reading? Uh?
- 27:57Speaker 1: We want to read that one. Let's see. Is there
- 28:01Speaker 1: anything worth not knowing? That's a going from Craig Jacquette. No,
- 28:06Speaker 1: there's well, no, I don't know. That's a really great
- 28:09Speaker 1: question on its face. No, of course there's nothing that
- 28:13Speaker 1: we shouldn't know. But I also believe there is such
- 28:16Speaker 1: thing as knowing too much, like personal stuff about people.
- 28:19Speaker 1: There's a lot that you shouldn't know, right, But also
- 28:22Speaker 1: even beyond that, chuck like, do we really need nuclear weapons?
- 28:26Speaker 1: Do we need nuclear capabilities? What if we didn't know that?
- 28:30Speaker 1: It's a great question, Craig Jaquette, you get you get
- 28:33Speaker 1: first prize today. Uh. James Hamilton's which sport has the
- 28:38Speaker 1: fittest athletes? Clearly Nascar? What do you think the fittest athlete?
- 28:45Speaker 1: I would say high lie or soccer? Um, Jody Jackson,
- 28:49Speaker 1: I have good news for you. We've done how China
- 28:51Speaker 1: is one child policy works. Another person thought this was
- 28:55Speaker 1: called for a quest That's right. It is not. It's
- 28:58Speaker 1: really called for silly questions. Uh, Cody Quimby, who's your
- 29:01Speaker 1: favorite Beatle? And why. Josh's answer would be none of them.
- 29:06Speaker 1: Mine would be George Harrison because you know, yeah, he's great. Yeah,
- 29:11Speaker 1: his soul was like like I love John Lennon, but
- 29:14Speaker 1: he was sort of a whiny little baby and a
- 29:18Speaker 1: bit of a pretentious artist. Paul McCartney's great, but Paul
- 29:22Speaker 1: was a bit of a power control freak. George Harrison
- 29:26Speaker 1: was just like there, dude, what about Ringo Ringos? He
- 29:30Speaker 1: placed down a nice back, but and he's fun. I
- 29:33Speaker 1: love ring Good too. Let's see one all right. Andrew
- 29:37Speaker 1: Jordan's what current TV shows? Do you recommend? Stuff you
- 29:42Speaker 1: should know? Coming to Science Channel January? That's so current
- 29:47Speaker 1: it's not even out yet. Um. I mean I watched
- 29:50Speaker 1: obviously Madman is is to me the best show on
- 29:53Speaker 1: TV right now. I disagree. I think Dirty Rock is
- 29:56Speaker 1: the best show on TV. Thirty Rock is great, and
- 29:58Speaker 1: Louis to me is like a tie for the best
- 30:01Speaker 1: show on TV. He's like, dude, he's making like French
- 30:05Speaker 1: art house movies every week on television. It's pretty amazing.
- 30:10Speaker 1: I watched The Killing. I watched True Blood. Do you
- 30:12Speaker 1: watch the Killing? Yeah? Well, Taxing isn't it? I watch
- 30:16Speaker 1: He's bounding down. The killing isn't taxing. I mean, it's
- 30:20Speaker 1: kind of depressing walking Dead. I don't watch a ton
- 30:23Speaker 1: of TV, but there's like me, like eight shows. I
- 30:26Speaker 1: like Dexter still Man. Man, that one went off the
- 30:30Speaker 1: rail so bad the past couple of years. I needed
- 30:31Speaker 1: to give it. I haven't seen the past couple of years,
- 30:33Speaker 1: and it's way pretty come on DVD. Good luck man,
- 30:37Speaker 1: spoiler alert off the rail. All right, So that's it
- 30:40Speaker 1: for now. I think we have one more addition to
- 30:42Speaker 1: this and then we'll wrap it up. Okay, Thank goodness.
- 30:45Speaker 1: If you want to catch up with me and Chuck
- 30:47Speaker 1: digitally speaking, you can send us a tweet to s
- 30:52Speaker 1: y s K podcast. You can join us on Facebook
- 30:54Speaker 1: dot com slash stuff you Should Know, and you can
- 30:57Speaker 1: send us a good old fashioned email to Stuff Podcast
- 31:00Speaker 1: at Discovery dot com. For more on this and thousands
- 31:09Speaker 1: of other topics, visit how Stuff works dot com. MHM
- 31:18Speaker 1: brought to you by the reinvented two thousand twelve camera.
- 31:21Speaker 1: It's ready, are you