Let us say for example I get taken to court because I said something about someone I don’t like, and they decide to take the case to court. If they manage to successfully sue me, will I end up with a criminal record even if I don’t end up spending any time in jail?
No - being sued is part of civil, not criminal, law.
If you are American, then no.
In the United States crimes are brought by the government and only the government.
Well…
…sorta.
In my state, to pick one example, any citizen may appear directly before a magistrate and, under oath, swear out a statement of facts. If the magistrate finds probable cause to believe that the facts so sworn constitute a misdemeanor, he will issue a warrant for arrest. (A magistrate may not issue a felony arrest warrant under such circumstances without first obtaining the permission of either the local Commonwealth’s Attorney or the law enforcement agency with jurisdiction over the offense).
Virginia is only one of a very few states that allow citizens to directly initiate the criminal charging process – I think North Carolina does so as well. There was a big flap over that several years ago when a mentally disturbed woman swore an arrest warrant out against the actor Ben Affleck; it developed that Affleck had never been in contact at all with the woman.
So – suing someone will not create a criminal record, only a civil one. But in some (few) states, a citizen can make a statement of facts under oath that cause an arrest warrant to issue without any investigation by or involvement of the police. Once the arrest is effected, only the government can prosecute the offender, but the arrest record remains.
One more nudge, please, Bricker. The OP asks specifically about a criminal record. Is there any meaningful distinction to be drawn between a criminal record and an arrest record?
Bricker, an arrest warrant is a long ways from a criminal conviction. Only criminal convictions will appear on a criminal record.
If a civil tort action or law suit results in a judgement filed against you, that may well show up in records such as your credit history.
Are you asking this due to some incident you heard about where somebody was arrested in conjunction with being a defendant in a civil suit? If so, most likely they were held in attempt because they failed to appear in court, or otherwise disobeyed an official request by the court/judge (and most likely were given at least a second chance to comply, and avoid arrest).
When I have to look at someone’s criminal history I look at their CCH (computerized criminal history). Using non-Jersey terms for clarity, all felony arrests appear on the CCH. Each arrest then says if they were found guilty, not guilty or guilty of a lesser charge. At the end it gives the number of felony arrests and the number of convictions. No misdemeanor arrests or civil matters show up. Basically anything that raises to the level of being fingerprinted.
I’m betting that’s a state by state thing. In CA, if you’re arrested, and taken into custody, it will appear on your record. Even if charges are dismissed, or if you’re acquitted. OJ’s criminal record certainly shows that he was arrested for murder in CA.
My understanding is that the arrest record never goes away. If they know which county of the state to check, ALL arrests will show up forever.
It used to be in Oklahoma that if you are a resident, & a LEO runs your license at a traffic stop, all the arrests will pop along with the dates. If they are interested enough, they can quickly pull the disposition of all of them.
25 year old information. I would think it is easier & faster now.
YMMV
Absolutely. But while most negative effects from a criminal history flow from a conviction, the arrest in some states – again drawing on Virginia as an example – is also a matter of record. Certain employment applications – the state bar, to pick an example – specifically ask to to disclose arrests as well as convictions.
Incorrect. There is no such thing as a standardized “criminal record;” information available varies between states. An arrest in my state is a matter of public record (unless expunged) and that means someone compiling information about your involvement with the criminal justice system can potentially retrieve it.