Will my state records be transferred to the federal prosecutors? 33 Answers as of June 11, 2013

If I have a state record and I pick up a federal charge, does the state record transfer to federal? Or are they two separate records?

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Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
They are 2 separate records.
Answer Applies to: New York
Replied: 5/9/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Your State records will be available to the federal prosecutors.
Answer Applies to: Kansas
Replied: 5/3/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
A federal prosecutor will take your state criminal record into consideration when assessing the federal case against you. In state criminal cases, the client's entire criminal history (state, out-of-state and federal) is considered when the prosecutor makes plea offers and when the client is sentenced by the court.
Answer Applies to: Oregon
Replied: 5/3/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
The record is accessible by either government, state or federal. Stay well.
Answer Applies to: Alabama
Replied: 5/3/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
You should talk to your attorney about federal sentencing guidelines and what you are facing. They should be able to explain the range of punishment.
Answer Applies to: Alabama
Replied: 5/2/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Federal and State records are generally separate. State records in Michigan are maintained by the Michigan State Police. Federal records are not.
    Answer Applies to: Michigan
    Replied: 5/2/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    If you have a criminal record in state court, and get a federal charge, the federal officials will know about the prior state charges and it may or may not influence the punishment you might receive on the federal level.
    Answer Applies to: Florida
    Replied: 5/2/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    All criminal records, both state and federal, are maintained by the Federal Bureau of Investigation National Crime Information Center (NCIC).
    Answer Applies to: Texas
    Replied: 5/1/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    2 separate records.
    Answer Applies to: South Carolina
    Replied: 6/11/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    4-30-11A record is maintained on all convictions whether they are municipal, state, federal or otherwise. The feds always make it a policy of getting a copy of the entire criminal record of the offender and the prior arrests and convictions may have an impact on the disposition of the charges or the subsequent sentence.
    Answer Applies to: Alabama
    Replied: 5/1/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Your "record" is a series of data entries into the National Criminal Information System or NCIS. Some states have their own Criminal Information System such as Texas, it is called simply enough, the TCIS but it is cross linked with the NCIS computers. So, the Feds have a information on all your criminal activity wherever it took place.
    Answer Applies to: Texas
    Replied: 5/2/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The State of Washington State Patrol maintains all Washington criminal records. Every person with a record also has a federal record which is maintained by the FBI. If you are facing federal prosecution, they already know about your state convictions. Because the federal system uses determinate sentencing ( where you would have a certain sentence based on your record and your current offense) your state convictions will count against you at sentencing in the federal system. The good news is the federal sentences are usually more lenient than state sentences.
    Answer Applies to: Washington
    Replied: 5/1/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I'm not sure what you mean by "transferring records." The federal prosecutors will have access to any state crimes you have commitment via computer database. If you're asking whether or not the state charges will effect your sentence or possible plea deals on the federal charges, that's a different story. You would need to consult with your attorney on that.
    Answer Applies to: Michigan
    Replied: 5/2/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    They are 2 separate records however the federal Court prosecutors will get the state records and can use it against you for sentencing.
    Answer Applies to: New York
    Replied: 4/29/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Your State record will be available for the Fed's access. State records are much more accessible to other states, but the Fed's have always had the ability to access the records. If the record is used it still must meet all evidentiary standards.
    Answer Applies to: Nebraska
    Replied: 4/29/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The federal prosecutors will be able to obtain your state records and those records may or may not make a difference to them.
    Answer Applies to: Colorado
    Replied: 4/29/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    It will not be transferred automatically though the federal government can certainly access it if they want.
    Answer Applies to: California
    Replied: 4/29/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are The Goolsby Law Firm, LLC located in Augusta, Georgia. I am a former federal prosecutor for over 20 years and now work as a criminal defense attorney in Augusta. Yes, generally, federal prosecutors will obtain state files and other records, if they will help in their case. Each case is different and it is important that you retain your own experienced criminal attorney to advise you as to all your rights and options.
    Answer Applies to: Georgia
    Replied: 4/29/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The federal prosecutor will run a computer check and find any conviction that you have. Federal charges are very serious and often carry long prison terms. You should retain an experienced criminal attorney, but the fees are very high so you may have an attorney appointed. The federal public defenders are usually quite experienced and know the judges and prosecutors. They will usually provide effective representation and are generally much better than the state Legal Aid lawyers. I have 27 years of federal trial experience and my fees are reasonable. Feel free to call for a consultation.
    Answer Applies to: New York
    Replied: 4/29/2011
    Eversole Law, LLC
    Eversole Law, LLC | Steven Eversole
    Thanks for the question. I am not sure exactly what you mean by your question below, but I will take a stab. Yes, your state record can be used against you in Federal Court. In Federal Court, you are sentenced according to the Federal Sentencing Guidelines. These guidelines are affected by any state court convictions. I highly recommend you hire an experienced criminal defense lawyer as soon as possible. Please feel free to call or e-mail any further questions.
    Answer Applies to: Alabama
    Replied: 4/29/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Criminal records are maintained by state and feds but they share information freely. Records will not be missed normally
    Answer Applies to: New Hampshire
    Replied: 4/29/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    The feds will be able to see your state criminal record. However, state and federal law enforcement are separate entities and the cases not handled together.
    Answer Applies to: California
    Replied: 4/29/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    They are two separaate records as they are two separate jurisdictions. However, that does not mean that the feds will not know about your state criminal record. They will find out.
    Answer Applies to: California
    Replied: 4/29/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Transfer?? Any prosecutor, federal, state or city, can pull a copy of your DOJ record which we call a rap sheet. It contains every charge, arrest and conviction you have had, state and federal, plus anything Interpol submits, if applicable. Records are forever.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    They are two separate records. However, the feds have access to them and can use them.
    Answer Applies to: California
    Replied: 4/29/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Hello, Your state records DO count against you on your federal charges.
    Answer Applies to: New York
    Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    They would reman two separate records.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    All criminal records for state and federal convictions are maintained by the FBI at the National Criminal Information Center. All prosecutors, state and federal, have access to your NCIC report. Therefore, yes the federal prosecutor will have access to your state criminal history.
    Answer Applies to: Montana
    Replied: 4/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Not really sure what you mean by "transfer." The feds will, of course, be aware of your state record and it will be considered as part of your overall criminal history.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    The state and federal systems are separate, but a prior conviction in one system will probably be used to increase your sentence in the other system. So, I think the answer to your question is yes, the state record transfers to the federal system. If you're asking about something other than criminal-history scores, then I don't understand the question.
    Answer Applies to: Oregon
    Replied: 4/29/2011
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