Tracing Ancestors in Criminal and Prison Records
Some of our ancestors at one time or another took shortcuts in their lives that resulted in arrest and jail time. Two of the most common hints would include ancestors who disappeared from public records for a period of time or individuals that the family refuses to talk about their past.
Keep in mind that historically, people were arrested and jailed or were transported halfway around the world to prison colonies, for offenses that today would be ignored or considered minor. Some examples of what passed for crimes may have included, using fowl language, vagrancy, non-attendance at church, falling behind in your payment of debts, infidelity, fishing in somebody else’s pond, multiple marriages, sexual misconduct or lack of activity, etc.
Criminal records come in many forms. While privacy and statutory laws may regulate timely accessibility, most genealogists will not be impacted unless the records were generated past the 1950s. With the exception of cases involving juvenile defendants, most criminal court records on any level are open to the public. Keep in mind that these rules vary by jurisdiction. From a genealogical research perspective, the most useful are record types are listed below.
Biographical Registers contain data about the inmate and the inmate’s family.
Clemency Files contain requests to the governor for clemency in the sentence of a convict. A narrative in these files explains the circumstances involved in the commission of the crime, the reasons for clemency, and attestations to the character of the convict. The petition was signed by individuals who supported the granting of clemency.
Convict Dockets include some of the information sometimes found in other records, including name of inmate, crime, sentence, date of sentencing, court of sentencing, name of prosecutor, date admitted, physical description, date discharged.
Death Warrants consist of the actual warrant and all the supporting documentation of the conviction, and contain information of greater historical than genealogical value. The disposition of appeals for clemency and commutation are often included in the file.
Descriptive Registers are similar to registers of prisoners, giving the date of entry, name, age, birthplace, occupation, complexion, color of eyes, color of hair, stature, physical marks, sentence, when sentenced, number of convictions, when and how discharged, expiration of sentence, and remarks.
Lists of Executions include some descriptive information about convicts, including date and time of execution, name, age, weight, and race. In addition, the name of the victim(s) and the arresting sheriff’s name will appear.
Military Prisons Besides having information about detainees in their custody, many have information on POWs buried at a cemetery near the hospital or prison camp where they died. The bodies of others were returned to their home area. The cemeteries near Civil War prisons usually have a Union area and another area for the Confederate men. Many national cemeteries have burials from across the country. Many of the records indicate the company or unit, regiment, and date of death. Listings include rank, company or unit, state, date and place of capture, date and cause of death, and place of burial.
Pardon Books attest to pardons granted to convicts by the state governor and contain little genealogical information. These books often make reference to the place of original conviction and the court of sentencing.
Prison Hospital Record Books may offer detailed information about the inmate’s medical treatment while imprisoned, hospital record books may include a specific date and cause of death. They may contain statistical accounts of the types of illnesses treated and the frequency of treatment.
Reception Descriptive Lists of Convicts are an expanded form of early prison registers, and contain detailed information about the prison inmate. The information listed in these records includes the convict’s name, age, race, crime, date of reception, date of sentence, county of conviction, occupation before and at the time of arrest, physical description, shoe size, weight, birthplace, education, occupational training, marital status, parental relations at fifteen, drinking habits, relatives in prison, cause of crime, and relative’s residence.
Registers of Prisoners are similar to admission books and list the name of the prisoner, age, race, birthplace, number of convictions, county of residence, court of sentencing, date of sentencing, crime, maximum sentence, and remarks (usually about release).
Locating prison records requires some searching. Determining the name of the prison from other sources, such as newspaper articles, is very helpful. The federal census enumerated inmates when they were jailed in a census year. If you know the place or state of imprisonment, write to the prison itself or to the state department of corrections. Researchers should consult online sites for the particular institution or state corrections office to view the access policy guidelines.
Many jurisdictions have online request forms which must be downloaded and submitted. Queries should specify the exact record/s of interest. Keep in mind that many older municipal, county, and state court records have been transferred to the state archives or historical society, which is probably where you would also find state court records. Most federal court records are at the NARA branch nearest the court.
BLM 5/1/2017