Is a criminal record obtained by a federal prosecutor admissible as evidence in a criminal case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Perlmuter, 693 F.2d 1290 (9th Cir. 1982):

In order for a federal prosecutor to prove the fact of conviction of a person in a state court, he must comply with 28 U.S.C. Sec. 1738, 1 which requires that records of court proceedings of the states be authenticated by attestation of the court clerk and the certification of a judge of the court. In Clainos v. United States, 163 F.2d 593 (D.C.Cir.1947), the court held that a record of convictions made by a police agency is not admissible as evidence of those convictions. That court pointed out that while rap sheets may be useful to the police in their law enforcement capacity, the record of convictions for the purposes of a court must come from a court itself in order to be considered reliable. Id. at 596.

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