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Tracing Ancestors in Criminal and Prison Records
November 1, 2023
Intermediate- Advanced Level Article
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 that this might have happened would include ancestors who
disappeared from public records for a period of time or individuals that the family refuses to talk about.
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 foul language, vagrancy,
non-attendance at church, falling behind in your payment of debts, infidelity, fishing in somebody else’s
pond, multiple marriages or sexual misconduct. 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 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. Many of these records are now
available online at Ancestry.com/Library Edition, FamilySearch, Find My Past and My Heritage.
More information on this topic can be found utilizing the resources listed below.
Books
Family Chronicle Magazine.
500 Brickwall Solutions to Genealogy Problems.
2003
https://libpac.leegov.com/polaris/search/title.aspx?ctx=1.1033.0.0.6&pos=1&cn=3912594
Pfeiffer, Laura Szucs.
Hidden Sources: Family History in Unlikely Places.
2000
https://libpac.leegov.com/polaris/search/title.aspx?ctx=1.1033.0.0.6&pos=1&cn=33940
Rising, Marsha Hoffman.
The Family Tree Problem Solver: Tried and True Tactics for Tracing
Elusive Ancestors.
2019
https://libpac.leegov.com/polaris/search/title.aspx?ctx=1.1033.0.0.6&pos=2&cn=3577463
Rose, Christine.
Courthouse Research for Family Historians.
2004
https://libpac.leegov.com/polaris/search/title.aspx?ctx=1.1033.0.0.6&pos=1&cn=1144058
Szucs, Loretto Dennis & Sandra Hargreaves Luebking.
The Source: A Guidebook to American
Genealogy.
3rd Edition. 2006
https://libpac.leegov.com/polaris/search/title.aspx?ctx=1.1033.0.0.6&pos=1&cn=158858
Internet
Ancestry.com Wiki Prisons and Penitentiary Records
https://wiki.rootsweb.com/wiki/index.php?title=Prisons_and_Penitentiary_Records&_gl=1*lr12v*_gcl_au*MTg5NDk2MzA1My4xNjkwNTY4NzMz*_ga*MTcxNjEwMzUwMC4xNjM0OTI3NTMx*_ga_LMK6K2LSJH*MWU2NWMwZGYtZjExZC00MjRkLTljYjQtMGY1MzMyZTVjYWUzLjIuMC4xNjk3ODE1MTgyLjAuMC4w*_ga_4QT8FMEX30*MWU2NWMwZGYtZjExZC00MjRkLTljYjQtMGY1MzMyZTVjYWUzLjE5LjAuMTY5NzgxNTE4Mi42MC4wLjA.&_ga=2.215896407.1550563969.1697743404-1716103500.1634927531
Black Sheep Ancestors
https://www.blacksheepancestors.com/usa/prisons.shtml
https://www.blacksheepancestors.com/
Cyndi’s List – Prisons and Prisoners
http://www.cyndislist.com/prisons
Family Search Wiki – United States Court Records
https://familysearch.org/wiki/en/United_States_Court_Records
Feel free to contact me with any additional questions or comments.
Bryan L. Mulcahy
Reference – Genealogy Librarian
Fort Myers Regional Library
bmulcahy@leegov.com
10/20/2023
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