Not every ancestor was a pillar of virtue. Some were drunks, swindlers, thieves—or worse. You may have been told stories about them, or maybe you found hints in old letters or whispered rumors passed down through generations. But whether the stories were hushed or never told at all, the paper trail doesn’t lie.
Court records, prison files, and arrest logs are filled with stories—some tragic, some surprising, and some just plain strange. If you’ve never looked into the criminal side of your family history, you may be missing a whole dimension of your ancestors’ lives. And in many cases, it’s the most revealing side of all.
Let’s talk about how to find those records, how to make sense of them, and why they’re worth exploring—even when the truth is uncomfortable.
Why Look for Criminal Records?
Most people researching their family line start with the basics: birth, marriage, and death records. But once those are covered, there’s an entire world of deeper documents that can uncover more about a person’s character, struggles, and community.
Criminal records can reveal unexpected family drama, provide physical descriptions of people you’ve never seen photos of, include statements in your ancestor’s own words, and shed light on economic hardship, alcoholism, abuse, or rebellion. They can even help identify relationships through court testimony and co-defendants. Sometimes, even a short stint in jail becomes a key to unlocking an entire branch of the family tree.
Types of Criminal Records Worth Searching
Depending on the time and place, different kinds of documents may have survived. Here are the most common types to look for in your research.
Arrest Records and Jail Logs: These usually include the date of arrest, the reason for the arrest, the name of the officer, and sometimes a basic physical description. Some jails kept daily or weekly logs with handwritten notations.
Court Dockets and Case Files: Dockets list cases heard in a certain court session. They’re helpful for identifying your ancestor’s legal trouble by name and date. The case files themselves may include witness statements, depositions, subpoenas, and final judgments.
Sentencing and Prison Records: These show when someone was convicted and sentenced to jail or prison time. Some include intake forms with physical descriptions, literacy levels, religious affiliation, and occupation.
Pardon and Clemency Requests: If your ancestor or their family petitioned for early release or clemency, those records may still exist—and they’re often very emotional. These petitions can contain family letters or community testimonials.
Police Blotters and Reports: Some cities and towns kept blotters—books where officers recorded daily events, arrests, and reports. These are sometimes archived locally or preserved on microfilm.
Wanted Posters and Mugshots: Though rare, mugshot collections do exist for certain counties or states, especially for repeat offenders. A mugshot may be the only photograph you’ll ever find of a distant relative.
Where to Find Criminal Records
Most criminal records aren’t housed in the same place as vital records. You’ll need to get a little creative and dig into a variety of sources.
County Courthouses: Start with the county where your ancestor lived. Each level of court—justice of the peace, county, district, or circuit—may have handled different types of cases. Some records are still held on-site. Contact the clerk or county archives to ask about access.
State Archives: Many older prison and court records are preserved at the state level. Some states have digitized collections or printed indexes. Look for “State Penitentiary” or “State Reformatory” records.
Historical Societies and Libraries: Local organizations often hold rare collections, microfilmed newspapers, police blotters, or even personal papers of local law enforcement or attorneys. These smaller sources can fill in the details missing from government records.
Digital Resources: While not all criminal records are online, here are a few places to start:
- Ancestry.com – Prison and mugshot collections for select locations
- FamilySearch.org – Free county court and jail records in growing numbers
- Fold3.com – Military-related disciplinary and court martial records
- Newspapers.com – Arrests and trials were often reported in the press
- Chronicling America – Historic newspapers hosted by the Library of Congress
What Can You Learn from a Criminal Record?
Criminal records can offer more than just legal information. They can humanize an ancestor, offering details that bring a flat name on a pedigree chart to life.
Take this excerpt from an 1878 case file in Pennsylvania involving a man named John L., arrested for larceny:
“The accused, being of foreign birth and limited understanding of the English tongue, maintains that he entered the store not with intent to steal, but to shelter from the rain. He admits taking the bread but not the coin, claiming the former a necessity, the latter never seen.”
This single paragraph reveals that the man was an immigrant, likely poor and hungry, perhaps misunderstood due to language barriers. It suggests hardship, desperation, and maybe even injustice. These are the moments where the story becomes real—and worth telling.
But What If You Don’t Want to Know?
It’s understandable to feel hesitant. Discovering a relative who served time for theft or assault can be unsettling. Some people feel protective of their family’s reputation. But family history is about honesty and discovery, not perfection.
Some ancestors committed crimes out of poverty, trauma, or mental illness. Others were punished for breaking unjust or outdated laws. And many were never convicted at all—just accused. Learning their stories can open a window into the values, laws, and struggles of the time.
One researcher discovered her 3rd great-grandmother had been jailed for “lewd and indecent behavior.” The truth? She was a widow running a boarding house for unmarried men in her sixties—a legal but socially frowned-upon choice in her church-dominated town. Her “crime” says more about the culture of the era than anything she did.
Famous Figures with Criminal Ancestors
Even well-known people have found surprising figures in their trees.
Johnny Cash had ancestors who were arrested for moonshining and drunken brawls in the South. Ulysses S. Grant once arrested his own commanding officer during wartime, showing that his family history included both law enforcement and questionable judgment. And descendants of Jesse James have long worked to separate the myth from the reality of their outlaw heritage.
These examples show that brushes with the law are part of many family stories—often more common than we think.
What to Do Next
If you find a criminal record in your tree, take time to analyze it. Make notes, copy the citations, and gather supporting documents like census records, land deeds, or newspaper articles. Look for patterns: Did this person struggle with poverty? Did they reoffend? Were they ever pardoned?
Try not to judge too quickly. A century ago, laws and values were different. What mattered was survival, reputation, or honor. Your ancestor may have been a criminal—or a scapegoat. Or maybe just someone who made a bad decision and paid for it.
The value of finding these records is not in the shame or shock—it’s in the understanding. And understanding is what makes family history truly meaningful.
