The book comprises four parts, detailing ‘The Production and Dissemination of Criminal Records’, ‘Key Policy Issues’, ‘US Criminal Record Exceptionalism’ and the ‘Direct and Collateral Consequences of a Criminal Record’.

It is the first book that covers the wide range of subjects affected by criminal records. Jacobs' book adds to the existing literature by expanding the scope of such studies, revealing the critical effects of criminal records, which until this point had only been addressed within specific branches of the criminal justice literature and had not been considered holistically. For example, the debate about the stigmatizing effects of the publication of criminal records was usually limited to the juvenile justice system, not in the context of criminal justice generally. Jacobs exposes the consequences of criminal records for the individuals affected, as well as the social repercussions, pointing also to the ease of accessing criminal records partly as a consequence of developments in information technology in the last 50 years. ‘Criminal background checking has become a routine feature of American life’ (5).

‘The Eternal Criminal Record’ highlights the creation, dissemination, use and consequences of criminal records in the US and contrasts the US practices with the European privacy-oriented approach. This comparative approach shows the American method of handling criminal records to be a policy choice amongst many different alternatives. In essence, it is one of the many examples of American criminal justice exceptionalism. Jacobs compares the US approach with Spanish laws governing the use of criminal records, highlighting the legal principles that are pivotal for the stark differences between these two approaches: the publicity of judgments and access to court records, the protection of honour and privacy, the protection of personal data, free speech and rehabilitation. In contrasting these different paths, the book focuses on the role of the First Amendment of the US Constitution. Jacobs emphasizes that ‘the tradition of open courts, and powerful political support for the public's right to know make European-type data protection, especially for criminal records, inconceivable in the United States’ (177). The book highlights that the First Amendment protects free speech of true facts and that such (true) communication could not result in reputational damage. A person's reputation would not fall within the protection of dignity under US law.

Jacobs' most important contribution is to point to the whole range of consequences that the collection and distribution of criminal records can have at every level—within both the legal and social spheres. In addition to its impact on sentencing, other impacts include, inter alia, influence on police decision-making regarding the arrest of a suspect, judges’ assessment on pretrial detention, and prosecutorial decisions on whether a plea is proposed to the accused. According to Jacobs’ analysis even the selection of charges to be brought as well as judgments by correctional officers are affected by a person's criminal record. In the end, this results in his advocating for a broader oversight of the usage of criminal records. Jacobs also draws attention to the big commercial market for criminal records that exists today in the US. Individuals can effortlessly check the criminal background of persons they are dealing with, professionally or personally, because ‘criminal records are a more easily accessible ‘‘credential’’ than a person's educational record or employment history’ (303). However, Jacobs also asserts that it can be perilous to grant governments the right to interfere and to decide whether and which such information should be available to the public. In particular, he argues that in the private sector ex-offender discrimination should not be prohibited by the State, but left to the decision of private contractors etc who have a legitimate interest in knowing about those with whom they are interacting commercially.

While pointing to the substantial collateral consequences which attaches to persons with a criminal background, one of Jacobs’ central normative assertions is that public policy should seek to reduce de jure discrimination against ex-offenders and to stop stigmatizing them as ‘second-class citizens by law’. Therefore, Jacobs puts a duty on the public sector not to impose legal restrictions in order to help address concerns that persons with criminal backgrounds were likely to reoffend and repeat past mistakes. According to Jacobs, the federal government could fight such negative stigma by hiring ex-offenders, thereby demonstrating trust in them. The State could also provide transitional employment on the completion of a criminal sentence and provide incentives for private employers to hire ex-offenders.

‘The Eternal Criminal Record’ highlights concisely and poignantly a wide variety of perspectives on the criminal records debate. The book targets a diverse audience; despite the academic depth of the arguments, it remains accessible to law students and the broader public concerned with criminal records collection and dissemination.

Jacobs provides critical and thought-provoking arguments relevant for policy decision-making which should not only provide a foundation for profound criminological reflection in the US but could also play a vital role for European policymaking, although it would not be feasible or suitable to transfer the entirety of Jacobs’ findings to the European context. The high level of societal prominence given to criminal records, illustrated in this book, is a prime example of American criminal justice exceptionalism.