How to find information about your criminal record

Author: Virginia Floyd
Date Of Creation: 12 August 2021
Update Date: 1 July 2024
Anonim
Background Checks and Criminal Records
Video: Background Checks and Criminal Records

Content

A criminal record (also known as a criminal record) is a record of the criminal activity of a specific person. In the United States, a criminal dossier is usually a collection of information at the local, state, and federal levels. A criminal record typically includes minor and serious charges, pending charges, dropped charges, and any prosecutions currently in progress. But dropped charges usually don't count as a criminal record. As a rule, information about a criminal record is requested in the following cases: employment, admission to educational institutions, military service, admission to state secrets, the purchase of firearms, upon obtaining certain types of licenses, as well as for the purpose of legal coercion. If you need legal access to the criminal record, please follow the instructions below.

Steps

Part 1 of 4: Claim your federal criminal record

  1. 1 Know who might ask the Federal Bureau of Investigation (FBI) for a brief identity history. To obtain a federal criminal record, you must access the FBI website and ask for a copy of your Brief Personality History — this is what the FBI calls the Offense Record Report. You will only be able to request the FBI for a copy of your Brief Personality History - that is, you will not be able to view other people's federal criminal records through the FBI database.
  2. 2 Fill out the applicant information form. If you are looking for federal records of your criminal record, you should first visit the FBI website and fill out an applicant information form. This form will ask you for the following information:
    • Name;
    • Date of Birth;
    • The last four digits of your social security number;
    • Your identifying information (for example, height, weight, hair and eye color);
    • Your home address and the address to which you would like to receive your documents;
    • The reason for your request; and
    • Your signature.
  3. 3 Take your fingerprints. Once you have completed the Applicant Information Form, you will need to take your fingerprints and attach a true copy of your fingerprints with your application. To get your fingerprints, visit your local justice or sheriff's office for a fingerprinting specialist. The fingerprint specialist will give you a fingerprint card - it should include your name and date of birth.
    • To ensure that the result is satisfactory, take the standard Fingerprint Form (FD-258) with you when you take your fingerprints.
  4. 4 Make the required cash contribution. To obtain a copy of your criminal record, you must pay $ 18 by writing a certified check, money order, or credit card. Cash, personal and business checks are not accepted.
  5. 5 Review the list of documents required to obtain a brief history of an individual. Please review this list to ensure that you have provided all the required information and can apply. Once you cross all the items off the list, you can apply.
  6. 6 Send the required documents by mail. Before submitting your application, you must have the following documents in hand: an applicant information form, a full fingerprint card and proof of payment.Submit all of these documents to the FBI's Criminal Justice Information Service (CJIS) at Summary Request, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306.

Part 2 of 4: Get someone else's criminal record

  1. 1 Go to federal courts. When a person is arrested and / or charged with a federal crime, it is a public event and the records of that crime are generally publicly available, the key is knowing where to look. The most reliable way to gain access to someone else's criminal record is to go to the federal court in which that person was tried.
    • Every federal court has a judicial clerk. This court clerk will be able to access other people's criminal files if you provide him with the information necessary to find these files. The most important information is the person's name and date of birth. Additional useful information includes the charges against him; all case numbers and social security numbers. Provide the court clerk with the information you have to review your files. You may have to run through multiple courts to find multiple dossiers if a person has been convicted in several different states or cities.
  2. 2 Use the online information services for information. The federal government provides certain information services that you can use to gain access to government court records. The two most important information services are the Open Access Court Electronic Records Site (PACER) and the National Public Page of Sexual Offenders (NSOPW).
    • The PACER website is a federal database that allows users to access the federal court registry. After registering, you should enter the available information about the person to find his court records. Please be aware that this service is not free and you may have to pay a certain amount to access, download or print the documents you are looking for.
    • The NSOPW website is a federal database that provides detailed information on people who have been arrested and convicted of sex offenses. To use this site, simply go to the home page and click on the "search" button. Once you agree to the terms of use, a screen will appear where you can search based on name, location, or street address. Enter this information and the search results will appear in front of you.
  3. 3 Do an online search for photos from the “wanted by the police” series. Another way to find criminal record information is to do an online search for photos from the police database. All you have to do is open Google or whatever search engine you want to use and type in the person's name followed by the word “snapshot”. The search engine will give you the relevant data. Please be reminded that this is not the most reliable method and should only be used if the above methods have not yielded the expected results.

Part 3 of 4: Request Local or State Criminal Records

  1. 1 Find out who can request a local or state criminal record. Unlike the brief history of the FBI's identity, which can only be accessed by the person whose name is on the documents, many local and state criminal records can be accessed by others. Before trying to locate local or state criminal records, find out if you have access to the documents you are looking for.
    • You can always access your dossier.
    • Generally, your consent is required for someone else to access your file.Typical situations where a person is interested in your dossier is buying a firearm from a gun store; applying for a private school or for a job. For example, a prospective employer may ask for permission to review your profile on a job application. Of course, you can refuse his request, but then the employer may consider this an obstacle to concluding an employment contract and decides to hire someone else.
    • But depending on the state you live in, some criminal records are public and do not require permission to access them. For example, in Montana, information is available to the public about arrests and prosecutions for felony and misdemeanor charges. Also, in each state, the public may receive certain information about whether a person has committed a sexual offense.
    • In general, if you are trying to find your dossier and access it, you will have to face many obstacles. If you are trying to find records of another person's criminal activity, always ask permission if you are unsure if the records are in the public domain.
  2. 2 Go to your local or state police department. If you are looking for local or state files, you should start your search by visiting your local or state police department. As a rule, the police department has records of all cases of criminal activity that take place in its area of ​​ u200b u200bthe jurisdiction. Some police stations may require you to make a request in person, while others you can make a request over the phone or even online.
    • For example, in Pennsylvania, you can file a criminal record request online by accessing the Pennsylvania Criminal Records website. Once on the website, you should request new dossiers and follow the instructions on the screen. You will be asked to provide the name and address of the person whose file you need and the reason why you are requesting. After providing the required data, you will have to pay $ 10 for each request made. After payment, your request will be processed - as a rule, this takes about two to three weeks.
    • If you are making a request in person, go to your local police department and ask the information desk to help you file a criminal record request. They usually have a form that you should fill out - you should provide the required details and pay the required fee.
  3. 3 Contact your local or state court clerk. You can also find the criminal record at your local court - usually there are documents related to criminal cases that are currently being heard. These documents may include criminal charges, indictments, court files, and case numbers. To search these dossiers, contact your local court and ask for help in obtaining these documents. Searching is done differently in all courts. Some counties allow you to search the Internet for criminal records.
    • For example, in Miami-Dade County, Florida, you are allowed to search for pending or pending files in that county. To find a case, you need to know its number.
  4. 4 Submit your request to the public records. Each state has a law allowing citizens to request access to public archives. All criminal files that are publicly available in your state's database are searchable and viewable. To access these dossiers, you must submit a request to the public records - that is, write a letter or send an e-mail to the desired institution, detailing exactly what documents you need.Each state has a different procedure for filing a request with the public records, so you should check the laws of your state to make sure that you properly file your request.
    • Click here to view your state's laws governing public records. Once on the site, simply click on the state you are requesting and you will have access to the laws and requirements of that state.
    • Check out here for sample submission patterns for each state. Use these emails as templates when you start writing your request.

Part 4 of 4: Check Your Job Background

  1. 1 Tell an employee or job seeker about a background check. The Credit Accurate Reporting Act (FCRA) requires employers to notify job applicants of their intention to verify their bios. They should also inform the jobseekers that the information received will be used in making a decision on the recruitment of a candidate. You must notify the job applicant of these facts in writing.
    • The written notice should not contain any other information. It should be on a separate page.
    • Also indicate if you are going to check the employee's criminal record during his work. Employees and job seekers should be advised that you intend to check their bios in the future.
    • You should get written permission from an employee or job seeker.
  2. 2 Check out the laws in your state. State laws may impose restrictions on the use of background screening results when deciding whether to hire a candidate. Therefore, you should check the laws of your state or find a lawyer who specializes in labor relations.
    • The Accurate Credit Reporting Act permits the collection of information from the past seven years, but some states do not allow the disclosure of criminal convictions in cases more than seven years ago, even with background checks.
    • In some states, it is illegal to use criminal records. In Hawaii, for example, it is prohibited to view an employee's criminal record until the employer has received a conditional offer. In Massachusetts, it is forbidden for an employer to even ask about a job seeker's criminal record during the first stage of applying for a job.
    • The use of an applicant's credit history may also be restricted or prohibited. For example, in Illinois, an employer may not take credit information into account when making a hiring decision, except when applying for positions in certain areas of activity (for example, banking or insurance).
  3. 3 Find accredited consumer credit reporting agencies (CRAs). The Law on Accurate Credit Reporting restricts who can legally access other people's consumer reports. Only someone with good reason can access someone else's consumer report. The CRA collects information and curriculum vitae by pulling information from various databases - some of which come at a cost.
    • To find a CRA, visit the National Proficiency Testing Association website. This organization issues accreditations to institutions that promise to abide by the published code of conduct.
    • Go to this portal. You can find businesses by entering the business name, state, or zip code.
    • Now that you have a list of your results - you can go to each company's website. The website of each company contains additional information about the services provided.
  4. 4 Narrow down your CRA list. Once you find CRAs in your city or state, you should take a deeper look at them to find out which ones are working legally.If you wish, you can choose a member of the National Association for the Verification of Professional Experience, who must be there legally. But if you decide to use the services of a non-accredited company, call (or write an email) and ask the following questions:
    • Can they provide you with a recommendation or a copy of your business license?
    • Do they have local controls that are compliant with the Accurate Credit Reporting Act?
    • Does the company have insurance?
    • If the answer to one of these questions is “no”, look for other options, no matter how beneficial the terms of the deal offered by the company seem to you.
  5. 5 Contact a Consumer Credit Reporting Agency (CRA). When contacting an agency, you should first make sure that you have followed the proper procedures. For example, you must confirm that you comply with the requirements of the Law on Accurate Credit Reporting - get the applicant's signature, notifying him or her that you intend to verify their biography.
    • In addition, you must certify that you have not violated any of the discriminatory laws based on information contained in the applicant's consumer report.
  6. 6 Request a report from the CRA. The consumer report will contain information on criminal convictions and seniority / credit history. Under federal law, the CRA generally does not identify civil claims, civil sentences, arrests, recoverable bills, or taxes paid more than seven years ago. Moreover, the report does not contain information on bankruptcy cases that took place more than 10 years ago.
    • But if you want to know what happened 10 years ago, you can ask that this information be included in your report. Surely state laws limit your requirements. You may be prohibited by state law from requesting data that is more than seven years old.
  7. 7 Make a decision about hiring a candidate for a job. If a customer report contains information that calls into question your decision to hire a person, you should inform the applicant about it. You should notify the applicant so that he or she can dispute this information if necessary. To fulfill your obligations, you must:
    • Inform the person about the negative information available in the report.
    • Provide the applicant with the name of the consumer credit reporting agency that you have used.
    • Provide the applicant with a copy of the Summary of Your Rights Under the Accurate Credit Reporting Act (you should have obtained it from the agency you hired).
    • Provide the applicant with the opportunity to refute the information contained in the report. The refutation can be presented in the form of a letter - it should describe the reasons why mistakes were made when checking the biography.

Warnings

  • There are laws governing the use of criminal record information. It is illegal to use it for the purpose of intimidation, persecution, threats to disclose and dishonor a person.