Frequently Asked Questions
Frequently Asked Questions - Criminal Background Checks
About Criminal Background Searches
 

How do I decide whether to run a County Criminal Search, Statewide Criminal Search, Department of Corrections search or a U.S. Federal District Court Search?
All three products involve criminal records research, but the source of information and the focus of each search is very different. While it is possible for all three to yield the same case information on a subject, your chances of finding information will be greater if you follow these simple guidelines:

Order a County Criminal Record Search if you know or think a subject was charged with a criminal offense in a particular county. One of our on-site court researchers will examine the Courts index and dockets to match case files with the subject of your search.  County Criminal Searches rarely require a Release of Information Form signed by the subject of your search.

Order a Statewide Criminal History Search if you know or think a subject was charged with a criminal offense in a particular state, but don't know the county, or the subject has lived in several cities within a state. This search is a cost-effective search because it provides criminal case information from each reporting county within a state.  There are, however, limitations to the Statewide Criminal History Search.  Law enforcement agencies and/or courts may not report every arrest or conviction to their statewide repository for criminal records.  Some police departments, for example may not report traffic violations or misdemeanors (less serious) crimes, while some courts may not report the final disposition (outcome) of a criminal case.  Of the 36 Statewide Searches we offer, eight require a Release of Information Form signed by the subject of your search.

Order a Department of Corrections Search only if you know or think a subject has served or is currently serving time in a state prison. If records are found, we'll be able to tell you not only where they were/are imprisoned, but also where the case was originally filed. This search can often yield information about past incarcerations as well.  Remember, the subject of your search must have been physically incarcerated in a state-operated prison to be identified in a Department of Corrections Search.  This search will not provide information on persons found guilty of a crime and sentenced to a city or county jail or granted probation.  The Department of Corrections search does not require a Release of Information Form signed by the subject of your search.

Order a U.S. Federal District Court Search only if the subject of your search has been prosecuted by the U.S. Attorney's Office for a violation of the U.S. Criminal Code.  These cases have been investigated by a federal law enforcement agency such as the F.B.I., D.E.A. etc. and meet the strict prosecution guidelines as a crime against the U.S. Government.  This search does not include misdemeanor or felony cases filed in County or State courts.  A U.S. Federal District Court Search does not require a Release of Information Form signed by the subject of your search. 

The person I'm looking for is currently in jail.  Will their record reflect that?
If the subject of your search was convicted of a crime and sentenced to serve time in a city or county jail or state prison, our report will generally include sentencing information.  If the subject of your search is in jail - unable to post bond - and awaiting trial, our report will probably not include information about the subject's inability to post bond. 

I'm looking for someone who lives in one county but committed a crime in another county.  Where do I start looking?
You should search the county where the crime occurred.

I ordered a criminal background check on someone who I know has a record, but it didn't show up on your report.  Why?
A County Criminal Record Search may not reveal information about criminal cases filed in city (municipal) courts, mayor's courts, magistrate courts or justice courts.  The scope of a report depends upon the court structure with specific counties.  Our County Criminal Record Search is conducted at the court that has jurisdiction over the more serious misdemeanor and all felony crimes.  The price we charge for a County Criminal Record Search will not allow us to send a researcher to every justice, magistrate or municipal court in a county.  We report the information on file in the court that has the largest jurisdiction within a county.  A record will not show up on a Statewide Criminal History Search if it was not reported to the state repository by a local law enforcement agency or court.  A statewide search is only as thorough as the information reported by local authorities.  Remember, unless requested, our searches are seven-year background checks.  Perhaps the offense occurred more than seven years ago.

I know someone who has been arrested in the past. Will this report show that?
There is a difference between an "arrest" and a formal charge.  The fact that your subject was "arrested" may not show up on our report if the prosecutor or district attorney did not authorize a formal charge.  We only report criminal charges formally filed in a court.  If someone was "arrested" and released without a formal charged filed, it will not be included in our report.

Can I see if someone has a warrant out for their arrest?
Local and state police are now prohibited from providing warrant and wanted information to private companies or individuals for commercial distribution.   

I know someone who was convicted of Domestic Violence (Assault on a Family Member) less than seven years ago, but the charge did not show up on your report.
Domestic Violence cases may be filed in one of several county-level courts.   The case may have been filed in Family or Domestic Court instead of a criminal court.  Family Court records are often not considered "public record and may not be available to us. This does not minimize the serious nature of the offense. It just means the record is stored in a different place.

Will driving or traffic violations show up on a criminal background check?
No. Traffic violations are not considered criminal offenses. These records are generally filed in municipal (city) offices and are not included in a criminal background check.  You may order an MVR (Driving Record) Report if you know the subject's full name, date of birth and driver's number and state.

If someone has been in a federal prison, does it show up on your reports?
You must request a U.S. Federal District Court Criminal Background Check.  Persons sentenced to a federal prison have been convicted of a violation of the United State Criminal Code - a crime against our government.  A County Criminal Record Search or Statewide Criminal History Search will not reveal information about someone convicted in a Federal District Court.  

Why do you only search seven years back? How can I obtain information further back than that?
Until recently, companies were prohibited from searching more than seven years when conducting a criminal background check.  Many companies have chosen to continue the seven-year search.  Some Courts do not maintain records on their computerized Index after seven-years.  The records are archived either in storage or on microfiche files.  We have chosen to provide a seven-year search since companies and most individuals want results quickly.  You may request a 10-year search, but we can not guarantee the thoroughness or accuracy of records beyond 10 years.

What does Nolle Prossed mean?
Nolle Prossed is from the Latin term "Nolle Prosqui" meaning "We shall no longer prosecute." Basically, it's an admission by the prosecution that there is a lack of evidence to pursue the case. It's also used highly in plea bargains. It's different than a "dismissal" simply because it is the prosecution who elects not to prosecute a criminal case.

What does "Deferred Adjudication" mean?
Adjudication is an agreement between the defendant and the courts to clear the charge from the docket. For this to occur, the defendant has agreed to complete some sort of arrangement, such as a fine, community service, etc. If the defendant fails to hold up their end of the agreement, then he or she will be convicted of the charge and sentenced accordingly. Deferred Adjudication is generally not considered a criminal conviction.

What does "Disposition" mean?
A disposition is the final outcome of a criminal case. 

What does "Sentence" mean?
A sentence is the punishment for the crime. In official terms, it is the judgment formally pronounced by the court or judge upon the defendant after his/her conviction in a criminal court.  The punishment can be in the form of a fine, incarceration or probation.  Depending upon the laws of a state and specific court procedure, a sentence may be decided upon by a judge, jury or sentencing council. The term "sentence" is only used in criminal proceedings. In civil cases, the terms "judgment," "decision," "award," "finding," etc. are used instead.

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