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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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