Criminal Record Search Information
There are essentially two reasons for accessing a criminal records history, which is a public record search. The principal reason is for purposes covered under the FCRA act as regulated by the www.ftc.gov. The most commonly accessed FCRA purpose is employment screening. Whenever a public record search is conducted for FCRA purposes, the information returned on a criminal history search is limited. Arrests, without convictions may not be reported past seven years. This includes successfully completed Pre-Trial Intervention (PTI) cases, deferred prosecution, adjudication withheld, and nolle cases. Convictions past seven years may be reported.

When a search is done for non-FCRA purposes, all records may be reported. The only limitation is the vendor utilized as many vendors will only check bach seven years.

We should first address the types of criminal record search products available. They are federal criminal records, state criminal records, county criminal records, and criminal record database searches. There are four types of offenses that may appear. They are: infractions or violations; traffic offenses; misdemeanors; and felonies. The following is information on each criminal record search category.

Infractions
Infractions are minor offenses that fall under violations of city codes and regulations.

Traffic Offenses
These are serious traffic offenses, such as driving under the influence. Minor traffic infractions will not be indicated in the criminal background check.

Criminal Misdemeanor
These offenses usually call for incarceration of one year or less, in a local confinement facility. In many instances, there is no jail time.

Felony Criminal Record
A felony criminal record is considered the most serious. The incarceration period ranges from one year to life. Death penalty sentences fall under this category. Incarceration is completed in a state or federal prison system.

Criminal Record Sources
There are five legal sources of obtaining criminal record information. The most reliable and current method is by accessing the county court jurisdictions. The much desired national search through the National Crime Information Center, NCIC, is available only to law enforcement agencies and agencies that cater to children or the elderly.

FBI NCIC Criminal Check
While this is a much sought background check, there are limitations. Not all felony records are reported to the NCIC, and misdemeanors are seldom reported. Each state determines the severity of felony charges that are reported to the NCIC. As such, many felony convictions are not reported. Quite often, when a NCIC check is required for security clearance, a local or state criminal check is also conducted. For a FBI check on yourself, you can contact the FBI Criminal Justice Information Services Division Liaison office at (304) 625-5590 and choose the option to get a background check. The request should indicate why you are requesting the background check, along with a fingerprint card, if that option is selected, and a check in the amount of US $18, made payable to the US Treasuary. The turnaround time is 20 to 30 days. Requests should be mailed to: FBI, CJIS Division, SCU - MOD D-2, 1000 Custer Hollow Road, Clarksburg, WV 26303.

National Wants and Warrants
This service is only available through the FBI NCIC and is available to law enforcement agencies only. Reputable private sector companies do not offer this service as it is legally inaccessible and in violation of the law. While some states provide warrant searches, a networking of the available states does not constitute a national search.

Legal Criminal Record Sources:

Criminal Record Database
This source provides instant access to millions of criminal records stored in privately owned and maintained databases, effectively providing the closest to a national search. There are only a few companies that actually purchase and maintain criminal databases. These companies primarily sell the data to end users and resellers for purposes covered under the Fair Credit Reporting Act, and to a lesser extent, the general public.

Data obtained through a database is only valid as the update rate of the database and the source of the data. Databases utilize personal identifers. Premium databases will utilize a combination of name, date of birth and SS#, which has the ability to detect a record with an incorrect name. Others will utilize name and date of birth. In accessing a database, it is important to determine when the database was last updated, the time frame covered, and the source of the data - as many databases primarily access Department of Corrections records, which only covers felony records that have been have been supervised by the DOC. Other felonies will not be indicated.

There are advantages in utilizing a database, such as multi-criminal jurisdictions coverage, expedience, and cost. A database search will also often search back many years, uncovering records that would not normally be detected in a conventional search, which usually covers seven years.

There are disadvantages, in that the data is not as timely or as detailed as direct government agency searches. Quite often, additional research is needed at the government level to confirm a criminal record or obtain accurate information.

A database check should be utilized, in conjunction with a government agency check, as a prudent tool to enhance the screening process. It should never be utilized as the primary source of a records check. In selecting a database provider, it is advisable to test the database by submitting known criminal history requests. For information and descriptions of the databases accessed by DetectFraud, click Database 1 or Database 2 or Database 3.

County Criminal Record
A county criminal record check provides the most detailed, timely, and current information. Studies have indicated that the majority of crimes are committed within the perpetrator's county of residence. The primary disadvantage is that the county check will only indicate crimes that have occurred in the specific county. As you may surmise, this may create a problem when there are criminal records in other counties. This problem is reduced when an address search is conducted. We offer the Applicant Verification Report, which provides current and past addresses.

State Criminal Record
Each state has a central repository that houses criminal records from all of the counties within the state. These repositories my be maintained by the state police or through a centralized court system.

Unfortunately, not all states allow access to their information. The primary advantage of accessing information from the state is that it will include records from all of the counties within the state.

There are two disadvantages in obtaining information from the state level. The first is that the records obtained from the state level is not as detailed as that derived from the county level. The second is that the county may not report the criminal record in a timely manner or provide updates. Quite often, additional research is needed at the county level.

For information and descriptions of the state agencies accessed by DetectFraud, click State Source Descriptions.

Department of Corrections
This commonly utilized state-wide source reports on felons whom have been convicted of felonies and state level misdeameanors and have been placed under the supervision of the DOC. The severity of the offenses included in the DOC check varies per state, however serious felonies such as sex crimes, murder and armed robbery, are always reported.

Not all felonies will be indicated in a DOC check. There are instances whereby an individual will be convicted of a felony but will receive probation. If the individual is not placed under the supervision of the DOC, the felony will not be indicated. These excluded felonies are usually of a non-violent nature that does not warrant state supervision.

Federal Criminal Record
A federal criminal record indicates felonies that have been prosecuted by the federal government and fall under federal statutes. These crimes will not be indicated in state and county criminal checks as they are tried in federal courts.

Criminal Record Search Procedures.
The vendor receives a request for a criminal records search and determines what type of release is required - if any, and if the records may be accessed online, by facsimile, or via mail. If not, the vendor sends out the request to the court runner, who in turn must physically travel to the court jurisdiction to access the court file. The court runner, in turn, must be diligent in searching the records.

A federal criminal record search is primarily accessed online. On occasion, it is necessary to visit the district courthouse. Unfortunately, the government system does not provide adequate identifiers, so at times additional research is necessary.

Criminal Record Identifiers
Jurisdictions utilize one or several search identifiers to access criminal records. The identifiers are: name, date of birth, social security number, race, or fingerprints. Many jurisdictions utilize an exact name search only. Others may utilize a combination of the above identifiers. Inaccurate identifiers will yield inaccurate results. The most accurate identifier is a finger print search.

Important Pointers.
Always determime the source of a criminal record search. This will help ensure that you are accessing the source that best suits your needs. It will also assist you in decreasing false results.

Be aware that criminal record search results are not guaranteed. Government agencies will not guarantee results as information is secured by and through fallible human sources. As such, vendors cannot provide a guarantee. Accurate search identifiers and the correct selection of jurisdictions to be searched, will assist in obtaining accurate results.

Under the FCRA, criminal record reports may not report information past seven years, with the exception of convictions. The other exceptions are loans of $150,000 and above and employees who are expected to earn $75,000 and above.

In selecting the court jurisdiction to be searched, it is prudent to determine where the applicant has resided. It is not enough to obtain the individual's resident history from the application, as it is highly unlikely that the applicant will list a jurisdiction where a crime has been committed. A Social Security Trace, predicated on the applicant's paper trail, will provide the jurisdictions to be searched.

We provide the most extensive sources of criminal records available. To view the criminal record search products provided by DetectFraud, click here.

We trust that you will find this information to be of value.

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