Surprise! You're a crook! Legal advice needed.

CSEAW

Member
Aug 17, 2002
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A friend of mine was gunning for a promotion and pretty much had it in the bag. Our store director needed to do a background check... a mere formality. Well, to my friend's surprise, there are things on his "record" that could very well cost him his promotion. My question is, does everyone have access to their criminal history? Do you have to hire a lawyer for these records? How do you get a copy?
Thanks in advance.
 

bozo1

Diamond Member
May 21, 2001
6,364
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Depends on the state - it's public information in most places and you just have to pay a fee to get it.
 
Jan 31, 2002
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Originally posted by: littleprince
Dejavu? Or I couldve swore a thread with this title was just locked?

Both. But that thread was empty neffing. :p

I'd think that a person should be able to view their own criminal history ... but they should also know it already considering they're the one responsible for having all of said incidents tagged on it.
rolleye.gif


- M4H
 

XZeroII

Lifer
Jun 30, 2001
12,572
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Basically, it's supposed to be free. But if you go to the courthouse or something, they will charge you to make copies of it at an obscene rate. The same goes for your medical history.
 

Armitage

Banned
Feb 23, 2001
8,086
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Originally posted by: MercenaryForHire
Originally posted by: littleprince
Dejavu? Or I couldve swore a thread with this title was just locked?

Both. But that thread was empty neffing. :p

I'd think that a person should be able to view their own criminal history ... but they should also know it already considering they're the one responsible for having all of said incidents tagged on it.
rolleye.gif


- M4H

If those records are like most records though, there is a good chance that record != reality ... have a look at your credit report sometime.
If I were in that situation, I'd certainly want to see them myself.
 

conjur

No Lifer
Jun 7, 2001
58,686
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Originally posted by: MercenaryForHire
Originally posted by: littleprince
Dejavu? Or I couldve swore a thread with this title was just locked?

Both. But that thread was empty neffing. :p
Bite thy tongue! No such thing as an empty nef!

I'd think that a person should be able to view their own criminal history ... but they should also know it already considering they're the one responsible for having all of said incidents tagged on it.
rolleye.gif


- M4H
Unless something was put on someone's record accidentally...false identity thing...like a bad entry on a credit report?
 

tcsenter

Lifer
Sep 7, 2001
18,949
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Your criminal history is public information, no matter the state, unless it was sealed because you were a minor or something. The problem is, in many states, no central government entity is obligated to provide your entire criminal history to you. You could request it in writing from the records bureau of your State Police and send along a $30 check for record keeping/research/copying fees. The worse they can say is no and return your check.

The only government entity that is obligated to provide it to you is the records division of the court district in which your criminal case was filed. However, they are only obligated to provide you with any criminal cases that were filed in that jurisdiction. If you have other cases elsewhere, you'll have to go to the court system in which the case was filed to get those.

Public agencies/departments filling FOIA and public record requests can charge a reasonable record keeping/research/copying fee in most states.

You can also try one of those background check/public information services for between $30 - $60. Like 800USSearch.com
 

CSEAW

Member
Aug 17, 2002
32
0
0
Q]
I'd think that a person should be able to view their own criminal history ... but they should also know it already considering they're the one responsible for having all of said incidents tagged on it.
rolleye.gif


- M4H[/quote]

Is it that simple? If you are accused of a crime and the charges are dropped or a jury finds you innocent, does the fact that you were even accused show up on your criminal history?

Thanks for all the fast and helpful (mostly) advice.
 

tcsenter

Lifer
Sep 7, 2001
18,949
575
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Is it that simple? If you are accused of a crime and the charges are dropped or a jury finds you innocent, does the fact that you were even accused show up on your criminal history?
It depends on how deep your employer wants to dig and how much he wants to pay.

For public information requests such as employment screening, typically everything will show up except your arrests. If you were tried and acquitted, it will show up, since being acquitted does not "erase" all record of your trial. It simply adds the disposition or outcome of your case.

Also, depending on the information/research service your employer uses, they may only go back 10 years. So if the employer wants your life story, he may have to pay a lot more to get it. Many employers feel that if you've been 'clean' for the previous ten years, that is good enough for them, since it is generally true that those with serious character flaws that would bring them into conflict with the law seem to get themselves into trouble more often than once in every ten years.

Arrest records are typically not public information and are for law enforcement purposes only, though there are exceptions.

In many states, it is a prohibited employment practice to inquire whether an applicant has ever been arrested, since lots of people are arrested but never even charged with a crime. Exceptions are positions related to security matters, such as law enforcement, certain banking positions, positions of high responsibility, etc.
 

Noid

Platinum Member
Sep 20, 2000
2,404
198
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Criminal record is NOT public information in Illinois.

A person requesting info on someone has to get consent from the person being investigated.

On the other hand ... you could get any info legally, through a PI.
(who usually has contacts within state/local government agencies)

They were able to get that info because he probably signed an agreement on the date of hire that gives the employer the right to ask for such inforamtion.
(the fine print ... or that paper that your dont read entirely ... and just sign to get the job)

That makes it legal.

It also gives the Employer the right to refuse you employment if you dont sign thier papers.

Catch 22.