Criminal records background
checks
For a fee a criminal
records background check may be requested by any
person on
any individual.
Any open records that have been reported to a
state's criminal records repository may be
released. Pre-employment-screening agencies
designated by statute and authorized under law
may obtain closed records.
Two types of criminal records background
checks may be performed:
1. A name search.
2. A fingerprint search.
A name search will use the individuals full
legal name, date of birth, and Social Security
number. A search of fingerprints will use the
individuals fingerprints to search the automated
fingerprint identification system (AFIS)
database. Fees vary from state to state for each
search.
A criminal background record, investigation will
include both open and closed records. An open
record check will include, pending charges
within 30 days of an arrest, any suspended
imposition of sentencing during probation, and
convictions. The closed record check will
display any arrests after 30 days where no
charges have been filed or reported by the
prosecuting attorney, charges that were not
processed or dismissed, suspended imposition of
sentencing after probation was completed, and
not guilty verdicts. Depending on the state, any
crimes committed while a minor may also be
listed.
Any one wishing to conduct a backgrounds check
on an individual may view open records. Closed
records are available to that individual, the
sentencing advisory commissions, law
enforcement, prosecutors, court personnel,
childcare agencies, the Department of Revenue,
in-home service providers, the Division of
Workers' Compensation, criminal justice
employers, childcare employers, and nursing home
employers. For investigative purposes as
authorized by law or presidential executive
order, federal agencies are allowed to review
closed records.
|
|