|Click to enlarge|
If Your Investigative Practice Involves The Use Of Accessing And Reporting Criminal Records To Your Clients, Then This Rare 2004 Manual Is Essential To You And Your Investigative Practice!
Criminal records are the number one records request for private investigations and screening processing. Knowing how to access them and the various federal and state laws that apply to their access and reporting is essential in the practice of private investigation. This manual makes you a walking expert on accessing and using criminal records in your private investigations and is MUST HAVE material for any investigator in practice.
The Criminal Records Manual is a comprehensive compendium clarifying the access and legal use of all U.S. criminal records. Includes citations and explanations of all state statutes involving criminal record use by employers and employment screening firms. Extensive attention to compliance with FCRA and other Federal Regulations. Extensive profiles of state agencies, statewide court databases and sexual offender record access. A must for all employment screening firms.
Where and How to Access Criminal Records
· Within the local state and federal court systems
· At state agencies and central repositories
· Online access to criminal information
· Incarceration and sexual offender records
Know the Employer and Vendor Compliance Guidelines
· Restrictive vs. permissive states
· How to abide by the FCRA mandates
· Keep in compliance with Title VII
· Rules and restrictions state-by-state
Practical “Hands-On” information
· Advice when obtaining criminal records yourself
· How to select criminal record vendors
· How to deal with privacy issues
Table Of Contents
SECTION ONE: Essential Starting Points
What Do You Really Know About Criminal Records
· Why All The Attention To Criminal Records
Criminal records are public-Most prominent criminal records users-
Test your criminal records quotient criminal records quiz
· Why Employers Should Use Criminal Records
Negligent hiring doctrine - Workplace violence- Workplace theft- When it is required by law- About state mandated regulations
· Privacy Issues With Criminal Records
Debate over the use of criminal records-Using personal identifiers to find criminal records- Victimless and non-violent crime
SECTION TWO: Criminal Records Sources And Access
· Essential Criminal Records Terminology
Felonies and misdemeanors- With or without a disposition- Distinction between pubic and non-public criminal records- Significant criminal record phrases
· Criminal Records At The County Level
Statewide court structure begins at the county, How courts maintain records- court computerization- searching state courts online- court records search tips.
· Criminal Records At The State Level
The state central repository- non-uniformity of state systems- State statutory provisions for access to FBI records-State interstate dissemination policies.
· Criminal Records At The Federal Level
Federal criminal records and the U.S. District Courts- How U.S. district courts maintain records- recent restrictions imposes to electronically accessed criminal documents- Other federal criminal records trends- The FBI NCIC database- national crime prevention and privacy compact- Access to NCIC for non-criminal justice purposes- When non-criminal justice agencies are granted access to FBI records-the fingerprint dilemma.
· Other Important Criminal Offender Records
Incarceration records- parole records - probation records- state sexual offender records- federal fugitives peso- military criminal records.
SECTION 3: Guidelines To Accessing And Using Criminal Records
· Advise When Obtaining Criminal Records Yourself
Know thy repositories- State versus county searching- Myth of public records and the internet- Using the freedom Of Information Act and other acts.
· Advise When Using A Criminal Records Vendor
Advent of the criminal records vendor- Types of vendors and services offered- Benefits of service vendors - Ancillary tools that criminal records vendor provide - Where to find a vendor - How to choose the best vendor for you.
· Evaluating Your Records Request Process
Identification issues - Asking for the date of birth - Importance of proper documentation - Sample criminal records release form - Pros and cons of using misdemeanor records.
· Compliance With The Fair Credit Reporting Act
FCRA and employers - overview of the FCRA Act - Sword and the shield - Primary effects of the FCRA on employers using a vendor to obtain criminal records - FCRA restrictions on reporting arrest information - Using aged public records for employment purposes.
· Federal FCRA Interrelation With State FCRAs
What do federal and state Interrelations have to do with ordering criminal records? When in conflict - Which law federal or state - pre-empt's the other? - Summary of FCRA and state law interrelations - Good news for users.
· Title VII And Using Criminal Records
Criminal records and bias employment practices- What are the EEOC's Guidelines - four important EEOC notices.
· State Restrictions On Record Use By Employers
States that prohibit the use of arrest records (i.e. non-conviction records) - States that prohibit the use of misdemeanor convictions - States that prohibit the use of expunged or sealed records - States that limit the use of first offense records - State that restrict the use of arrest records based on time periods - States that limit record access to employers within certain industries - Legal concerns versus gut reactions- If you get into trouble.
SECTION 4: Government Agency Profiles
· State Profiles And Contact Info
Detail pages for each state including access requirements, restrictions, fees, online modes of access, policies and procedures, analysis of county courts for each state, statewide court systems, profiles for obtaining records from state prisons, state sexual offender registries and how to access them.
· US District Court Access
How to access federal records by mail and phone. Online access to records- PACER access- US party/case index - CM/ECF-case management/electronic location of the U.S. District Courts.
SECTION FIVE: Appendix
· State Charts
· Fair Credit reporting Act Summaries
· Title VII EEOC Notices
· Common Criminal Records Terms
· Common Criminal records Abbreviations
· Quick Find Index