Difference between revisions of "Find a Criminal Record"

A criminal record (a.k.a., a rap sheet) is a record of someone's criminal history.<ref name="rf1">http://www.dmv.org/criminal-records.php</ref> Someone's criminal record is usually a culmination of local, state, and federal information.<ref name="rf1" /> Criminal records will usually include misdemeanor and felony convictions, pending charges, acquitted charges, and any ongoing criminal proceedings.<ref name="rf1" /> However, expunged convictions will usually not be included in any criminal record.<ref name="rf1" /> Common uses for criminal records include: employment, school admittance, military service, security clearance, buying a firearm, certain types of licensing, and law enforcement purposes.<ref name="rf1" /> If you need to access criminal records for a lawful purpose, follow the instructions below.

#Understand who can request a Federal Bureau of Investigation (FBI) Identity History Summary. Obtaining federal criminal records involves accessing the FBI website and requesting a copy of your Identity History Summary, which is the FBI's name for a criminal history report.<ref name="rf2">https://www.fbi.gov/about-us/cjis/identity-history-summary-checks</ref> The FBI only allows you to request a copy of your own Identity History Summary, meaning you will not be able to look up someone else's federal criminal records through the FBI's database.<ref name="rf2" />

#* Your signature.<ref name="rf3">https://forms.fbi.gov/identity-history-summary-checks-review/q384893984839334.pdf</ref>

#Obtain a set of your fingerprints. Once you have completed your Applicant Information Form, you will need to get your fingerprints taken and the original copy of your fingerprints must be sent in with the rest of your application.<ref name="rf4">https://www.fbi.gov/services/cjis/identity-history-summary-checks</ref> To obtain your fingerprints, go to your local law enforcement agency or sheriff's office and they should have a fingerprint technician available.<ref name="rf4" /> The fingerprint technician will have a fingerprint card available and your name and date of birth must be provided on that card.<ref name="rf4" />

#* To ensure a satisfactory experience, bring a [https://www.fbi.gov/file-repository/standard-fingerprint-form-fd-258-1.pdf/view standard fingerprint form (FD-258)] with you when you go to get your fingerprints taken.<ref name="rf5">https://www.fbi.gov/about-us/cjis/identity-history-summary-checks/submitting-an-identity-history-summary-request-to-the-fbi</ref>

#Submit your required payment. In order to receive a copy of your criminal records, you must provide an $18 payment in the form of a certified check, money order, or a credit card.<ref name="rf3" /> Cash, personal checks, and business checks will not be accepted.<ref name="rf3" />

#Review the Identity History Summary Request Checklist. In order to ensure you have completed all the required information and you are ready to send in your application, review this [https://www.fbi.gov/about-us/cjis/identity-history-summary-checks/identity-history-summary-request-checklist-1 checklist].<ref name="rf5" /> Once you are able to cross off all of the boxes on the checklist, you will be ready to send in your application.

#Mail the required items. When you are ready to mail in your application, gather your Applicant Information Form, your completed fingerprint card, and your payment.<ref name="rf3" /> Mail all of those documents to FBI CJIS Division - Summary Request, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306.

#Check federal courthouses. When someone is arrested and/or convicted of a federal crime, it is a public event and records of that event can usually be accessed by anyone that knows where to look.<ref name="rf6">http://www.nolo.com/legal-encyclopedia/question-criminal-record-check-another-person-28151.html</ref> The most reliable place for you to access someone else's federal criminal records is at the federal courthouse where that person was tried.<ref name="rf7">https://www.expungecenter.com/finding-federal-arrest-records-effective-tools-resources/</ref>

#Use online services to obtain information. The federal government provides certain online services that you can use to access public criminal records. Two of the most important government services are the Public Access to Court Electronic Records (PACER) site and the National Sex Offender Public Website (NSOPW).<ref name="rf7" />

#* The [https://www.pacer.gov/ PACER site] is a federal database that allows users to access docket information from federal courts.<ref name="rf8">https://www.pacer.gov/</ref> Once you register, you will use the information you have about the individual to search for their court records.<ref name="rf7" /> Be aware that this service is not free and you may have to pay certain fees to access, download, and print the records you are looking for.<ref name="rf7" />

#* The [http://www.nsopw.gov/?AspxAutoDetectCookieSupport=1 NSOPW site] is a federal database that provides detailed information about people arrested and convicted for sex crimes.<ref name="rf7" /> To use this site, simply go to the [http://www.nsopw.gov/?AspxAutoDetectCookieSupport=1 homepage] and click on the button that says "search." Once you agree to the terms of use, a screen will appear that allows you to make searches based on name, address radius, or zip code.<ref name="rf9">http://www.nsopw.gov/en/Search</ref> Input this information and search results will appear.

#Conduct a search online for mugshots. Another way to find federal criminal records is to perform an online search for mugshots.<ref name="rf7" /> All you need to do is open Google, or any other search engine you wish to use, and type in a person's name with the word "mugshot" after it.<ref name="rf7" /> The search engine will provide you with the most relevant information.<ref name="rf7" /> Be aware that this method is not fool proof and should only be used when the other methods mentioned do not provide your desired results.

#* You can always access your own criminal records.<ref name="rf1" />

#* Consent is usually required before someone else can access your criminal records.<ref name="rf1" /> Common situations in which an individual may ask for your criminal records include purchasing a gun from a firearms dealer; private school applications; and applications for jobs.<ref name="rf1" /> For example, a prospective employer may ask you to consent to a criminal history check on their employment application.<ref name="rf10">http://smallbusiness.findlaw.com/employment-law-and-human-resources/performing-an-employee-background-check.html</ref> While you can certainly deny that request, the employer may see this as a deal breaker and decide to pursue someone else.

#* However, depending on the state you live in, some criminal records will be public and no consent will be needed for access.<ref name="rf1" /> For example, in Montana, the public can receive arrest and court information on felony and misdemeanor charges.<ref name="rf11">https://dojmt.gov/enforcement/background-checks/</ref> Also, in every state, the general public can obtain certain information about a person's sex crimes.<ref name="rf1" />

#Go to your local or state police department. if you are looking for local or state criminal records, you will want to start your search by visiting your local or state police department.<ref name="rf12">http://travel.state.gov/content/passports/english/abroad/legal-matters/criminal-record-check.html</ref> Police departments will usually have records of all criminal activity having taken place in their jurisdiction. Some police departments may require you to make a request in person, while other departments may allow you to make a request over the phone or even online.<ref name="rf12" /><ref name="rf13">http://www.psp.pa.gov/Pages/Request-a-Criminal-History-Record.aspx#.VYwya-fwM-8</ref>

#* For example, in Pennsylvania, you can make an online request for criminal records by accessing their [https://epatch.state.pa.us/Home.jsp Pennsylvania Access to Criminal History] website.<ref name="rf13" /> Once you access the site, you will start a new records request and follow the on-screen instructions.<ref name="rf14">https://epatch.state.pa.us/Home.jsp</ref> You will be asked to provide the name and address of the person whose records you are requesting, and you will be asked to provide a reason for the request.<ref name="rf15">https://epatch.state.pa.us/NewRecordCheckAction.do?action=new</ref> Once you have provided the required information, you will be required to pay $10 for each request you make.<ref name="rf15" /> Once you have paid your request will be processed, which usually takes between two and three weeks.<ref name="rf14" />

#Check with your local or state clerk of courts. Another place you can look for criminal history records is your local courthouse, which will usually have records regarding ongoing criminal cases.<ref name="rf1" /> These records may include criminal charges, indictments, court filings, and case numbers. To search for these criminal records, go to your local courthouse and ask for help obtaining these records. Each courthouse will conduct these searches differently. Some counties may allow you to search for these records online.

#* For example, Miami-Dade County, Florida allows you to search for cases taking place, or having taken place, in that county.<ref name="rf16">https://www2.miami-dadeclerk.com/cjis/?AspxAutoDetectCookieSupport=1</ref> In order to search for a case, you will need to know the case number.<ref name="rf17">https://www2.miami-dadeclerk.com/cjis/CaseSearch.aspx#</ref>

#Submit a public records request. Each state has a law allowing citizens to request public records.<ref name="rf18">http://www.foiadvocates.com/records.html</ref> Any public criminal record that is in your state's database will be searchable and obtainable. In order to access these records, you will need to make a public records request, which involves writing a letter or email to the correct agency detailing the records you are looking for.<ref name="rf19">http://www.nfoic.org/state-sample-foia-request-letters</ref> Each state's public records request laws are different, so be sure to check with your state in order to make a valid request.<ref name="rf18" />

#* Look [http://www.foiadvocates.com/records.html here] for your state's public records laws. Once at the website, simply click on the state you are trying to make a request in, and you will gain access to that state's laws and requirements.<ref name="rf18" />

#* You must get written permission from the employee or applicant.<ref name="rf20">http://www.theladders.com/career-advice/employment-background-checks-your-rights</ref>  

#Research your state law. State law may add other limitations on the use of a criminal background check in employment decisions. Accordingly, you need to read up on your state law or seek the counsel of an employment attorney.<ref name="rf21">http://www.shrm.org/templatestools/hrqa/pages/askingaboutarrestsandconvictions.aspx</ref>

#* Some states prohibit the use of criminal records. Hawaii, for example, prohibits any inquiry into criminal history until after the employer has extended a conditional offer.<ref name="rf22">http://www.faegrebd.com/12288</ref> Massachusetts also prohibits employers from even asking about criminal history on an initial job application.<ref name="rf23"> http://www.faegrebd.com/12288</ref>

#* The use of an applicant’s credit history may also be limited or prohibited. In Illinois, for example, an employer may not use information about credit history in a hiring decision, unless the applicant has applied for a job in a limited set of industries (such as banking or insurance).<ref name="rf22" />

#* To find CRAs, visit the National Association of Professional Background Screeners [https://www.napbs.com/ website]. This organization accredits agencies who pledge to abide by a published code of conduct.<ref name="rf24">https://www.napbs.com/accreditation/Code_of_Conduct.pdf</ref>

#Make a hiring decision. If a consumer report contains information that dissuades you from hiring a person, you must inform the applicant of this fact.<ref name="rf20" /> You must notify the applicant so that he or she can challenge the information, if necessary. To discharge your duties, you must:

#* Provide the applicant with an opportunity to rebut the information in the report.<ref name="rf22" /> This rebuttal can be in the form of a letter outlining why the background check is wrong.