CRIMINAL BACKGROUND SEARCHES

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Many times Legal Professionals are required to perform various types of research assignments dealing with getting background information on an individual. Whether it is to get information on an adversary or for due diligence purposes or even before taking on a new client, background checks are becoming more and more important.  No matter what the reason, you should be aware of the facts in obtaining a criminal background history. 

Where are the criminal records kept?

Most of the information is found in public records, which are documents located in courthouses, clerks' offices and other agencies which can be legally attained by merely visiting that place and paying a fee. Some types of records that are readily available to the public are death and divorce records, deeds to homes and incorporation documents. Some records that also can be obtained this way are criminal records as well. The best way to determine if a person was convicted of a crime is to visit the courthouse and search their records. 

There are thousands of indexes, files and people who make there way in and out of the legal system. Plus, there are hundreds of courts, all at different levels, in every state of the country. Unfortunately, there is no single system available to the public which can search them all at the same time. You basically have to determine where to look and whether or not it’s worth him/her to go to the courthouse to conduct the research. There is one nationwide criminal database, which gives immediate access to an individual’s criminal history, but this is only available to the FBI. The National Crime Information Center (NCIC) cannot be accessed by anyone other than law enforcement officials. 

How do I Know Where to Look?

If you do find yourself having to go to court to conduct a criminal background search, then it is recommended to first determine where the crime was committed, the exact name of the subject and the exact date of birth. All the criminal courts index criminal convictions using this data. Knowing where the crime was committed, will give you an idea of what court to check. This may cut down the number of courthouses you must visit to find the records you need. A method of figuring out where the potential record exists uses the individuals’ address as a start. A criminal usually performs his illegal action in the state and possibly the county in which he/she lives. Also a news search can reveal some coverage of a crime involving your subject. These are just two methods a Paralegal can employ to determine where to look for criminal records.

Why do I need the exact name of the person?

The reason you need the exact name of the individual and date of birth is to differentiate between people with similar names. Many times people have aliases or AKAs or the spelling may be off. By using both the name and date of birth, the researcher can better identify the individual.

What if the person lives out of state?

Some courts offer this information for a fee and some can be contacted via the telephone or letter and data can be mailed to the Paralegal. These methods are usually unreliable and very slow. And imagine sending a Paralegal across the country just to hunt for criminal records? Since this type of research isn't really an efficient use of a Paralegal’s time, there are services which will do this for a fee. There are various public record companies which are accessed via your computer in your office.

Is there an easier way to get these records? 

Yes, sometimes all it takes is a telephone call or the request can be made over the computer.  You no longer have to visit the actual courthouses to get the information you seek. Instead, there are companies that do this for you, but it takes time and costs some dollars, but sometimes this is the best way to go. CDBinfotek, Autotrack, Publicdata, KnowX, Openonline, Recordsbureau and Knowthefacts are some such companies that can assist you in obtaining criminal background histories.  If all else fails, call a private investigator.