How to Obtain Criminal Checks
May 4, 2012 | in Background Check
County/ State and Federal Criminal Records:
Searching for criminal records in the US can be time consuming. The most comprehensive criminal record search is the FBI fingerprint based search.
Absent of an occupational license or statutory requirement, most household workers are not required to submit to a fingerprint FBI criminal record check.
The next best search is the on-site criminal court house search. Any pre-employment company that does a significant amount of annual volume will
employ local researchers or vendors that are capable of searching over 3400 US courts. An excellent reference for the do-it yourselfer or nanny agency is BRB publications
“Record Retrievers” or the Sourcebook to Public Records:
Another option is to search online records. Go directly to the county website and check to see if they have online access to criminal records.
Use caution with this type of searching as the site may be outdated or may not be updated on a regular basis.
Also, most county sites only provide a docket sheet with no access to actual and full case file. This is why it is important to have a records
retriever directly to the courthouse and pull the entire file.The publisher of the above two books maintains an excellent source of county/federal
courthouse links on their website BRB pub. Go to BRB.
Statewide Criminal Records
Of the 50 states and DC, 40 states do offer searches of their repositories, however there are severe limitations, some require a specific form or notary.
Cross Reference Chart for Statewide Criminal Conviction History Turn-around includes approx. time between request and return |
|||
State | Input Required | Turnaround | |
---|---|---|---|
Alabama | Name, DOB | 1 – 2 days | |
Alaska | Name, DOB | 1 week | |
Arizona | not available | ||
Arkansas | Name, DOB, SSN, Specific release | 2 – 3 weeks | |
California | not available | ||
Colorado | Name, DOB, SSN | 2 days | |
Connecticut | Name, DOB | 2 – 3 days | |
Delaware | Name, DOB, SSN | 2 – 3 days | |
District of Columbia | not available | ||
Florida | Name, DOB | 2 – 3 days | |
Georgia | Name, DOB (required); SSN, Race, Sex | (if available) | 2 – 3 days |
Hawaii | Name, DOB | 1 – 2 days | |
Idaho | Name, DOB, Specific Release | 1 – 2 weeks | |
Illinois | Name, DOB, Race/Sex | 2 – 3 days/4 – 6 weeks * | |
Indiana | Name, DOB | 3 days | |
Iowa | Name, DOB, Sex | 1 week | |
Kansas | Name, DOB, SSN | Name, DOB, SSN | |
Kentucky | Name, DOB, SSN, Address | 2 – 3 days | |
Louisiana | not available | ||
Maine | Name, DOB | 1 – 2 days | |
Maryland | not available | ||
Massachusetts | Name, DOB, SSN | 3 weeks | |
Michigan | Name, DOB, SSN | 2 – 3 days | |
Minnesota | Name, DOB | 3 days | |
Mississippi | Name, DOB, SSN | 3 days | |
Missouri | Name, DOB, SSN | 3 days | |
Montana | Name, DOB, SSN | 2 weeks | |
Nebraska | Name, DOB, SSN | 2 weeks | |
Nevada | not available | ||
New Hampshire | Name, DOB, SSN, Notarized release | 2 weeks | |
New Jersey | Name, DOB | 2 – 3 days | |
New Mexico | Name, DOB, SSN | 1 – 2 days | |
New York | Name, DOB | 2 days | |
North Carolina | Name, DOB | 2 days | |
North Dakota | Name, DOB, SSN, Release, Address | 2 weeks | |
Ohio | not available | ||
Oklahoma | Name, DOB, SSN | 2 days | |
Oregon | Name, DOB | 2 – 4 days | |
Pennsylvania | Name, DOB, SSN | 2 days/2 – 3 weeks * | |
Rhode Island | Name, DOB, SSN | 2 days | |
South Carolina | Name, DOB | 2 days | |
South Dakota | Name, DOB | 1 week | |
Tennessee | Name, DOB | 5 – 7 days | |
Texas | Name, DOB | 2 – 3 days | |
Utah | not available | ||
Vermont | not available | ||
Virginia | Name, DOB, SSN, Original notarized state release | 15 – 17 days | |
Washington | Name, DOB | 2 days | |
West Virginia | not available | ||
Wisconsin | Name, DOB | 2 – 3 days | |
Wyoming | not available |
For further statewide caveats, see BRB article http://www.brbpub.com/articles/crimsurveymay2006.pdf
California employers may be able to submit their applicant through a government operated system named Trustline. See Trustline for more information.
New York Applicants are required to go through the states NYOCA for criminal records.
Direct access to the OCA requires a certain amount of volume so a casual user may have to search this source through pre-employment
screening agency that has an account in OCA. As of 01-1-2011 the cost/search is $65.00.
The search includes 62 NY counties. http://www.courts.state.ny.us/admin/oca.shtml
When a county has to be searched via on-site it is best to go through a record researcher or company that searches these records.
Most screening firms use both record retrievers and employees to search the courts.
Federal District Courts:
Most of this data may be accessed via the governments Pacer system. However, it is recommended to use a record retriever to access these records to ensure accuracy and the information is current.
For new users the system may take some time getting used to as there is a slight learning curve.
Records are federal district only which include criminal, civil, appellate and bankruptcy.
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