Background Investigations

How To Look Up Criminal Records

Understanding how to look up criminal records is not as simple as one would think, but we’ve broken it down into a couple of simple steps.

Keep in mind here that there are lots of “free” or “cheap” criminal record databases out there, but has we have pointed out in the past online background check services are not what you think. They miss critical issues. So if you are looking for “free” or “cheap” criminal records to add a piece of paper to your file, you might want to look elsewhere.

But if you want to know how to dig deep and find criminal records the right way, you’ve come to the right place.

There are several critical pieces of information you need to know about the person you are going to look up criminal records on prior to commencing a search:

Full name and date of birth, preferably from an official source of identification. While this seems simplistic, it’s critical to have accurate information, as most criminal record searches must have an exact match of name and date of birth.
Addresses where the person has resided and/or worked. The addresses are critical, as you need to know which counties or states the person has resided in. This information can be obtained from investigative databases that have credit header information. If possible, you can simply ask the person where he or she has resided or have them fill out a form; however, if he or she is trying to hide something, the answers may not be completely truthful.

Here is how to to look up criminal records in a couple of simple steps:

1Search the local court jurisdictions

The single most important thing that you need to do is to determine which county the person is residing in so that you can search the local court in that state. Be wary though, as most counties have separate courts for serious criminal offenses and for more minor offenses, and “minor offenses” in some states consist of up to six months in jail.

Some counties have put the information online, but many jurisdictions have not. In cases where you can’t get the information online, you can hire a court retriever in the local jurisdiction to search the records (check out BRB’s public retriever network) or call the court directly (sometimes they will help you over the phone).

2Search the state criminal record repository

Many states have a central criminal record repository where criminal records from the state’s various jurisdictions are aggregated in a state agency database. For example, you look up criminal records on someone through the New Jersey State Police, although there are restrictions on who can run the search. (New Jersey-licensed private investigators can.)

Although it’s convenient to search an entire state in one shot, there have been many stories of inaccurate information in these databases, so be wary of using this as a primary source of information.

3Search federal criminal records

Most people think of criminal records – including those for drug possession, driving while intoxicated, or assault and battery – as state matters. However, there are a number of federal statutes that can result in someone facing criminal charges, especially with white-collar matters.

The simplest way to look up federal criminal records is to search Pacer, a federal repository for all federal lawsuits. There are many other databases – including Courtlink – that can search federal criminal cases. It’s always a good idea to use multiple sources for each search, as one database may have information that another does not.

4Search nationwide repositories

As we have discussed in previous posts, it’s not wise to rely on nationwide criminal background check repositories as a sole source of information. However, they can come in handy when you are trying to find criminal records in a jurisdiction where the person may have been arrested that is outside the ones you are searching.

The one we recommend is SearchSystems.net, which reportedly has more than 400 million records. What we like most about SearchSystems is the transparency of what is covered in the database, unlike most other databases you see.

Important Things to Consider

There is no one central repository for searching criminal records, despite claims to the contrary.
Always use multiple sources to look up criminal records, even if there is an overlap in coverage.
Read the fine print! Always know what information is contained in a database, government repository, or court computer – the information you get is only as good as what is contained in the results.
Always determine the dates that are covered in whatever you are searching. If the person you are looking into lived in a jurisdiction 15 years ago but the database covers only 10 years, you’ve got a problem.
If you find a serious issue, retrieve the documents to confirm that (a) the information matches the person you are investigating and (b) you get the facts about the case.
Going straight to the source (the court) is the best thing you can possibly do to conduct a criminal background check.

April 16, 2012/4 Comments/by Brian Willingham

Background Investigations

Who Should You Trust? 11 Types of People to Be Wary Of

From birth, we have implicit trust in just about everything and everyone we encounter.

As we become adolescents, we are told not to trust strangers, especially the ones with candy.

By the time you are an adult, trust is no longer implicit; you have to earn it.

Below I’ve compiled a list of people you should be wary of based on my own professional and personal experiences (your mileage may vary).

People who like to talk about themselves…endlessly
Anyone who has tried to get you involved with something that sounds too good to be true
People who are ”desperate” to be your friend
People who don’t have a lot of friends (since they’ve likely pissed them all off)
People who expect something in return for a good deed
Secretive people
Self-promoters
People who don’t listen
People who tell lies….even the white-lies
Those who have a “brilliant idea” every other week
Extremely polite people…or complete a-holes

Who is left? What types of people are you wary of? Let us know in the comments section.

April 5, 2012/3 Comments/by Brian Willingham

Background Investigations

The Difference Between Inmate Records and Criminal Records

One big misconception that I hear frequently is that a search of inmate records is the same thing as conducting a criminal record search. They are not the same thing. Not even remotely close.

In most states, you can search for current or former inmates who have served in state penitentiaries. (Note: County and local inmates are typically not included.) The federal government also has a tool to search federal inmate records for people who are currently serving federal prison time or individuals who have served prison time in the past.

While this can be a quick and easy tool to determine if someone has served jail time, just because a person does not appear on the inmate list does not mean that the person has not been charged or even convicted of a crime.

According to the Department of Justice, there were 2.3 million prisoners in jail as of 2010. In contrast, there were 100 million criminal cases filed in state courts in 2009 and 78,000 criminal cases filed in federal court in 2010.

Some simple math tells you that only a small fraction of people who were charged with criminal offenses end up serving jail time.

Some of the reasons for the disparity are simple. Most people don’t serve jail time for many criminal offenses. Some people may have been charged (and even convicted of crimes) but never served jail time. Others simply were acquitted, not sentenced to jail, served probation or are no longer on the inmate locator website (for example, New York removes nonviolent offenders from its website after five years).

So the next time you hear that an inmate search is the equivalent of a criminal record search, be very skeptical.

March 28, 2012/by Brian Willingham

Background Investigations

How to Conduct a Background Check Like the FBI

The Federal Bureau of Investigation released a background check report on Steve Jobs from 1991 when Jobs was being considered for a position in George H.W. Bush’s administration. Aside from a few comments about “his personal life being lacking due to his narcissism and shallowness,” there were not a whole lot of surprises in the 191 pages, other than the fact that he did some drugs in the 1970s (who didn’t?), he was neglecting his daughter born out of wedlock and was involved in a few lawsuits.

What may be surprising to some folks is the degree to which the FBI used “open sources,” or public records, in the course of the investigation. While the FBI did access sources only available to law enforcement officials (i.e., NCIC), the majority of the report is filled with public record checks, including checks of civil and criminal indices, verification of high school and college degrees, review and analysis of court documents, and interviews.

Today a background check of this depth and nature by a private investigative firm would cost upwards of several hundred thousand dollars, but it can be done.

Here are some interesting tips to take from the Jobs report:

Questionnaire – Jobs filled out a 12-page questionnaire, providing his address history, school history, detailed employment history, familial history, “police record,” litigation history and medical record, among other things. If you are hiring an executive for your company or a board member or even considering making an investment with someone, why not ask the person to fill out a background check questionnaire? Asking someone to fill out a medical record questionnaire is completely off-limits due to privacy restrictions, but asking some basic questions may not be.

Signed Release – People watch too much TV and think that the FBI has a dossier on everyone and can instantaneously access everything about you. They can’t. Even the Federal Bureau of Investigation required a signed release from Jobs to access information about him, including his credit report.

Review Court Records – In addition to retrieving and reviewing litigation that Jobs disclosed on the questionnaire, the FBI reviewed and retrieved civil and criminal indices in the counties and states where Jobs had resided. The report indicates that they checked records at the courthouses in the California counties of Santa Clara and San Mateo, where Jobs lived. As we have previously discussed on this site, even in the digital age, going straight to the courts is the single most important thing you can possibly do to find civil lawsuits and criminal records.

Interviews, Interviews, Interviews – Although public records can provide an enormous amount of detail about a person’s past, “human intelligence” can provide some information that you may not get elsewhere. Through the more than 15 interviews with former business associates, employees and other persons knowledgeable about Jobs, they found that he “experimented with various drugs” and was “strong willed, stubborn, hardworking and driven, which they believe is why he’s so successful.” One thing you will notice: The FBI didn’t interview “references” that he provided; they went out and sought independent references.

Financial Means – One focus of the FBI’s inquiry was to determine if Jobs “lives within his financial means.” As we have pointed out at various times on this site, living beyond one’s means is a major red flag of potential illegal activity. While the FBI conducted interviews to determine Jobs’ financial means, you can also check public sources to identify houses, boats and cars or social media to identify expensive jewelry, vacations or art.

Fill in the Blanks – Another focus of the FBI was to “account for” the last ten years of Jobs’ life. Understanding where the person lived and worked and what he did for any given period of time can find holes, inconsistencies and misrepresentations that need to be vetted. For example, if a previous employer is missing, where was he employed? If there is a gap in address history, where did he live? These questions can lead to employers that fell off of a resume for a good reason or even disclose a stint in a mental institution or jail.

Of course the FBI has access to information that the public does not, but even the FBI relies on openly available sources to conduct background checks at the highest level of the government.

So how do you conduct a background check like the FBI does?

All you need is several hundred thousand dollars. Bank account and routing number available upon request….

February 20, 2012/2 Comments/by Brian Willingham

Background Investigations

Four Steps to a Comprehensive Criminal Record Search

There are many ways to conduct a criminal record search, but conducting a truly comprehensive criminal record search is an involved process.

Most organizations don’t conduct a comprehensive criminal record search because the results are not instantaneous (despite what others may claim, “comprehensive” and “instant” usually don’t belong in the same sentence), and the cost can be prohibitive because multiple sources must be searched manually.

As discussed in prior posts, a search through NCIC is the best way to conduct a true nationwide criminal record search, but this information is not available to the public.

We have broken down the way to conduct a comprehensive criminal record search into four simple steps.

If you want more in-depth information, we encourage you to read How to Conduct a Criminal Background Check Like an Expert.

1) Conduct a search on the person’s name in state and local courts in the counties where the person has lived or worked.

Once you have determined which counties the person has lived in, you can send someone to the local courthouse. Every state and county differs in what is available at the county courthouse, so it’s important to understand what types of records would be included in the search. For example, there may be local town or justice courts that handle infractions or misdemeanors.

2) Search the agency that maintains the statewide criminal history databases for states where the person has lived or worked.

While county court searches are the most effective way to find criminal records in a local jurisdiction, you may find that a person has been arrested in a neighboring county. While not every state has a centralized database maintained by an official state agency, many states do. The benefit is that you are using an official repository run by the state; however, these repositories are only as good as the information they contain and have been found to be missing information.

3) Conduct a search on the person’s name in federal courts in districts where the person has lived or worked.

Most people think of criminal records including drug possession, driving while intoxicated, or assault and battery as state matters. However, there are a number of federal statutes that can result in someone facing criminal charges, especially with white-collar matters.

4) Search “nationwide” criminal databases for additional criminal records

We’ve discussed the myth about nationwide criminal databases before. The fact is that there really is no comprehensive way to conduct a nationwide criminal background check through open sources. These nationwide databases do have their place. Using a nationwide criminal database as a backstop, while the data is not comprehensive, is an excellent way to identify records that may exist outside the jurisdictions in which the person has resided.

February 9, 2012/by Brian Willingham

Background Investigations

Why a “Nationwide Criminal Background Check” is Complete BS!

Why, you may ask, is a “nationwide criminal background check” complete BS? For one thing, there is no such thing.

Last week we highlighted some warnings about online background check services, and the gaping holes that these services have.

What most of these services offer, including the one we highlighted, is a “nationwide criminal background check” which has even more holes than a donut shop.

Now the facts…

There are over 3,000 counties in the United States, many of which have multiple courthouses which maintain criminal records. The procedures to access these records vary, most of which can’t be accessed through a central repository. Even so, many of these courts have not yet digitized records making them completely inaccessible online.

There is no official count as to how many criminal records (arrests and/or convictions) are accessible online, but it’s pretty minuscule and spread across to many different systems, courts and repositories that it will make you want to pull out your hair just thinking about it.

“True” Nationwide Criminal Background Check

As we have discussed previously, there is only one “true” nationwide criminal background check in the U.S. today. The N.C.I.C. (National Criminal Information Center), which is a central repository for criminal record information that is available only to registered law enforcement agencies and related criminal justice organizations which is not available to the public.

Even so, there have been questions about the reliability and accuracy of the NCIC database so even if you did have access to it, it may not be the most comprehensive way to find criminal records.

Warning: Online Background Check Services Are Not What You Think

Imagine using one of the hundreds of online background check services to conduct a check on a potential new employee. You put in the person’s name and date of birth and pay with your credit card, and you get a tidy report that shows that he or she has a clean record.

You trusted that report, so how were you to know that the potential employee, who is now working for your company, is actually a convicted felon who has been arrested six times?

We recently tested one of the major online criminal background check services and were surprised to find how inaccurate the results were. We would be willing to bet that people who use these services every day run into the same mistaken, misleading information.

The Backstory

I recently received a call from a friend who was opening a restaurant in New York and wanted to conduct background checks on new employees. I recommended that, at minimum, he run criminal record checks in New York state and that the search be conducted through the New York State Office of Court Administration, the official repository of criminal records, run by the New York State Unified Court System.

I pointed him to a link on how to conduct a New York Criminal Record Search and told my friend that he could fill out the Criminal History Record Search Form with each employee’s full name and date of birth and then mail it to the Office of Court Administration, or that I could get the results almost immediately for a small fee on top of what the Office of Court Administration charges ($65 per name searched).

Dismayed by the cost of conducting a New-York-only criminal background check on up to 100 new employees, my friend went online to look for less-expensive alternatives. I do comprehensive background checks that cost thousands of dollars, so I could not blame him for not wanting to pay my hourly fee to submit his requests.

My friend found numerous online background check services that conduct a (supposed) statewide criminal background check in any one state for less than $20 per person.

How could an online background check provider offer a statewide check in New York or any other state for less than $20 when the state itself charges $65? It is a major red flag when an online background check provider charges $45 less than the official criminal record repository does.

Online providers stretch the truth when they say they offer statewide criminal background checks. I encouraged my friend to read the fine print on these sites, because each provider includes different records in its searches. So instead of conducting in-depth statewide criminal searches, online providers tend to include only information such as inmate records (note that most people do not get jail time) and sexual offender registries. Yet these providers get away with saying they conduct statewide criminal record searches.

New York has 62 counties, and within them are hundreds of small justice courts in remote locations that lack Internet access, so it is unlikely that online databases have all the information included in an official statewide criminal background check.

Additionally, New York does not sell information to database providers, as many other states do.

Skeptical of these online background check providers, I decided to put one of them to the test.

What Happened Next May Shock You

“Free,” “instant,” “cheap” background check services are all over the Internet. I decided to use one of the major providers to obtain a statewide criminal check in New York. I scoured the site for fine print but discovered none. The site said that the search would be statewide and provide instant access to records of criminal convictions, felonies and misdemeanors.

So I paid $19.95 plus tax for an instant criminal check, using a real person’s name and date of birth. I instantly received a spotless report of “No records found” for case records, sentencing records, disposition records or other criminal-related records.

It was a quick and easy transaction, and if I were a consumer reading this criminal background check, I would feel comfortable knowing that the person had no criminal history record in New York.

The Problem

The person whose criminal background I checked is a known convicted felon with a lengthy criminal record history in New York. In fact, this person has pled guilty to criminal possession of a weapon (misdemeanor), criminal possession of marijuana (misdemeanor), robbery (felony), possession of stolen property (misdemeanor) and assault (misdemeanor). In all, this person has been arrested six times in New York over the past 10 years.

How do I know that this person is a convicted felon? I ran a true criminal history record search through the New York State Office of Court Administration, the official repository of criminal records, run by the New York State Unified Court System.

The Online Background Check Failed Miserably

How could the online criminal background check have omitted these major records?

The site claims that its statewide search provides instant access to records of criminal convictions, felonies and misdemeanors. The site even suggested that I pay to enroll in a monthly service to be able to run nationwide criminal background checks, something that’s not even possible, as discussed in a previous post (The Truth about a Nationwide Criminal Record Search).

Only on the so-called statewide report did I discover a lengthy disclaimer about how you should “not assume” that the data provided is a “complete or accurate history of a person’s criminal history.”

Gee, thanks.

Nowhere else could I find any sort of warning or disclaimer.

Another Option

The online criminal background check service I used offered a way to conduct an “on-site court search” in one county in New York. For $100—$35 more than the official state repository charges for all counties—you can have a physical inspection of criminal records at the courthouse conducted.

Closing Thoughts

Some—but not all—courts provide online access to court records. In many cases, you still have to research the court records in person at the courthouse.
Going straight to the source (the court or official repository) is the single most important thing you can possibly in a criminal background check.
Every state and every county is different with regard to criminal background checks. Find out your local court’s policies and review “How to Conduct a Criminal Background Check Like an Expert.”
Not all online background check services are created equal. The one we reviewed here completely missed the mark, but others may be different. Check the fine print about what was searched, how up-to-date the records are and how far back the records go.
Online background check providers may provide you with information that makes you feel better about whom you are hiring, doing business with or letting into your home, but in some cases you may be better off using nothing at all than using these online providers.
If you use an online background check provider be weary of terms like “nationwide,” “instant” and “free.” Look for sites that are completely transparent in the records that are available and not filled with disclaimers.
Doing a proper background check may be costly, but if it finds critical records, you will spare yourself embarrassment and liability down the road.

January 24, 2012/12 Comments/by Brian Willingham

Background Investigations

How to Conduct a Criminal Background Check Like an Expert

There are several things you should know about the person you are investigating before you conduct a criminal background check like an “expert”:

Full name (preferably what appears on the person’s driver’s license or another government-issued document) including any nickname and maiden name
Date of birth from an official source (e.g., driver’s license, passport, etc.)
Addresses and/or counties where the person has resided (more on that later)
A Social Security number (helpful, but not necessary)

For simplicity’s sake, we have broken the ways to conduct a criminal background check into four categories: online databases, “official” repositories, courthouses and other sources.

Online Databases

Online databases offer a quick and easy way to search millions of criminal records. Investigators have access to professional databases, which offer a wider range of criminal records, but for the general public, there are hundreds of online service providers that respond to criminal record inquiries.

The one we recommend is SearchSystems.net, which reportedly has more than “400 million records.” What we like most about the SearchSystems database is the transparency of identifying what is covered in the database, unlike most other databases you see.

If you use another service, be sure to read the fine print in the description of database coverage to know exactly what is included in the search and the dates that are covered. For example, some database providers search only sex offender records, which can be performed for free through the Department of Justice website.

The benefits of using online databases are that they are quick, easy and relatively inexpensive. However, they are not comprehensive, are filled with holes and inaccuracies, and should not be relied on exclusively. There are numerous examples of an individual or business that opted to take the “short road” in terms of a background check provider and failed to uncover critical information.

“Official” Repositories

Official repositories include state and federal government repositories where you can access information directly through the source. For example, through Pacer you can search federal criminal records. Additionally many states offer ways to conduct a statewide criminal search through either the state court system, like the New York Office of Court Administration, where you can conduct a statewide criminal record search in New York, or, as in Connecticut, where you can make a request through the Department of Public Safety, Division of State Police.

The benefit, of course, is that you are using an official repository run by the state or federal government; however, these repositories are only as good as the information they contain. In Texas, it was recently reported that one out of every four criminal records never made it to the Department of Public Safety Computerized Criminal History System, which is not terribly comforting.

We have also found numerous instances over the years of cases not appearing in Pacer but appearing in other investigative databases. Also, it’s critical to understand that the person may have committed a crime across state lines, which can be found out the hard way.

Courthouses

Going straight to the source is the best thing you can possibly do to conduct a criminal background check. You can be confident that the information is accurate; you can typically search further back in time; and if necessary, you can retrieve the documents from the case right on the spot to confirm with certainty that the case is related to the right person.

The issue with going to the courthouse directly is that it is relatively cost prohibitive, especially if the person has resided in multiple jurisdictions. Also, if the person happened to commit a crime across a county line, it may not show up in the local courthouse. The fact remains, there is no better way to conduct a criminal background check that to go straight to the court.

Other Sources

In addition to consulting the sources above, there are several other things you can do to find criminal records that may or may not have been identified in the above sources, including accessing the sex offender registry, state prison records and federal prison records. Additionally, it’s a good idea to search local media publications or police blotters, as someone may have been charged with violating a local ordinance or pleaded down to a lesser charge that may not be found in the public record.

Key Takeaways

There is no one central repository for searching criminal records, despite claims to the contrary.
Always use multiple sources to conduct a criminal background check, even if there is an overlap in coverage.
Read the fine print! Always know what information is contained in a database, government repository or court computer – the information you get is only as good as what is contained in the results.
Always determine the dates that are covered in whatever you are searching. If the person you are looking into lived in a jurisdiction 15 years ago, but the database only covers 10 years, you’ve got a problem.
If you find a serious issue, retrieve the documents to confirm that a) the information matches the person you are investigating and b) you get the facts about the case.
Going straight to the source (the court) is the best thing you can possibly do to conduct a criminal background check.

December 6, 2011/3 Comments/by Brian Willingham

1Search the local court jurisdictions

2Search the state criminal record repository

3Search federal criminal records

4Search nationwide repositories

Important Things to Consider

Enjoyed What You Read?

Enjoyed What You Read?

Enjoyed What You Read?

Enjoyed What You Read?

1) Conduct a search on the person’s name in state and local courts in the counties where the person has lived or worked.

2) Search the agency that maintains the statewide criminal history databases for states where the person has lived or worked.

3) Conduct a search on the person’s name in federal courts in districts where the person has lived or worked.

4) Search “nationwide” criminal databases for additional criminal records

Enjoyed What You Read?

Now the facts…

“True” Nationwide Criminal Background Check

Further Reading

Enjoyed What You Read?

The Backstory

What Happened Next May Shock You

The Problem

The Online Background Check Failed Miserably

Another Option

Closing Thoughts

Enjoyed What You Read?

Online Databases

“Official” Repositories

Courthouses

Other Sources

Key Takeaways

Enjoyed What You Read?

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