Cover image for The criminal records book : the complete guide to the legal use of criminal records
Title:
The criminal records book : the complete guide to the legal use of criminal records
Author:
Hinton, Derek.
Personal Author:
Publication Information:
Tempe, AZ : Facts on Demand Press, [2002]

©2002
Physical Description:
317 pages ; 24 cm
Language:
English
ISBN:
9781889150284
Format :
Book

Available:*

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KF9751.Z9 H56 2002 Adult Non-Fiction Non-Fiction Area-Reference
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Summary

Summary

This book tells you where and how to access criminal records, familiarizes you with the Employer and Vendor Compliance Guidelines, and gives practical hands-on information.


Author Notes

Derek Hinton is the Director of Communications and Legal Affairs for one of the nation's leading employment screening companies


Table of Contents

Introductionp. 9
Section 1 What Do You Really Know About Criminal Records?
Chapter 1 Testing Your Criminal Record Quotientp. 13
Jean and Harvey's Dream
A Criminal Record Quiz
Chapter 2 Essential Criminal Record Terms and Phrasesp. 19
Felonies and Misdemeanors
With or Without a Disposition?
The Distinction Between Public and Non-Public Criminal Records
Betwixt and Between
Other Significant Criminal Record Terms
Chapter 3 Who Uses Criminal Records?p. 25
The Most Prominent Users
Criminal Justice Agencies
Non-Criminal Justice Agencies As Required by Law
The General Public
When Non-Criminal Justice Agencies Are Granted Access to FBI Records
Chapter 4 Should You Use Criminal Records? The Great Criminal Record Debatep. 29
The Debate Over the Use of Criminal Records
The Privacy Objection
Employers and Job Applicants
Victimless and Non-Violent Crime
Section 2 Where Criminal Records Are Found
Chapter 5 Criminal Records at the County Levelp. 37
Court Basics
Statewide Courts Structure
How Courts Maintain Records
Court Computerization
Chapter 6 Criminal Records at the State Levelp. 41
The State Central Repository
Non-Uniformity of State Systems
State Statutory Provisions for Access to FBI Records
State and Interstate Dissemination Policies
Chapter 7 Criminal Records at the Federal Levelp. 47
Federal Criminal Records and the US District Courts
How the US District Courts Maintain Records
Recent Restrictions Imposed to Electronically Accessed Criminal Documents
Other Federal Criminal Record Trends
The FBI NCIC Database
National Crime Prevention and Privacy Compact
Access to NCIC for Non-Criminal Justice Purposes
Chapter 8 Criminal Offender Recordsp. 55
Incarceration Records
Parole Records
Probation Records
State Sexual Offender Records
Federal Fugitives
Military Criminal Records
Chapter 9 Advice When Obtaining Criminal Records Yourselfp. 61
Know Thy Repositories
State Versus County Searching
The Myth of Public Records and the Internet
Using the Freedom of Information Act and Other Acts
Chapter 10 Advice On Using a Criminal Record Vendorp. 67
The Advent of Criminal Record Vendors
Types of Vendor Services Offered
Benefits of Service Vendors
Ancillary Tools that Criminal Record Vendors Provide
Where to Find a Vendor
How to Choose the Best Vendor for You
Section 3 Employer and Vendor Guidelines to Using Criminal Records
Chapter 11 Why Employers Should Use Criminal Recordsp. 79
The Negligent Hiring Doctrine
Workplace Violence
Workplace Theft
When it is Required by Law
Chapter 12 Evaluate Your Record Request Processp. 87
Identification Issues
Asking for the Date of Birth
The Importance of Proper Documentation
Sample Criminal Record Release Form
Pros and Cons of Using Misdemeanor Records
Chapter 13 Compliance With The Fair Credit Reporting Actp. 93
FCRA and Employers
Overview of The Fair Credit Reporting Act
The 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
Chapter 14 Federal FCRA Interrelation with State FCRAsp. 103
What Do Federal and State Interrelations Have To Do with Ordering Criminal Records?
When in Conflict, Which Law - Federal or State - Pre-empts the Other?
Summary of FCRA and State Law Interrelations--Good News for Users
Chapter 15 Title VII and Using Criminal Recordsp. 109
Criminal Records and Bias Employment Practices
What Are The EEOC's Guidelines?
Four Important EEOC Notices
Chapter 16 State Restrictions on Criminal Record Use by Employersp. 115
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
States that Restrict the Use of Arrest Records Based on Time Periods
States that Limit Record Access to Employers Only Within Certain Industries
Legal Concerns Versus Gut Reactions
If You Get Into Trouble
Section 4 Government Agency Profiles
Chapter 17 State Profilesp. 125
This chapter consists of detail pages for each state
The following information is included: access requirements, restrictions, fees, online modes, policies and procedures for state criminal record agencies
Analysis of county courts
Statewide court systems
Profiles for obtaining records from state prisons
State sexual offender registries and how to access them
Chapter 18 Federal U.S. District Courtsp. 253
How to Access Federal Records by Mail or Phone
Online Access to Records
PACER Access
U.S. Party/Case Index
CM/ECF-Case Management/Electronic Case Files
Federal Record Centers and the National Archives
Locations of the U.S. District Courts
Section 5 Appendix
Appendix 1 State Chartsp. 277
Compact Memberships
State Criminal Records Required Data
Prohibited Access to Records
Appendix 2 Fair Credit Reporting Act Summariesp. 283
Prescribed Summary of Consumer Rights
Prescribed Notice of Furnisher Responsibilities
Prescribed Notice of User Responsibilities
Appendix 3 Title VII EEOC Noticesp. 293
Evaluation of employer's policy of refusing to hire individuals with conviction records
Commission's procedure for determining whether arrest records may be considered in employment decisions
Job advertising and pre-employment inquires
A business justifying the exclusion of an individual from employment on the basis of a conviction record
Quick-Find Indexp. 316