Check the Availability of Criminal Records

Criminal records are checked by employment agencies or individuals at the time of an appointment.  It is necessary to check these records prior to recruitment or while making an application for an accredited license. In any case, you will either do the search yourself or be the subject of one.

A criminal record originates at the time a case is filed in any of the lower courts of the country. The information is then forwarded to the federal repository of criminal records. The criminal records are, usually, maintained by the state courts and other law enforcement agencies, such as the prison systems and the agencies that bear the sanction of the federal government.

Public Access to Criminal Records

As far as the availability of criminal records is concerned, it needs to be understood that not all records are meant for public access.  For example, the laws of the state of Nevada call for the criminal records to be sealed. By sealing, the Nevada Revised Statutes mean that the records are eliminated from the public database, and it is no longer possible to examine them.

These records are not available to anyone, barring the people who work at the state repository for maintenance purposes or a party or an individual who has been formally authorized by the Nevada Revised Statutes.  Exceptions are made only in case of the sex offender records of the state. More information about the sealed records can be found at http://nvrepository.state.nv.us/criminal/forms/SealingCriminalHistoryRecords.pdf

Criminal Records in Different States

In the state of Rhode Island, the criminal records are maintained on the basis of fingerprint identification as the state law calls for proper background checks for adoption, employment in child care centers, and convalescent homes, and for appointment in offices. This search is in compliance with the DCYF Policy 900.0035, Employment Background Checks Facility Operators/Facility Employees as mentioned in http://www.dcyf.ri.gov/docs/amended_rules/900.0040_criminal_records_checks.pdf

The state laws of Ohio permit the examination of criminal records through http://www.drc.ohio.gov/OffenderSearch/Search.aspx. If you are a resident of this state, you can fill out the form available at the website to gain relevant information about a suspect.  You can make a search on the basis of information available to you; for example the complete name of the individual, the name of the offender’s resident county, and the county where the crime was committed. You can also gather information about the next court hearing date. A complete list of the sex offenders can be obtained from http://www.esorn.ag.state.oh.us/Secured/p1.aspx

Criminal records can also be expunged or removed from the records of the correctional facilities, the court, the law enforcement agencies, or even the juvenile justice agencies. It requires the sanction from the local courts before you can file for expungement of your own criminal records.

In New Jersey, the expungement laws are stated in N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32, and you need to refer to the statutes to figure out whether you are eligible for expungement. You need to gather adequate information about the legalities involved before going ahead with it.  If you are a resident of New Jersey, you can refer to http://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf for an explanation of the process and the forms.