For a while, I’ve been aware that, in the US, there are rules of sorts regarding criminal records and who has the right to investigate them and when the ex-offender has the right to their own privacy. I was recently reflecting on the fact that I met someone last year who I now believe is, and was, a registered sex offender. On the online sex offender registry listing, a case/docket number for the original offense is shown. The conviction apparently occurred locally and I was thinking that I could just mosey on over to the courthouse one day and ask for a copy, it being a public record and all.
What’s the reality of this? If the files from criminal court proceedings (original complaint, motions, transcripts of testimonies, final judgment verdict, etc.) are all public record available to any random person who happens to ask, how can we have rules as to when a criminal record can be disclosed?
Have I misunderstood the nature of “public records” with respect to court cases? Are criminal trials only “public” in the sense that anyone can watch it live and walk out at the end of the day knowing the result, but if you didn’t see it live, you have to get authorization to run a criminal background check in order to see how the case turned out, review the testimony, etc.?
I know that divorces are public record here, and I actually did look at one once and saw personal details in it regarding one ex-couple, but I heard nary a peep from the clerk about why I needed it - I just looked it up in the free computer listings and then gave the docket number to the clerk and bam, here you go sir. I don’t have time to peruse court records all day, but I was thinking that a great business idea would be to send people out to all the courthouses in the country to review all the criminal files and then put together a big database of everyone’s records and then offer it to any paying customer without needing to worry about violating privacy laws because hey, it was all public record to begin with! What am I missing here?
I’m sure there is a limit to what parts of a docket are going to be made publicly available. For example many counties in most states now have pleadings like complaints, answers, motions, etc. digitized and pretty much anyone with a computer can search for these and pull them up. However if you want to see a detailed accounting of what is to be made public, how and when regarding court records, that will probably be set out in the court rules for your state.
I don’t see that you’re missing anything at all. Absent some sort of special court order regarding nondisclosure or expunction of a pariticular case for certain limited reasons, in my jurisdiction you can go to the courthouse (or in some counties go online) to look at the judgments, indictments, pleadings, and pretty much anything else in the clerk’s record regarding the criminal charges and convictions of just about anyone, and nationally there are businesses whose whole model centers around the gathering and dissemination of public records regarding those same records. In the case of sex offender registries, the state itself is disseminating the information. That’s pretty much the whole public and private business of criminal background checks.
I’ll bet most places won’t have transcripts avaialable for free. Court reporters record trials, but typically don’t transcribe the record without a paying customer.
30 seconds of searching on “criminal record check authorization” turned up this background check authorization form, which includes such juicy tidbits as:
[QUOTE=Delaware Department of Transportation]
…
As an applicant, I authorize release of any and all information that you have concerning me, including CRIMINAL HISTORY RECORD INFORMATION and other information of a confidential or privilege nature. I hereby release you, your organization, the State of Delaware and others from any liability or damage, which may result from furnishing this information:
…
USE OF CRIMINAL HISTORY RECORD INFORMATION IS RESTRICTED BY LAW AND SHALL BE LIMITED TO THE PURPOSE FOR WHICH IT WAS GIVEN. MISUSE CONSTITUTES A CRIMINAL VIOLATION.
[/quote]
Why would information that is already public record also be considered “of a confidential or privilege nature” whose “misuse” is illegal? Could they be referring only to juvenile or expunged records that are actually sealed? Do people actually get in trouble for “misusing” information that they read in criminal judgments that were publicly accessible at courthouses? Is it public record only inside the walls of the courthouse and disclosing the material outside the confines of the building is illegal unless you have obtained a separate authorization to perform, possess, or disclose a background check?
Couldn’t say, but I suspect because the State of Delaware has lawyers on hand to insert CYA provisions in public records disclosures to reduce lawsuits and liability. There are plenty of privately owned public data websites that collect public criminal history information and sell it to anyone who asks for a fee. There’s an online newspaper in my state that collects biographical information on every single prison inmate in the state, including name, age, what they’re serving time for, what their sentence is, and what unit they’re located in and puts it all in a searchable database for free online. The state has its own online database of registered sex offenders that you can search by name, location, offense, etc. Many counties have online databases of cases filed and their dispositions. If it’s a matter of public record its not difficult to find provided you know where to look.
Just because the records themselves may be public information doesn’t mean that any compilation including those records is also public information. For example, in NY I can go to any court and get a record of convictions for a particular person.. But only certain entities will be able to obtain an actual “rap sheet”. The rap sheet is likely to contain information that will not appear in a record of convictions- for example, in NY a search through the courts will not reveal acquittals , dismissals, sealed cases and records regarding offenses not classified as crimes. It will also not include out-of-state and Federal records and license applications ( security guard etc, not ordinary drivers licenses). Rap sheets may include any of that information.
And "misuse" probably covers a lot of things. For example, I have access through my job to obtain rap sheets.Can't run one to check out my daughter's boyfriend. It's illegal (most of the time) in my state to refuse to hire someone due to an arrest record or even due to a conviction that is unrelated to the job being applied for