I know someone who can look up anyone’s criminal records because she works in a court building (as a data clerk, but everyone that works in a court building can look up records). She still can’t look up sealed records. A friend of mine wanted his criminal record checked out and I asked her to do it. I thought that there was nothing wrong since the kid wanted to know.
But what if I look up the records of someone who I just think is suspicious looking? Is that legal? Can a data clerk get in trouble if she gives this information to me?
The answer varies, but aside from juvenile offense, I doubt that it’s a big issue. There is a way to do this legally and through the system. Just ask at the court house how to do it.
Some crimes require people to reveal their background, such as sex offenders.
If the law concerning criminal records is anything like the HIPAA law concerning medical info, then your friend could be in serious trouble. You would have to have a legal reason to look up someone records (if you were an employer, for example). Unless the records are publicly available, I’d let the whole thing drop.
If you suspect someone of criminal activites, call the proper authorities.
It used to be in MI, yes. I once went to the local court to look up such about a specific person. All records were available, although some were on microfilm.
Depends on what state you are in. In Alaska, all the court records are available online, anyone can look up anybody else and see not only all trials on criminal grounds, but also any civil trials like debt collections. It is all a public record, available to anyone for free.
The answer is, these are publicly available documents. I can search the Summit County(Ohio) records online. I can find out that my son’s friend was arrested for drug charges, and the status of his case. That is, if he’s 18 or older. The info might be a few weeks to a month or so behind, but it’s the same thing you can find by going to the courthouse and asking. These are public records.
But it’s not, so you can breathe easier. HIPAA concerns medical records, not criminal records, and that’s a critical distinction. Medical records have been accorded a measure of privacy and, in general terms, unless you consent to their disclosure, everyone handling your medical records must maintain their confidentiality.
Criminal records, by contrast, are public documents, based on a public trial. You could theoretically walk into the clerk’s office off the street and ask to see someone’s criminal records. I say “theoretically” only because different offices may have different requirements (i.e., forms you have to fill out).
Your friend’s bigger concern ought to be whether she is permitted to be doing these kinds of favors for friends on company time.
What about the Hollywood stereotype of the private detective who has a “friend on the force” who does stuff like this for them? Like Dennis Becker on “The Rockford Files”.
Well, the “friend on the force” might be able to expedite matters by looking up records quickly instead of going through the usual bureaucratic channels. Juvenile records are usually secret, in which case you’d have to commit some kind of crime to get them.
As a matter of principle, criminal records must be public in a democracy (safe some very few exceptions, e.g. for minors, as already stated). Any trial is always “the people” vs. the accused, so “the people” must know about it.
I’m unconvinced. You wouldn’t be able to check my criminal record in France, except in some rare instances (like I apply to a government job). A random employer certainly wouldn’t have any right to chek it, let alone a random stranger. Actually, I don’t think I could have access to it myself (for the obvious reason: people, employers for instance, could then ask me to get a copy and show it to them and refuse to give me the job if I didn’t).
I’m perfectly happy with this system, and despite not even having had a parking ticket in my whole life, I wouldn’t want it to be otherwise (you’re supposed to have “paid your debts” to society once you’re out of jail, so why should it be anybody’s business?). Of course, if I’m a high profile serial killer or a celebrity everybody will know about me, but why should the government help strangers to know about a past that’s supposed to be now behind me?
I don’t feel that I live in a less democratic place for it, at the contrary. You’ve exactly as much right to know I was sentenced for robbing a bank than to know that I was sued by my landlord, worked for IBM, or the color of my underwear. That is : none. And I can’t think of a reason why living in a democracy would imply such a principle.
The UK is a democracy too and if I understand it correctly only certain designated officials are allowed to access criminal records.
If an individual is required to provide a prospective employer with a copy of his criminal record (if indeed he has one) he can apply himself for it.
Of course there are some professions eg. working with children that require checks to be carried out by various officials.
On a side note there is an act of parliament in existance (I think it’s called the Rehabilitation of Offenders Act) which will expunge lesser criminal records after set periods of time if you do not offend again. This gives a reformed person another chance.
clairobscur, I understand your concerns. My point was not that all court records must be public forever in a democracy.
The link to democracy that I see is that in a democracy power is based on the people (as opposed to a single monarch or god), so all verdicts are in the name of “the people” and all trials are public (with some exceptions, I know).
If records are deleted after a certain number of years, that’s fine. If nobody is allowed to use an old case against you after that, also fine. I even consider that important in a civilized society.
However, I would consider it undemocratic if trials were secret by default.
Living in a democracy implies such a principle simply because the souvereign (the people) has a right to know what is decided and enforced in their name. Keeping information only in an inner circle leads right back to feudalism.
I checked it up and actually I’m wrong. I can get a copy of part of it (that mentions the sentences longer than two years and some other elements like being forbidden from working with minors).
There are two others more complete versions of the record, one that can be requested only by public authorities in some specified circumstances and the most complete one that can only be requested by judges or prosecutors (and the less serious offenses are deleted from even this one afer some years).
I can also check the complete record myself, but I can’t get a copy of it.
True. Although to clarify a little bit, your criminal history and arrest record need not follow you around forever after your matter is settled. There is a process called ‘expungement’ which seals the record from the public. Various jurisdiction have differing rules about what cases qualify as expungable. Being acquitted of a crime or conviction with reversal is standard. (Yes, even if you’re arrested and the court case against you is dropped, you’re still on the books unless you file for an expungement.) In Cook County, you can also get misdemeanors and Class 4 felonies expunged under certain conditions.
By the way, as others have stated, this isn’t exactly a privileged power. If the court records in your jurisdiction aren’t available online, you should be able to look up the court records yourself by going to the court yourself.
For example, in Chicago, one just needs to go to the 10th floor of the Daley Center, and use any number of the publicly available computers to look up court cases. Nobody asks you for ID; there’s no forms to fill out for this search. To pull the actual physical files from the courts, you just have to fill out a short form which asks very few questions. Once again, no proof of ID, nothing is required from you. If the record is within 5 years old, they’ll pull it for you and have it ready for your perusal in a few minutes. Anything older takes several working days to pull from the warehouse (located in another part of town.)
You don’t need any kind of special access to do this.
I don’t think it’s illegal for anyone to check someones background, I mean look at all the websites that allow this such as http://intelligater.com I’ve even use them to check backgrounds online. Don’t worry about this because if it were true we’d all be in jail.
Years ago when I worked Public Safety we were not allowed access to criminal records without reason and we were not allowed to talk about anything we did know.
Now it’s all online.
It’s an abbreviated version, but you can order the records to get the complete version.