Legal Research

There are two primary approaches to searching direct sources of criminal records ? go to the courthouse or go to the state repository. There are pluses and minuses for each method.

Most criminal record searches performed by the public at the courts are ?name searches.? This means a name is submitted or researched against a record docket index to determine if a record exists on the subject. Usually the DOB and sometimes the SSN is also provided or used by the requester when searching open records. Many courts provide public access terminal to search the index if they do not provide their personnel to do a look-up. A number of courts will not honor search requests by mail and certainly not by phone.

Using an exact name and a DOB gives record requesters a higher likelihood that the record found is that of the subject, opposed to name search with a partial DOB or to search with name only.

A smart researcher will search the record file and look for clues to identifiers that will confirm the record does indeed belong to the subject of the search, especially if the name is common like Williams or Smith. This holds true regardless if you are searching records at courthouses or at state agencies.

The ?other? criminal records ? incarceration, sexual predator, and from database vendors ? can usually be searched with a name and some personal identifiers. However, if case details are needed, then an on-site search must be made at the appropriate court. Note that industry professionals generally consider these records to be supplementary in nature. They are certainly worthwhile, but professional researchers know these records should not be used as the only search source.

© excerpt from Business Background Investigations book.