BRB's Public Records Blog

Passport Records for Issuances 1925 – Present

Passport Services maintains United States passport records for passports issued from 1925 to the present. These records normally consist of applications for United States passports and supporting evidence of U.S. citizenship, and are protected by the Privacy Act of 1974, (5 USC 552(a)). Passport records do not include evidence of travel such as entrance/exit stamps, visas, residence permits, etc., since this information is entered into the passport book after it is issued.

The Privacy Act allows persons to obtain copies of their own records and the records of their minor children. The requester’s notarized signature and a copy of requestor's valid photo identification are required along with any information that would help locate the records. A search for one’s passport record is free with the notarized request.

Third party requesters may obtain a record with a $60 fee per name as long as one of the following is also included in the request:

·         Notarized consent from the owner of the passport record,

·         Proof of guardianship,

·         Death certificate, or

·         Court order signed by a judge of competent jurisdiction requesting the U.S. Department of State to release passport records.

The only exception to this requirement is when the owner of the passport records was born 100 years or more ago. The third party request does not have to be notarized.

All requests for passport records issued from 1925 to present should be mailed to:

Department of State, Passport Services
Research and Liaison Section, Rm 500
1111 19th St N.W.
Washington, DC 20524-1705
or call 202-955-0447

© excerpt from The Public Record Research TIPS book

 

Workers' Compensation Records

Every state has an agency that administrates workers’ compensation cases. There is no national database of records. Workers' compensation benefits are paid to people who have suffered an injury during the performance of their jobs. Workers’ compensation records will contain the date of the incident, employer, insurance company, type of injury, body part injured, time lost, and if there is a job-related disability. Obviously, these records are useful in background investigations and fraud cases. However, most records are considered to be confidential or at least certain portions of each case file are. They’re usually only released to parties involved in a case or by subpoena. Generally what is considered public record by some states is limited to determining if a subject has filed a claim, and decision, award or order in a disputed case.

One reason records are confidential is the Americans with Disabilities Act (ADA). This act prohibits state workers’ compensation boards from disclosing information as part of the pre-employment screening process. Per the ADA, a review of workers’ compensation histories may only be conducted after a conditional job offer has been made and when medical information is reviewed. However, the ability to conduct this type of review is still subject to individual state statutes, which vary widely and can be stricter than the ADA. For example, Nevada disallows a record search for post-hire purposes.

States that release at least a portion of workers' compensation files to the public are California, Florida, Illinois, Ohio, Oklahoma, and Wisconsin. In most other states, a signed release is necessary or even a subpoena.

Several state offer online access to some information. In Florida, access to the claims history database is provided online at www.fldfs.com/wc/databases.html, all personal information has been redacted. Case status for Illinois cases at shown at www.iwcc.il.gov. In Nebraska, workers’ comp record requests may be made at https://www.nebraska.gov/WC/records.phtml. Unless specifically requested, responses will be limited to first and subsequent reports filed within the last five (5) years.

© excerpt from The Public Record Research TIPS Book

Massachusetts Vehicle Records – Online Inquiry

There are two online inquiry systems open to the public and businesses.

The Title/Lien Inquiry Transaction enables vehicle owners and lienholders to track a title, to verify lienholder accuracy, or to ensure a title has been sent to the appropriate party. Requester must supply the VIN or the actual Title number, found on the vehicle registration document. The on-screen message displays the date the title was issued, to whom the title was (or will be) mailed, and the name of the lienholder if applicable. No personal information is ever displayed.

Visit https://secure.rmv.state.ma.us/TitleLookup/intro.aspx

The Registration Inquiry Transaction works in a similar manner. Requesters must have the vehicle's registration plate type and registration number as printed on the vehicle registration card.  Once the information is validated, the displayed results will include registration status, registration expiration date, a link to associated registration fees, last vehicle inspection date with result and insurance information. Additional information may be obtained by providing subsequent user validation details. However, transactions for the following registration types are not available: deal­er/manufacturer, repair, farm, owner contractor, transport and apportioned. No personal information is ever displayed.

Visit https://secure.rmv.state.ma.us/RegInquiry/intro.aspx

© excerpt from The Public Record Research TIPS Book

Pennsylvania Sets Copy Fee Range For Public Records

The newly created Office of Open Records has mandated that as of January 1, 2009 Pennsylvania government entities must charge between $.10 and $.25 for copies of public record documents, except in the case of oversized documents. The Courts, the State House and Senate are exempt, as are any agency that per statute is authorized to charge a set amount for a certain type of record. For example, a Recorder of Deeds may charge a copy fee of $.50 per uncertified page and $1.50 per certified page under 42 P.S. § 21051 and police departments have the authority to charge up to $15.00 per report for providing a copy of a vehicle accident report.

For details, visit http://openrecords.state.pa.us/portal/server.pt?? 

Electronically Accessed Missouri Motor Vehicle Records Now Less Than $.04 Each

Effective December 1, 2009, the fee for driving records accessed electronically was lowered from $1.25 to $.0382 per record.
 
This fee decrease is the result of a huge legal mess that started with an agreement the Department of Revenue had signed with BearingPoint Inc. to act as the state-endorsed vendor to sell online motor vehicle records. The original plan was to increase the fee from $1.25 to $7.00 for name searches done on a batch or interactive mode.  However, apparently Missouri Revenue Director Omar Davis interpreted this to mean that the bulk access (database purchase by DPPA qualified users outside of driving record services) would also increase from a few cents per record to $7.00.

Several lawsuits were filed this past Summer and the Department of Revenue was forced to change its prices several times. The $.0382 fee is the latest set price in this unfortunate adventure.

The nationwide average price for electronic batch purchase of driving records is just under $7.00 per record. The nationwide norm of fees for bulk access of vehicle records is between $.02 and $.04 per record. The states charging the highest fees - Arizona and California - are selling in bulk at about $.10 per record.  

North Dakota Adopts Privacy Protection Measures for Court Records

Amendments to North Dakota's Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, Rules of Court, and Supreme Court Administrative Rules and Orders were adopted on December 3, 2008.
On March 1, 2009, significant changes to electronic and paper filings, including the redacting of information, will go into affect. For example, within the Rules of the Court, Rule 3.4 - Privacy Protection for Filings Made with the Court - provides for the following items to be redacted:
 
"Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, a financial-account number, or, in a criminal case, the home address of an individual, a party or nonparty making the filing must include only: 

  (1) the last four digits of the social-security number and taxpayer-identification number;
  (2) the year of the individual's birth;
  (3) the minor's initials;
  (4) the last four digits of the financial-account number; and
  (5) in a criminal case, the city and state of the home address."
 
A synopsis of the complete amendments can be viewed at www.ndcourts.com/court/notices/20080201/contents.htm

Office of the Comptroller of the Currency

The Office of the Comptroller of the Currency (OCC), a bureau of the U.S. Department of the Treasury, charters, regulates, and supervises all national banks and federally chartered branches and agencies of foreign banks that are not members of the Federal Reserve System. The OCC has the statutory authority to take action against Institution-Affiliated Parties (IAPs) including:

·         Officers, directors, and employees;

·         A bank's controlling stockholders, agents, and certain other individuals.

Information may be requested on formal enforcement actions against the above entities for violations of laws, rules or regulations, unsafe or unsound practices, violations of final orders, violations of conditions imposed in writing, and for IAP's breaches of fiduciary duty.

Search Enforcement actions at www.occ.treas.gov/enforcementactions/. To obtain a paper copy of an order, agreement, or directive, fax the request to the OCC's Public Disclosure Room at 202-874-4448. A FOIA request should be addressed to Comptroller of the Currency, Disclosure Officer, Mail Stop 3-2, Washington, DC 20219.

© excerpt from The Public Record Research TIPS book