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June 05, 2009

Ohio Redaction Law on Court Records to Take Affect Soon

Per Ohio’s Public Access Rules and Public Records Act, as of July 1, 2009 the redaction of certain personal identifiers contained on court documents seen by the public will go into affect. “Personal identifiers” means Social Security Numbers, except for the last four digits; financial account numbers, including but not limited to debit card, charge card, and credit card numbers; employer and employee identification numbers; and a juvenile’s name in an abuse, neglect, or dependency case, except for the juvenile’s initials or a generic abbreviation such as “CV” for “child victim.”
For a copy of the text and a summary of the rules visit www.supremecourt.ohio.gov/Boards/superintendence/PAR/default.asp.

June 03, 2009

New Utah Law for Employers Using Personal Identifiers

The Utah legislation has enacted H.B. 206. The legislation prohibits employers from requesting a SSN, DOB or DL# until either 1) the time in the hiring process when a criminal background check, credit history, or driving record is going to be run or 2) a conditional offer of employment is made. In general, H.B. 206 affects employers with 15 or more employees. This means that the SSN, DOB or DL should not be indicated on the initial job application form. This is not out of the ordinary, since this procedure is common for employers who work with and are advised by a pre-employment screening agency. However, vendors who provide employment screening on occasion for their employer clients may want to make sure to supply the proper forms to an employer at the appropriate time when a background check is initiated or public records are checked.
An excellent overview of the new law is provided by the Employer’s Council (which covers Idaho, Nevada, Utah, and Wyoming) at www.ecutah.org/newsampl.pdf.

June 01, 2009

Certification Fee for Iowa Court Records Increased

Effective May 27, 2009, the charge for a certification and seal fee on a court document increased from $10.00 to $20.00. The bill, which was signed by the governor on May 26th, also increased a number of court filing files.  For example, the fee to file a statutory or mechanics increased from $10 to $50, the fee for filing and docketing increased from $50 to $85, and for an appeal from a judgment in small claims or for filing and docketing a writ of error the fee increased from $75 to $185.
For more information and a complete list of all the fee increases go to www.legis.state.ia.us/index.html and enter SF478 in the Quick Find: Bills & Iowa Code box

May 28, 2009

Certification Fee for Iowa Court Records Increased

Per SF 478 and effective May 27, 2009, the charge for a certification and seal fee increased from $10.00 to $20.00. The bill, which was signed by the governor on May 26th, also increased a number of filing files within the state's court system.  For more information, go to http://www.legis.state.ia.us/index.html and enter SF478.

March 04, 2009

Dane County Wisconsin Sheriff's Office and Record Requests

The Dane County (where the city of Madison is) Wisconsin Sheriff's Office now permits record requests to be made via online as an automatic email using the request form at www.danesheriff.com/records.aspx. Records available include accident reports and sheriff investigated incidents.

January 31, 2009

New Webpage for Finding Local Record Retrievers

The Public Record Retriever Network (PRRN) is pleased to announce a new webpage at www.prrn.us. The page allows the public to search by state and county (or parish) to find a local public record retriever PRRN member who can research a name or access a record file at the local the court or recorder's office. The webpage also has several informative articles with facts about record searching. The other web location for searching a PRRN member is still active at www.brbpub.com/prrn/search.aspx

January 30, 2009

Maine - Cumberland County Courts - Criminal Record Search

In Maine, the District Courts handle misdemeanors and the Superior Courts handle felonies. Recently, one of Cumberland County's three District Courts merged its criminal record division with the county's Superior Court. Records from Portland District Court - South 9 were merged with the Superior Court criminal record database. The new court is designated as the Unified Court.  A criminal record search at the Unified Court will include a search of both courts. This merger does not affect civil or probate records held by the Portland District Court. Note the two other District Courts in Cumberland County (Bridgton District Court North 9 and Bath District Court East 6) each have a separate record database. Therefore, for a complete countywide criminal record search with misdemeanors, all three courts must be searched.

December 08, 2008

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

November 10, 2008

About Searching for Criminal Records

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.

December 13, 2007

White Paper on SSN Redaction

A white paper designed to help government agencies develop policies for removing Social Security numbers and other sensitive information from public documents has been released by the National Association of Secretaries of State (NASS) along with the National Electronic Commerce Coordinating Council (eC3).  The paper details the redaction practices of 19 states and offers insights on issues in developing redaction programs.  Privacy, Public Access & Policymaking in State Redaction Practices.