BRB's Public Records Blog

Hamilton County Courts, Indiana

In late September, 2009, the Circuit & Superior Courts of Hamilton County Indiana switched their case file management to the Odyssey case management system provided by the Indiana Supreme Court. As a result, online access to the court record index is now available at http://mycase.in.gov/default.aspx.

Previously, courts place the record index with https://www.doxpop.com. While Hamilton County records may still be accessed from Doxpop's subscription system, the range of records date from 01/1987 to 9/21//2009. Thus, since the switchover, new cases and updates to existing cases for Hamilton County are no longer updated on Doxpop.

Hawaii Latest State to Put Limits on Use of Credit Reports

Over the Governor’s veto, the Hawaiian legislature passed a new law effective July 1, 2009 that put limits on the use of employment credit history or credit reports unless it “directly related to a bona fide occupations qualification,” or falls under another exception.

The bill amends the Hawaiian Fair Employment Practices Act by making it an unlawful discriminatory practice for any employer to refuse to hire or employ, continue employment or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment of any individual because of the individual's credit history or credit report, unless the information in the individual's credit history or credit report directly relates to a bona fide occupational qualification. Hawaii Revised Statues Sec. 378-2(8).

The new law also indicates that in terms of hiring in the first place, the employer can only inquire into the credit history or credit report on a prospective employee only after there has been a conditional job offer, and only if the information is directly related to a bona fide occupational qualification.

The law makes exceptions for employers that are expressly permitted to inquire into credit history or a credit report by federal or state law, financial institutions that are insured by a federal agency or to managerial or supervisory employees. The law sets out a specific definition of what constitutes a “Managerial” or “Supervisory” employee.

The Governor’s strong veto message (http://www.capitol.hawaii.gov/session2009/Bills/GM813_.pdf ) argued that employers should not be subject to, “another restriction on employers that could impact their ability to protect the safety and financial security of their workplaces.” The Governor indicated that credit reports can have value in particular situations and that Congress has regulated the use of credit reports in the Fair Credit Reporting Act (FCRA).

For a copy and history of the new law, see: http://www.capitol.hawaii.gov/session2009/lists/measure_indiv.aspx?billtype=HB&billnumber=31

It should be noted that even without the new law, an employer that obtains a credit report for employment does NOT obtain a credit score or FICO number. A credit score is not part of an employment credit report since it is not a valid predictor of job performance. However, as noted in an article in USA Today where ESR President Lester Rosen was quoted, credit reports have been strongly criticized for preventing some consumers from obtaining employment. http://www.usatoday.com/news/washington/2009-02-12-creditcheckinside_N.htm

The California legislature, in fact, passed a law in 2008 that would have severely restricted employment credit reports, but it was vetoed by the Governor and did not become law. The new Hawaii law is similar to a restriction passed in the State of Washington in 2007, that required a credit report to be substantially job-related and for the employer's reasons for the use of such information to be disclosed to the consumer in writing. http://www.esrcheck.com/newsletter/archives/June_2007.php#T2

It is likely that more states will be reviewing the use of credit reports and employment in the future.

This posting was provided by ESR Newsletter and Legal Update and Lester Rosen, Atty at Law.

New Study on Impact of Past Criminal Record on New Employment Creates More Questions than it Answers

A new study just released by researchers from Carnegie Mellon University has attempted to devise a model to quantify the relevance of a criminal record for employment on the basis that the importance of a past criminal record recedes over time when a person is not re-arrested. The study looks to develop a methodology to measure how much time must pass before an applicant with a criminal record is no greater risk than an applicant without a criminal record. (Blumstein, Nakamura, “Redemption in the Presence of Widespread Criminal Background Checks,” Criminology, Volume 47, Number 2 (2009))

The study, based upon limited data just from the state of New York, found that with time, a person with a criminal record was no greater threat than persons without a criminal record. It suggested that depending upon the offenses included in the study and the age at which the offenses were committed, that after approximately 4½ to 8 years without further arrests, an offender had a minimal risk of re-offending. Of course, the more violent the offense, the longer the time would be required before a person could be considered “redeemed.” Serious crimes such as murder, rape, or child molestation were not part of this particular study, but presumably more serious crimes would have a different result.

Although there is a temptation for the press to take “sound bites” from the findings, it is abundantly clear even from the authors of the study themselves that this is only a beginning. The authors were clear that much more study was needed and that there are substantial issues still to be addressed. The authors’ characterization that the study represents a “significant step forward in an area where so little is known empirically” is well-taken.

The study does not have nearly enough data to reach conclusions from which policy recommendations can be effectively made, has not been reviewed critically by other professionals, and most importantly has a number of drawbacks that can affect its reliability. Many of these limitations were acknowledged by the authors.  There are also unstated assumptions in the study that would certainly skew any results.

For a more in-depth analysis of why this study cannot be the basis to make policy changes, see a more complete analysis by ESR at: http://www.esrcheck.com/Blumstein-and-Nakamura-study-on-redemption-in-Criminology.php

This posting was provided by the ESR Newsletter and Legal Update and Lester Rosen, Atty at law.

 

BRB Publications Launches New Web Page www.verifyprolicense.com Providing Access to State Licensing Boards

BRB Publications annouced today a new website that enables the public to verify individuals and businesses required to be licensed or have a certification or registration.

This free, new resource enables a researcher to check the representations people make to the public in day-to-day personal or business life. Users of www.verifyprolicense.comcan choose an occupation or business category, by state, to find the direct address, phone number, and web page of the licensing or certification board. The resulting screen also provides a hot link to a License Validator to verify the license, permit, and registration information for individuals and or businesses. Another valuable feature of the search is that it often indicates when disciplinary action has been taken against an individual or business. This site is updated weekly and includes over 8,000 occupations with over 4,500 "name searchable" links providing immediate results.

According to BRB Publication’s CEO Michael Sankey, "Professional occupational licensing and non-voluntary certifications and registrations are generally a matter of public record, intended to protect the public from fraud and the misrepresentations of qualifications. It is simply a smart business practice to check on those with whom you deal, particularly if strangers come into a home, or if money and property are involved."

Also, the new website is dedicated to educating the public about The Sue Weaver C.A.U.S.E. (Consumer Awareness of Unsafe Service Employment).

About the Sue Weaver C.A.U.S.E.
On August 27, 2001, Sue Weaver was brutally raped and beaten to death by a twice convicted sex-offender. Ms. Weaver’s attacker was hired through a major department store to do service work in her home. In memory of Sue Weaver, C.A.U.S.E. was founded in 2004 as a non-profit organization that brings awareness and education to consumers and employers regarding the necessity of criminal background checks on all service employees, contractors and subcontractors hired to work in or near clients’ homes. For more information about C.A.U.S.E. visit www.sueweavercause.org.

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.

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.

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.

New Book Reveals How Employers Can Protect Their Businesses

A 25-Point Action Plan that Audits Hiring Practices...For Businesses of All Sizes

Tempe, Arizona – August 25, 2008 - Facts on Demand Press announces the publication of The Safe Hiring Audit by Lester S. Rosen, Esq., with Michael Sankey.  Hiring new workers is a complicated task. This new book teaches business owners and hiring managers how to perform an effective evaluation of their current hiring practices, identifies necessary changes, and instruct how to implement needed changes.

Laws associated with hiring have sought to achieve a balance between protecting privacy and due diligence. Using the Audit’s action plan of best practices assists a company’s compliance with key federal and state hiring laws, thus helping keep the company out of court and the workplace safe. According to Rosen, “All companies must periodically audit their employment practices to insure due diligence and compliance with discrimination and privacy laws, and determine whether an organization is using the current best policies, practices and procedures.” Rosen added that an effective audit can help establish legally defensible practices for dealing with potentially problematic applicants.

Author Lester S. Rosen is an attorney-at-law and founder of Employment Screening Resources (www.ESRcheck.com), a national pre-employment background screening firm. He also is the author of The Safe Hiring Manual, the first definitive book on background checks and safe hiring, and The Safe Hiring Course, the only online educational course available in the U.S. specifically for the background screening industry.  Michael Sankey is the founder and CEO of BRB Publications, Inc. (www.brbpub.com), and is author or editor of over 40 publications including Public Records Online, The MVR Book, The Sourcebook to Public Record Information, and The Public Record Research TIPS Book.

More information on The Safe Hiring Audit.

Company Unveils List of 2009 Background Screening Trends

News Release:  employeescreenIQ, an employment screening company, announced its 2009 list of 10 background-screening trends at the Society for Human Resource Management's Annual Conference and Exposition in Chicago. The list is designed to provide hiring professionals with information about important screening topics in preparation for the upcoming year.  See Full Report.

Audit Your Pre-employment Screening Practices

The Safe Hiring Audit, a book available June 23rd, provides a blueprint to evaluate and improve a company's hiring procedures. Companies of all sizes can identify potential problems and insure compliant hiring practices. This essential guide provides a step-by-step action plan to evaluate current hiring practices and help businesses avoid potential problems.

• Assess all company procedures in the hiring process
• Establish legally defensible practices for dealing with potentially problematic applicants
• Developed for both the small business owners and managers of large corporations

The Safe Hiring Audit is a practical resource for business owners, HR professionals, hiring managers, and security professionals – anyone with hiring responsibilities.   It is written by Les Rosen and Michael Sankey and published by Facts On Demand Press an imprint of BRB Publications, Inc.

Click Here for more information.