BRB's Public Records Blog

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.

Fee to Record Documents in Iowa Increases

Effective July 1, 2009, the electronic transaction fee to record most documents at an Iowa county recorder’s office will increase from $1.00 to $3.00 per record transaction. The purpose of the fee increase is to pay for the redaction of Social Security Numbers from records obtained at www.iowalandrecords.org. The fee does not apply to a military separation or discharge record, a birth record, a death certificate, or marriage certificate unless such record or certificate is incorporated within another document or instrument that is recorded and displayed for public access on a website. The fee is scheduled to stay in effect until June 30, 2011 when the fee will be reduced by $2.00.  The fee increase is part of Senate File 465 - see SF 465 at http://www.legis.state.ia.us/index.html.

Wisconsin Driver License Status Check

Check the status of a Wisconsin driver license free at www.dot.wisconsin.gov/drivers/online.htm. The status can be requested using the DL, or by SSN/DOB, or name/sex/DOB.

 
© excerpt from The 2009 MVR 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

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?? 

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

Wyoming Courts

Each county has a District Court of “higher jurisdiction” and a Circuit Court of limited jurisdiction. Effective January 1, 2003 all Justice Courts became Circuit Courts and follow Circuit Court rules.

Circuit Courts handle civil claims up to $7,000 and small claims to $5,000. The District Courts take cases over the applicable limit in each county.

Three counties have two Circuit Courts each: Fremont, Park, and Sweetwater. Cases may be filed in either of the two court offices in those counties, and records requests are referred between the two courts.

Municipal courts operate in all incorporated cities and towns; their jurisdiction covers all ordinance violations, DUIs, and some misdemeanors, but no civil jurisdiction. The Municipal Court judge may assess penalties of up to $750 and/or six months in jail.

Probate is handled by the District Court.

© excerpt from The Public Records Tips Book.

About New Jersey's Promise/Gavel System - Beware of Shortcomings

Originally developed for county prosecutors, the Promis/Gavel is an automated criminal case tracking system that provides the function of docketing, indexing, noticing, calendaring, statistical reporting, and case management reporting, etc. Promis/Gavel is interactive with the courts as well as with the NJSP. But rules do not allow the public to access the complete Promis/Gavel system—only a filtered Promis/Gavel Public Access (PGPA) system is available to the public on the public access terminals in the courts. Also, the PGPA does not include contain offenses or petty offenses recorded in 530+ municipal courts, unless they are filed with indictables. The more serious of these petty offenses include drug offenses, violence, theft, sexual assault, and pedophilia. An AOC press release about the PGPA states, “The court records obtained from Promis/Gavel do not constitute a criminal history records check, which must be obtained through law enforcement.” 

However, because of the simplicity of access and cost, the PGPA is the system of choice for many pre-employment screening companies.

A quick "did you know" about NJ - Cape May County offices are located in the City of “Cape May Court House,” and not in the City  of “Cape May.”

© excerpt from Business Background Investigations book.

Montana Secretary of State Records

Several changes went into effect on October 1, 2008 for the office of the Montana Secretary of State. The fee increased for copies and fax-back services for corporation and other business entity records, and for UCC filing records. The new copy fee is now set at a flat rate of $5.00 for copies per search or file. Previously the rate was $.50 per page.  The Secretary of State will return copies or documents via fax. The new fax-back rate is a $5.00 flat fee. Previously, the fee was $3.00 for the first 10 pages then $.50 for each additional page.
 
A complete list of all fees, including all filing and search costs, is found at http://sos.mt.gov/BSB/forms/fees/Business_Filing_Fees.pdf.

MN Public Record Research Tip

Minnesota offers the Trial Court Public Access (MPA) at http://pa.courts.state.mn.us/default.aspx. Search statewide or by county. Records available include criminal, civil, family, and probate. Searches can be performed using a case number or by name. Calenders can be looked-up by district at www.mncourts.gov/default.aspx?page=512.

But there are a number of caveats - certain publicly-accessible case records cannot be viewed online.

Electronic copies of public documents filed by parties also cannot be viewed online at this time. Name searches for criminal case records will not return pre-conviction criminal records.  A statewide case inquiry may exclude district courts that have not yet converted to the system. Also, the public access terminals found at the courthouses do not use this system. For example, party street address and name searches on criminal pre-conviction case records are publicly accessible and available at the courthouse, but not online. The federal Violence Against Women Act (VAWA) also prevents the state from displaying harassment and domestic abuse case records online, but these are available at the courthouse. Comment fields for all case types are not available online but are available at the courthouse. Online users are not notified when such public data is restricted from online viewing.

The bottom line is the public access terminals found at courthouses are still the most accurate searching locations. In Judicial Districts (arranged by number and often covering several counties) many court's public access terminals contain court records for that entire district. The online system is supplemental at best.

© excerpt from The Public Record Research TIPS Book