BRB's Public Records Blog

About Online Access to Public Records

Three important facts—

Less than 50% of the available public records from the government can be found online.
Usually the searchable and viewable information found online is limited to name indexes and summary data rather than document or document images. Most free access sites permit the former, not the latter.

Most free government public record websites that provide index searches list no personal identifiers beyond the name.

© excerpt from The Sourcebook to Public Record Information

Dispelling the Myths of Searching Public Records Online

There is no Free Lunch!

Tempe, Arizona – September 17, 2008 –The scope of information that exists online about people and businesses is staggering. If one needs to search for a public record or to do a background check, one merely has to Google and the problem is solved, right? Not so fast, according to authors Cynthia Hetherington and Michael Sankey. Their new book – The Manual to Public Records Online – reveals how public records and public record searching websites are not created equal, and teaches how to professionally use government and vendor online resources.

According to the authors, “There are four important truths about searching public records online from government agencies—
1. Less than 50% of the available public records from the government can be found online.
2. Government sites can be free or fee-based. Generally, the fee-based sites are more robust. 
3. Most free government public record websites contain no personal identifiers beyond the name.
4. Usually the searchable and viewable information found online is limited to name indexes and summary data rather than document images. Most access sites – especially the free access sites – permit the former, not the latter.”

The authors also present public record searching guidelines when using sites maintained by private entities. The public is often fooled by websites that tout misconceptions or unrealistic features. The Manual gives an information edge on how to evaluate sites and also on the best sites to use based on topic or record category.  The 600 pages of insight and evaluation place the reader on the right path to become an expert.

 Cynthia Hetherington, a licensed private investigator and President of the Hetherington Group, is a nationally known speaker and she is author of Business Background Investigations.  Michael Sankey is the founder and CEO of BRB Publications, Inc. and he is author or editor of more than 60 publications including The Sourcebook to Public Record Information and The Public Record Research TIPS Book.

The table of contents can be found at www.brbpub.com/books/toc/

Urban Myths Continued. Courts Destroy Criminal Records That Have Been Set Aside or Expunged

Posted with permission from ESR Newsletter and Legal Update, a newsletter by Lester S. Rosen Esq. and Employment Screening Resources (ESR), www.esr.com

An Urban Myth that can surprise job applicants is that after a judge vacates, expunges, sets aside, defers the adjudication or otherwise judicially erases a criminal record in some fashion, the records disappear and can never be found.

With limited exceptions, the general rule is that the government does not destroy records.  In the typical scenario, even if the judge orders a set aside, the consumer’s name can still be found by searching the court indexes and the case can still be viewed as a public record.  As a general rule, the only way that a background firm knows that there has been a judicial set aside is to examine the court file where all court orders should be noted.

Of course, each state is different but as a general rule, unless an applicant has been advised by an attorney that the criminal case will be sealed and physically not available anywhere, applicants need to understand that even a criminal case that they thought was erased may still show up.

Even in those situations where the court has ordered the case sealed, the damage may already be done since the record of the case may already reside in a commercial database.  If a background firm locates the case in a commercial database, then the background firm has certain obligations under the federal Fair Credit Reporting Act and similar state laws.  A background screening firm is required to either notify the applicant that a criminal record is being provided, or must pull and examine the actual court file to ensure accuracy.  For employers that want to avoid finding out about criminal records that have been judicially set aside, the best practice it make sure you are working with a screening firm such as Employment Screening Resources that automatically pulls the court file whenever there is a database match to make sure the criminal record is complete, accurate, up to date, applies to your applicant and is reportable.