BRB's Public Records Blog

Public Access in Erie County, New York

The public access computer in Erie County, NY court was removed in June. Prior to removal, the court had a public computer located in the basement of the County Clerk's office available to the public, which contained their criminal index. Due to this recent removal, the public can no longer review or search the court’s criminal index independently. Individuals seeking to perform record searches are referred to the New York State Office of Court Administration, also known as OCA. Searches performed by the OCA are $95.00 each. Alternatively, if you know the case number, the clerk can provide you with a certificate of disposition at $5.00 per case. There are only two clerks at this court, which may not allow them to accommodate large requests. A member of the clerk's staff shared that the removal of the terminal was due to a statewide decision that will cause any remaining public computers across the state to be removed. No time frame was provided. To note, most courts do refer requestors to the OCA, so this is not something altogether new in New York. It does, however, create a barrier to what was a simple process. Additionally, it causes delays and added expenses to the process. If you are not familiar with OCA, you can learn more by visiting https://ww2.nycourts.gov/apps/chrs/index.shtml.

Pennsylvania Driving Record Fee

On July 1, 2023, the fee to obtain a Pennsylvania driving record increased from $12.22 to $14.00. This increase, mandated by Act 89 of 2013, affects both manual and online requests. Additionally, the cost for certification has increased from $38.00 to $44.00. Note that certifications can only be requested in person or by mail.

BRB has a list of all State MVR Fees available at https://www.mvrdecoder.com/driving-record-fees.

Missouri Court Documents Now Online

Court documents filed on or after July 1, 2023, are now available online to view, download, and print in certain counties. Previously access to view any documents was only available at each individual courthouse using the public access terminal or with the assistance of court staff.

Missouri is utilizing its online case management system, CaseNet, to provide the expanded access to court documents in a scheduled rollout. See the chart below to learn when each county will have documents available. Please note that at this time, only documents filed on or after July 1, 2023, will be accessible and not all historical records.

Note: There are strict redaction requirements in place for anyone filing a document. This includes the following personal identifying information: SSN, DOB, Driver License number, and State ID. These redaction requirements help ensure that the public’s privacy and safety are not compromised.

On or after July 16th	Circuits 1-11: Adair, Andrew, Atchison, Buchanan, Carroll, Chariton, Clark, Clay, Gentry, Grundy, Harrison, Holt, Knox, Lewis, Linn, Marion, Mercer, Monroe, Nodaway, Platte, Putnam, Ralls, Ray, Schuyler, Scotland, St. Charles, Sullivan, Worth
On or after August 20th	Circuits 12-21: Audrain, Boone, Callaway, Cass, Cole, Cooper, Franklin, Gasconade, Howard, Jackson, Johnson, Lafayette, Montgomery, Osage, Pettis, Randolph, Saline, St. Louis, Warren
On or after September 17th	Circuits 22-29: Barton, Bates, Benton, Camden, Cedar, Dade, Henry, Jasper, Jefferson, Laclede, Madison, Maries, Miller, Moniteau, Morgan, Phelps, Pulaski, St. Clair, St. Francois, St. Louis City, Ste. Genevieve, Texas, Vernon, Washington
On or after October 22nd	Circuits 30-46: Barry, Bollinger, Butler, Caldwell, Cape Girardeau, Carter, Christian, Clinton, Crawford, Dallas, Daviess, Dekalb, Dent, Douglas, Dunklin, Greene, Hickory, Howell, Iron, Lawrence, Lincoln, Livingston, Macon, McDonald, Mississippi, New Madrid, Newton, Oregon, Ozark, Pemiscot, Perry, Pike, Polk, Reynolds, Ripley, Scott, Shannon, Shelby, Stoddard, Stone, Taney, Wayne, Webster, Wright

 

More About CaseNet

Missouri CaseNet, is an online system for access to civil, probate, traffic/municipal, infraction, *paternity, *adult & child protection, and criminal docket data. The system includes all Circuit Courts, City of St. Louis, the Eastern, Western, and Southern Appellate Courts, the Supreme Court, and Fine Collection Center. A number of Municipal Courts also participate.

There are a variety of searches available, including by name, case number, attorney, and date filed. One cannot search by DOB. CaseNet search results show full name and address, and only the year of birth, if available. Results will provide year of birth for criminal but not for civil, family or judgments. Note the following statement found at the web page:

    The information available on Case.net is provided as a service and is not considered an official court record.

The CaseNet system is what the counties’ courthouse public access terminals show on their screens, therefore an online search of CaseNet is considered to be equivalent to an initial search of the public access terminal at the courthouse.

 *paternity (only if judgment is against litigant), *adult & child protection (dismissed cases are not listed)

2023 PRRN Membership Directory Now Available

The 2023 edition of the PRRN Membership Directory is now available (for free)! The Public Record Retriever Network (PRRN) consists of more than 250 companies & individuals who provide hands-on record research and retrieval throughout the US.

 

Visit https://prrn.us to find a retriever and download a copy of the eBook.

 

Online Court Records on Statewide Judicial Systems

Every state has a judicial branch that oversees that state’s trial and appellate court system. The agency's name will vary, but it is often known as the Administration Office of the Courts (AOC) or State Court Administrator’s Office.  

Knowing about this agency and its online services is important because more counties and courts are online via AOC sites than from the individual county-based systems. Consider these overall statistics about states’ judicial systems:

• 28 States Offer Online Access to Both Civil and Criminal Records
• 4 States Offer Access to Only Online Civil Records
• 16 States Have Online Access to Neither

A search from one of these court systems can be a particularly useful criminal record search tool in those states that do not permit a search at the state criminal records repository agency.

Of course, these court systems can be useful in those states that do offer access to the state criminal records repository agency because often the court data is usually much more current than from the repository – especially when not submitting fingerprints.

But just because the records are online - does that mean this site is the primary source for record searching?  The answer is a very strong  “no.”

These Systems are Not Created Equal - Know the State-by-State Variations

Anyone conducting research online must be aware that the value of a “statewide” court search varies by state. Consider these evaluation points:

• Is there a cost? Some systems offer free and paid search options. While many of the free searches are good, the adage “you get what you pay for” can certainly apply here.
• Is the search a statewide search? Some systems are said to be statewide, however, all counties may not be on the system.
• Is the throughput posted and is there uniformity? For example, one county may have cases dating back seven years, while another county may have only two years of history.
• Are Identifiers shown? The lack of identifiers to properly identify a subject varies widely from state-to-state. A lack of this is especially apparent in the free access search systems. Additionally, in some places verifiers that were previously available have been removed in recent years.
• And perhaps the most important evaluation point: Is an online search equivalent to searching onsite? The level of your due diligence and need for accuracy will determine if using an online site, that is in reality a supplemental search, is sufficient for your needs. This, of course, is true for ANY online site for ANY type of public record.

In-depth details about each state’s court system including a link to access each AOC database are contained in the Criminal Record Sources subscription product and in the Public Record Research System at https://brbpublications.com/.  

Do you need to know more about the online-onsite equivalency of a state’s AOC database or Criminal Repository? We have the only Online-Onsite Equivalency Matrix. Learn more at https://brbpublications.com/subscribers/criminal-record-sources.

Idaho’s Hefty Increase for Party Verification

In the fall of 2018, Idaho completed the transition of all forty-four counties from the legacy system, iStars (Data Repository), to their new online portal, iCourts. Due to this transition, users needing to verify the identity on a record were faced with a challenge. The legacy system iStars allowed users to search records by name and DOB statewide or by individual county, and by case number. On the new portal, iCourts, users lost the functionality to search by DOB. Users can search by name, including a phonetic search, and case type. Users may also include the booking number, FBI number, SO number, or filter by case type or status and file date range. The results only display a year of birth. Depending on need and depth of due diligence this may be enough, but not for a large industry of users.

Recognizing the gap it caused in the verification process, in 2019, the Supreme court released a Party Verification site. On this site, registered users were then able to search by party to verify the date of birth on file. In case you aren’t familiar with this site, it can be found at https://idcourts.service-now.com/public. Below are some of the parameters for using the site:

• Data verification is available on cases from 1995 to present. Note that some information for older cases may be available on this site.
• The site provides the capability to verify an unlimited number of parties in one search. You must provide the following for each party:
• Subject's name, may include up to 6 variations of the first name
• Date of birth
• Specific case number(s), may include up to 16 case numbers per party
• Will only verify the information provided
• Please note that there is a strong disclaimer that includes the following, "THE SERVICE IS DISTRIBUTED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE."

At the time of release, the cost was $6.00 per party. Fast forward nearly three years later, the fee for using this service has more than doubled. Effective January 1, 2022, the price increased to $16.00 per party. An alternative to paying the fee would be to have a court clerk verify identity. Although, I don’t know if any courts are providing since this service has become available.

 Court News

 

Phase II Coming Soon

Following a year-long delay, the King County District Court in Washington plans to launch the second phase of their KCDC E-Filing Portal to the public. Phase I, which launched in late 2017, was the first introduction of the KCDC E-Filing Portal. The initial rollout included the e-filing of cases initiated with a civil summons and complaint, for filings of a foreign judgment, for filings of a money judgment from a District or Municipal court, for petitions to challenge a drug-based property forfeiture, and petitions for the return of animals. Phase II will include the mandatory e-filing of pleadings in criminal, infraction, and all civil cases not already being e-filed. Additionally, users will see improvements to the docketing, calendaring, and document indexing features of the system.

Phase II, now set to launch on November 2, 2020, was originally set to October 19, 2019. The original release was delayed due to challenges that were encountered in configuring the new system. Hopes are high that the second phase of this project will deploy as expected. The live E-Filing Portal can be found at https://kcdc-efiling.kingcounty.gov/ecourt/. To learn more about the Phases and which types of records are included visit https://www.kingcounty.gov/courts/district-court/eFiling.aspx. Note: This page does not appear to be kept up to date but is a good resource for one wanting to learn more about each phase.

 

New Jersey's Online Access Expanded to Include Promise Gavel

Since the onset of the Covid-19 pandemic, in-person access to courts in New Jersey has been limited and, in most places, non-existent. As of July 27, 2020, for the first time, criminal case records from the Promise Gavel system were made available online via the courts Electronic Access Program (EAP).  The content provided through this access portal is the same as users would find if visiting the courthouse and using the public access terminal. This is what BRB would refer to as being online/onsite equivalent.

The convenience of online access does come at a price, a high one at that. The cost is $4 per minute, yes minute. The web-based public access portals (ACMS, Judgment, eJOC, and eCourts) will remain available to users at no charge. Those interested in subscriber access to EAP must register with the Superior Court Clerk’s Office and also establish a Judiciary Account Charge System (JACS) account. Registration is required both for new users and existing users to access the Promise Gavel criminal case data. To register as an EAP subscriber and review the FAQ, visit https://njcourts.gov/courts/superior/eap.html. To set-up a JACS account visit https://njcourts.gov/attorneys/jacs.html.

There is no definitive word as to when in-person access to public access terminals and public viewing rooms will be made available again.

 

Maine eCourt to Expand Online Offerings

Maine eCourts, the state's online court case management system, will be expanding its online offerings this fall. The courts included in the expansion are the Bangor District Court and the Penobscot County Superior Court. Cases to be included will be many types of civil cases and family matters.

Currently, the state has already made available online record search capabilities for all Traffic Violations statewide along with some eFiling. Expect to see more types of cases becoming available within the coming years. The Administrative Office of the Courts announced recently that it plans to make the system available for all case types in all trial courts statewide by 2022.

The Public Record Update

Just Released – Expanded Search Option Now Available in Virginia

The Office of the Executive Secretary, Supreme Court of Virginia recently released a new Online Case Information System (OCIS 2.0). The site allows users to perform *statewide searches for Criminal and Traffic case information found in both the Circuit & General District courts. *Note, there are two courts whose records are not provided on this system - Alexandria Circuit Court and Fairfax Circuit Court. The site is displayed as being statewide on the court’s website; however, due to the exception of these courts the site doesn’t completely qualify as being statewide. Access to the records from the two courts of exception (Alexandria Circuit & Fairfax Circuit) is provided on an individual basis through a web platform that these courts offer on an individual basis.

The possibility of this type of case management system was first mentioned in 2018 with the passing of House Bill No. 780. Now, just over a year later, it has been released to the public. OCIS 2.0 is found at https://eapps.courts.state.va.us/ocis/landing/false. Searches can be conducted by name or case number. The contents of the cases found on this system will match what’s found when searching the legacy case management system, OCIS. Depending on the user’s needs, the new system OCIS 2.0 will save a great deal of time when performing research.

As with any new remotely accessible court data system, conducting due diligence to determine usability is highly recommended.

 

Pennsylvania Clean Slate Act

With the passing of HB 1419 in 2018, Pennsylvania amended its legislation that determined how citizens could have a record sealed. HB 1419, commonly referred to as the Clean Slate Act allowed for the implementation of an automated system that reviews criminal cases of public record and determines their eligibility for sealing. In prior years, defendants who petitioned the court could have their low level, non-violent misdemeanors sealed. However, this newest revision to the legislation allows for automatic sealing of records without any action by the defendant.

On June 28, 2019, the automated system became operational. It is estimated that between now and June 2020, nearly 30 million records could be sealed. Here are the qualifying categories that each case must fall within to be considered:

Non-Conviction Records

• Charges Dropped
• Found Not Guilty

Non-Violent Conviction Records

• Summary Offenses
• Minor Misdemeanors

Cases will not be considered for seal unless the defendant has been crime-free for 10 years. Additionally, all fines and costs must be paid in full. Once sealed, the records will no longer appear on public records, but they can still be seen by law enforcement and the courts. A good resource to learn more about the Pennsylvania Clean Slate Act is found at https://mycleanslatepa.com/.

 

Pilot Program Launched in South Dakota

South Dakota is currently piloting a new case management system called eCourts. Once released to the public, this system will allow access to court case information and certain document images from any computer, after an account is established. Users will be able to view and download pages for $.10 per page. For this reason, the system is noted as being similar to PACER (Public Access to Court Electronic Records), the system provided by the Federal Judiciary to access federal appellate, district, and bankruptcy records.

The benefits of this new system beyond accessibility is users can search by name, date of birth, county, and the offense date range. The public access computers currently available in the courthouses only allow searching by case number. Requestors wanting to obtain a complete criminal history must submit a request to the clerk and pay $20.00 per name.

At this time, it is unclear what types of case details and documents will be provided to the public once eCourts is officially released in late 2019/early 2020.

To learn more about eCourts visit https://ecourts.sd.gov/Account/Login.aspx?ReturnUrl=%2f and view the Help tab at the bottom of the page. An informative article about this pilot program can be found at https://rapidcityjournal.com/news/local/crime-and-courts/south-dakotans-will-soon-be-able-to-access-court-records/article_7be2d9fc-ccc9-503b-ad86-5a4094a452c2.html

 

Wolf Point Justice Court (Roosevelt County, MT) Now Charging for Record Searches

Criminal & Civil record searches in the Wolf Point Justice Court (Roosevelt County, MT), that were previously free, will now cost $5.00 per name. This fee includes a 10 year search. For extended year searches, the court charges $1.00 per additional year requested. Please note that the clerk's assistance is needed to obtain a record search in this court. There is not a public computer nor are there any other materials available to the public for searching.

Decentralization of Small Claims In CT

Effective Monday, October 16, 2017, the Centralized Small Claims Office located at 80 Washington Street, Hartford, CT 06106 will be closed. Any new small claims cases filed on or after Friday, September 1, 2017, either paper or electronically, will have an answer date after October 16, 2017, and will be transferred to the small claims docket at the appropriate judicial district or housing session location.