Top lawyer joins defense of John Edwards
A powerhouse Washington lawyer said in an interview Thursday that he is advocating with critical “decision makers” at the Justice Department and in Raleigh on behalf of John Edwards, the former senator and presidential candidate who is the subject of a federal criminal investigation.
Published Mar 4, 2011.
Read more: The News & Observer
How To Conduct Criminal Background Checks
WHY CONDUCT A CRIMINAL BACKGROUND CHECK?
Prospective employers, landlords and business people ask this question when considering an individual for employment, property rental, or as a business associate. Follow through with a criminal records check to be absolutely certain that the person under consideration is as trustworthy as they may appear to be in an initial interview or a check of their paperwork.
THE IMPORTANCE OFA CRIMINAL RECORDS CHECK
1) Workplace Violence – Acts of violence against a co-worker can be devastating. Even the simple threat of violence can cause panic or havoc. A criminal background check may reveal a record of past violence, which might be a deciding factor concerning a person’s character, as often there is a propensity to re-offend in the future.
2) Negligent Hiring – Employers have been the subject of large jury verdicts for negligent hiring in cases where they hired a person with a criminal record who later harmed others. An employer can be found liable for negligent hiring.
3) Employers Legal Duty – To insure a safe workplace, employers should exercise due diligence in the hiring process. Checking criminal records demonstrates due diligence. The same need for due diligence can be applied to landlords if they rent to a tenant who later is proven to have been responsible for property loss, damage or violence against others.
4) Childcare Institutions, Nursing Homes, and Hospitals – Caregiver institutions should exercise extra caution when recruiting personnel. Does the prospect have a record of child molestation or a history of violent behavior or drug abuse? These institutions can be held liable for any harm brought to their clients or patients by an employee who was not properly screened. Jury awards in such cases can be devastating to the institution.
5) Government Contractors – Industries that execute government contracts should not hire employees with an anti-establishment disposition or with a felony record or a terrorist connection. Conduct criminal background checks for both national security and to guard against loss of contracts.
6) Neighborhood Communities – Community watch groups or homeowner’s associations should conduct criminal record checks to assure that individuals planning to move in do not have a criminal background.
7) The Internet – The biggest dangers one confronts online are frauds and sex crimes. Face-to-face meetings set up after online acquaintances develop can end up as an unpleasant or dangerous experience for one party.
CRIMINAL RECORDS CHECK: BASIC INFORMATION
Subject’s FULL name, aka’s. Date of Birth (DOB). Offenses/dates. Dispositions or convictions/dates.
Criminal records information is obtained from county and state criminal court records, federal fugitive files, DOC files, and sex offender databases. Each level of search provides important information:
1) County Criminal Searches – This search offers the most current detailed information, as it is being retrieved from the source. Note: If a crime was committed in another county your search will not reveal the crime committed in that county. Search the records in each county where the applicant is known to have lived or worked.
2) County Criminal Databases – Not all counties maintain their criminal records on database. If a name match is made, the actual records must still be retrieved for review from the county courthouse. In many jurisdictions, older records have been placed in storage
3 Felonies & Misdemeanors – Most counties maintain separate records for felonies and misdemeanors. In some counties felony and misdemeanor records are maintained in a combined index. Felonies are the more serious crimes that carry a greater potential punishment, but misdemeanor convictions can include assaults, threats, weapons charges, and drug or alcohol related crimes. Don’t assume that misdemeanors are simply related to traffic laws or noise ordinances.
4) Department of Corrections (DOC) – The state DOC search yields information about current and past incarceration.
CONDUCTING THE RECORDS SEARCH
Criminal records are indexed by name and DOB. Make sure the name and DOB are correct! Run a database name search and address history BEFORE attempting criminal records search.
Fact: Crimes are usually committed near the perpetrator’s home. Forty-three percent of inmates spend time in prison for crimes committed in their own neighborhoods.
The task of searching records can seem daunting. The good news: there are public record researchers at every courthouse in the United States. It is their job to provide assistance for those not familiar with utilizing court records. You’ll need full name and DOB.
Ask: “Which jurisdictions are included within the state I’m searching?”
Computerized Records – Most jurisdictions have computerized their criminal records.
Criminal Records Accuracy – Not all statewide records depositories are accurate. Some statewide systems are only clearing houses for those counties that choose to deposit records.
Driving Records – Department of Motor Vehicle driver history records are available, but you’ll need a permissible purpose for requesting the records. If the prospective employee will be driving as part of their job performance, and will be using a company owned vehicle, run this check.
IMPORTANT RECORDS TERMINOLOGY
1) Nolle Prossed ‘means, “We shall no longer prosecute.” It is an admission by the prosecution that there is a lack of evidence to pursue the case. It is also used in plea bargains. It is different than a “dismissal” because the prosecution drops the charge; not the judge.
2) Adjudication’ This is an agreement between the defendant and the courts to clear the charge from the docket. For this to occur, the defendant has agreed to complete some sort of arrangement, such as a fine, community service, etc. If the defendant fails to hold up his or her end of the agreement, he or she will be convicted of the charge and sentenced accordingly.
3) Disposition – The final settlement of a matter, and represents a judge’s ruling, regardless of the level of resolution. In a criminal procedure, disposition is the final settlement of a criminal case.
4) Sentence- The punishment for the crime, a judgment formally pronounced by the court or judge upon the defendant after his/her conviction in a criminal court, which dictates the punishment to be assigned. It can vary from a fine to incarceration or probation. The term “sentence” is only used in criminal proceedings. In civil cases, the terms “judgment”, “decision”, “award”, “finding”, etc., apply.
NATIONAL DATABASES
United States District Courts – The federal court system is entirely separate from the state court systems. Federal crime can be offenses such as large-scale drug cases, bank and financial fraud, or other violations of federal laws. Depending upon what county and state records searches uncover, it may be important to check into federal records to gain a full and accurate picture of a subject’s criminal activity.
Criminal indexes are also maintained at county/parish, township/city levels throughout the USA.
National Crime Information Center (NCIC) – Contrary to popular belief, there is no national database of criminal records available to private citizens or employers, therefore, there is no such thing as a national criminal records check. There is one “nationwide” criminal database, the FBI’s National Crime Information Center (NCIC), accessible only criminal justice agencies, the FBI and state law enforcement.
National Wants and Warrants: One may search for individuals who have outstanding and extraditable Federal and State warrants in the USA.
INFORMATION PROVIDERS
When engaging the services of an information provider, look for a good public records research company that has direct connections to multiple proprietary databases and a nationwide network of skilled on-site court researchers to compile complete criminal background checks.
DENIAL OF EMPLOYMENT
Because a prospective employee’s name shows up in a criminal records database does not necessarily mean that this person should not be hired, especially if he or she is qualified in every other manner. An employer should not automatically deny employment based upon discovery of a criminal conviction, but should consider the nature of the offense, whether it is job related, when it occurred and what the person has done since.
Most employment applications contain language that the conviction for a crime will not automatically result in a denial of employment. Automatic disqualification could be a violation of state and federal discrimination laws. An employer may deny employment if it can be justified as a business-related reason or if there has been a lack of honesty during the application process. Denial based upon a history of violence, sexual offenses or other serious criminal acts may be justifiable depending upon the prospective applicant’s duties, if hired.
Often, it is not the criminal record itself that disqualifies the applicant, but rather the lack of honesty regarding the completion of their application.
A person with a criminal record faces challenges in seeking employment. The employment application will ask if a person has a criminal record. If the person lies, they risk being terminated if a criminal record is later discovered. If the person admits the past misconduct, there is a risk of not being hired.
The best indicator of future job performance is past job performance. Ex-offenders are anxious to get back into the workforce to start making a living. Past job performance evaluations from former employers should also be taken into consideration.
Originally published here.
Joe Hoover