The Background Investigator January 2012 edition


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The Background Investigator January 2012 edition

  1. 1. Volume 12 Number 1 January 2012 By Michael Liedtke A clerical error landed Kathleen Casey on the streets. Out of work two years, her unemploy- ment benefits exhausted, in danger of losing her apartment, Casey applied for a job in the pharmacy of a Boston drug- store. She was offered $11 an hour. All she had to do was pass a background check. It turned up a 14-count criminal in- dictment. Kathleen Casey had been charged with larceny in a scam against an elderly man and woman that in- volved forged checks and fake credit cards. There was one technicality: The com- pany that ran the background check, First Advantage, had the wrong woman. The rap sheet belonged to Kathleen A. Casey, Article continues on page 2 Skokie, Illinois USA Courthouse PRSRT STD Photograph by Steven Brownstein U.S. POSTAGE PAID PERMIT NO. 164 MORTONGROVE, IL By Steven Brownstein CBS got it wrong. Thats after AP got it wrong. Maybe There Ought To Be A Correction. Complete List on Page 12 St. Thomas, St.Croix, St. JohnBook 128a (Jan 2012) Friday, December 30, 2011 07:33page 1 Composite
  2. 2. from peoples pasts is rate background checks. that figure has grown to When Their bought and sold as a com- "Theyre making it up as Dietrich says her firm more than 90 percent, ac- Criminal Past modity. they go along." fields about twice as many cording to the Society for complaints about inaccurate Human Resource Manage- Isnt Theirs, A system in which com- Two decades ago, if a background checks as it did ment. Continued from page 1 puters scrape the public county wanted to update five years ago. files of court systems someones criminal record, To take advantage of the around the country to re- a clerk had to put a piece of The mix-ups can start with growing number of busi- who lived in another town trieve personal data. But a paper in a file. And if you a mistake entered into the nesses willing to pay for nearby and was 18 years system in which what they wanted to read about some- logs of a law enforcement background checks, hun- younger. retrieve isnt checked for ones criminal past, you had agency or a court file. The dreds of companies have errors that would be obvi- to walk into a courthouse biggest culprits, though, are dispatched computer pro- Kathleen Ann Casey, ous to human eyes. and thumb through it. To- companies that compile grams to scour the Internet would-be pharmacy techni- day, half the courts in the databases using public in- for free court data. cian, was clean. A system that can damage United States put criminal formation. reputations and, in a time of records on their public But those data do not al- "It knocked my legs out precious few job opportuni- websites. In some instances, their ways tell the full story. from under me," she says. ties, rob honest workers of Digitization was supposed automated formulas misin- a chance at a new start. to make criminal records terpret the information pro- Gina Marie Haynes had The business of back- And a system that can leave easier to access and easier vided them. Other times, as just moved from Philadel- ground checks is booming. the Kathleen Caseys of the to update. To protect pri- Casey discovered, records phia to Texas with her boy- Employers spend at least $2 world — the innocent ones vacy, laws were passed re- wind up assigned to the friend in August 2010 and billion a year to look into — living in a car. quiring courts to redact wrong people with a com- lined up a job managing the pasts of their prospec- some information, such as mon name. apartments. A background tive employees. They want Those are the results of an birth dates and Social Secu- check found fraud charges, to make sure theyre not investigation by The Asso- rity numbers, before they Another common problem: and Haynes lost the offer. hiring a thief, or worse. ciated Press that included a put records online. But dig- When a government agency review of thousands of itization perpetuates errors. erases a criminal conviction A year earlier, she had But it is a system weak- pages of court filings and after a designated period of bought a used Saab, and the ened by the conversion to interviews with dozens of "Theres very little human good behavior, many of the day she drove it off the lot, digital files and compro- court officials, data provid- judgment," says Sharon commercial databases dont smoke started pouring from mised by the welter of pri- ers, lawyers, victims and Dietrich, an attorney with perform the updates re- the hood. The dealer vate companies that profit regulators. Community Legal Services quired to purge offenses charged $291.48 for re- by amassing public records in Philadelphia, a law firm that have been wiped out pairs. When Haynes re- and selling them to employ- "Its an entirely new fron- focused on poorer clients. from public record. fused to pay, the dealer ers. These flaws have dev- tier," says Leonard Bennett, Dietrich represents victims filed fraud charges. astating consequences. a Virginia lawyer who has of inaccurate background It hasnt helped that doz- represented hundreds of checks. "They dont seem to ens of databases are now Haynes relented and paid It is a system in which the plaintiffs alleging they have much incentive to get run by mom-and-pop busi- after six months. Anyone most sensitive information were the victims of inaccu- it right." nesses with limited re- looking at Haynes physical sources to monitor the ac- file at the courthouse in curacy of the records. Montgomery County, Pa., would have seen that the The industry of providing fraud charge had been re- background checks has moved. But it was still been growing to meet the listed in the limited infor- rising demand for the ser- mation on the courts web- vice. In the 1990s, about site. half of employers said they The website has since checked backgrounds. In been updated, but Haynes, the decade since Sept. 11, 40, has no idea Big Story continues PUBLISHER Steven Brownstein CONTRIBUTORS: Mike Sankey, Les Rosen, Dennis Brownstein, Faheem Ebrahim COVER PHOTOGRAPH: Skokie, Illinois USA Court COVER PHOTOGRAPHER: Steven Brownstein PURPOSE: “Dedicated to pre-employment screenings everywhere” The Background Investigator is published by Steven Brownstein, LLC, PMB 1007, Box 10001, Saipan, MP 96950. Phone: 670-256-7000. Copyright 2011 by Steven Brownstein. Some material in this publication must not be repro- duced by any method without the written permission of the copyright holder.Book 128a (Jan 2012) Friday, December 30, 2011 07:33page 2 Composite
  3. 3. In an effort to prevent bad onds. million selling the data last criminal records in bulk. It When Their information from being year. But officials discov- has moved to a system of Criminal Past spread, some courts are try- In the digital age, some ered that some background selling records one at a ing to block the computer states have seen an oppor- check companies were re- time. By switching to a Isnt Theirs, programs that background tunity to cash in by selling fusing to fix errors pointed more methodical approach, Continued from page 2 check companies deploy to their data to companies. out by the state or to update North Carolina hopes to how many companies scrape data off court web- Arizona charges $3,000 per stale information. eliminate the sloppy re- downloaded the outdated sites. The programs not year for a bundle of discs cord-keeping practices that data. She has spent hours only can misrepresent the containing all its criminal State officials say some has emerged as more com- calling background check official court record but can files. The data includes per- companies paid $5,105 for panies have been allowed companies to see whether also hog network resources, sonal identifiers that arent the database but refused to to vacuum up massive she is in their databases. bringing websites to a halt. on the website, including pay a mandatory $370 amounts of data in a single Getting the information re- Virginia, Arizona and drivers license numbers monthly fee for daily up- sweep. moved and corrected from New Mexico have installed and partial Social Security dates to the files — or they so many different databases security software to block numbers. would pay the fee but fail Virginia ended its sub- can be a daunting mission. automated programs from to run the update. The up- scription program. To get Even if its right in one getting to their courts sites. Other states, exasperated dates provided critical full court files now, you place, it can be wrong in New Mexicos site was by mounting errors in the fixes, such as correcting have to go to the court- another database unknown once slowed so much by data, have stopped offering misspelled names or delet- house in person. You can to an individual until a pro- automated data-mining pro- wholesale subscriptions to ing expunged cases. get abstracts online, but spective employer requests grams that it took minutes their records. North Carolina, which has they lack Social Security information from it. By for anyone else to complete been among the most ag- numbers and birth dates, then, the damage is done. a basic search. Since New North Carolina, a pioneer gressive in ferreting out and are basically useless for Mexico blocked the data in marketing electronic errors in its customers a serious search. "I want my life back," miners, it now takes sec- criminal records, made $4 files, stopped selling its Haynes says. North Carolina told the AP that taxpayers have been Haynes has since found "absorbing the expense and work as a customer service ill will generated by the manager, but she says that members of the commercial is only because her latest data industry who continue employer didnt run a back- to provide bad information ground check. while falsely attributing it to our courts records." Hard data on errors in background checks are not North Carolina identified public. Most leading back- some companies misusing ground check companies the records, but other cul- contacted by the AP would prits have gone undetected not disclose how many of because the data was resold their records need to be multiple times. corrected each year. Story continues page 21 A recent class-action set- tlement with one major da- tabase company, HireRight Solutions Inc., provides a glimpse at the magnitude of the problems. The settlement, which re- ceived tentative approval from a federal judge in Vir- ginia last month, requires HireRight to pay $28.4 mil- lion to settle allegations that it didnt properly notify people about background checks and didnt properly respond to complaints about inaccurate files. After covering attorney fees of up to $9.4 million, the fund will be dispersed among nearly 700,000 people for alleged violations that oc- curred from 2004 to 2010. Individual payments will range from $15 to $20,000.Book 128a (Jan 2012) Friday, December 30, 2011 07:33page 3 Composite
  4. 4. Background Check Filipino Health Care Workers The Philippines is one of the world’s largest exporters of health workers, making this one of the country’s most important exports. Know who you are hiring before they start. Straightline Internationals local staff provides complete XR2 background searches plus ALL public records in the Philippines. POINT TO POINT SERVICE Criminal Search Ask About Our PUERTO RICO “No Delay” Philippines Service The ‘XR2’ Puerto Rico search is your Call 1-866-909-6678 insurance that you are getting the best possible Or Fax 1-866-909-6679 results. Straightline International Shortest distance between you and the courts It is proven that police searches in Puerto Rico can contain more than 50% more missed hits than the XR2. The XR2 signifies a new plateau of search re- sults never before heard of. And no one else but Straightline offers the XR2. or anything similar. Shouldn’t you be offering your clients the best? Call 1-866-909-6678 Or Fax 1-866-909-6679 Alberta Nova Scotia Straightline International British Columbia Ontario Manitoba Prince Edward Islands New Brunswick Quebec New Foundland Saskatchewan Northwest Territories Yukon TerritoriesBook 128a (Jan 2012) Friday, December 30, 2011 07:33page 4 Composite
  5. 5. The Public Record Update News From Courts Hawaii Hawaii recently upgraded the electronic access to the states Circuit Court records though Hoohiki. Users of the system had been experiencing excessive waits and de- lays. The Judiciairy added additional slots which should alleviate much of the wait time. The long term plan is to replace Hoohiki with a new platform for Circuit Court information on the states Judiciary Information Management System. However, be aware there are gaps in time periods Hoohiki, depending on the Dis- trict. Also, these records are not considered "official" - there is a strong disclaimer at the site. It is advised to use caution if this site is the only source for FCRA compli- ant searches. See Nebraska These Small Ads The ability to electronically file probate case in any of the 93 counties has been added to the Nebraska Judicial eFiling system. This includes cases involving estates, Are Affordable guardianships, conservatorships, and trusts. Civil, criminal and juvenile case types are already part of eFiling. See Oklahoma The Oklahoma Supreme Court has modified an earlier position and has determined that the filing of court documents should include the full date of birth and the full DOB should not be excluded from public documents. An earlier decision would have limited the disclosure of this identifier. The Judiciary is in the process of developing a single statewide court database sys- tem. Eventually the public will have access to case information from all of the 77 county courts on one platform. Currently there are two systems that together provide case information online from 76 counties. At present, records from Cimarron County are not on either system. SAIPAN –GUAM For more information on the systems visit Criminal Research Call 1-866-909-6678 Or Fax 1-866-909-6679 Wisconsin Straightline International The Wisconsin Circuit Court Access system (WCCA) is a very popular public Micronesia online access mode for case and docket information. One of the drawbacks to the system is the lack of records from Portage county. Recently the WCAA announced the addition of Portage court records dating back 25 years. However, users should be aware this case information will not show up on the WCCA for several more months. The data is being slowly added while being checked for completeness and accuracy. A statewide WI check should still include an onsite search in Portage for the next several months. WCAA is accessible at We welcome your comments and observations about The Public Record Update Please address your comments to Michael Sankey at Making copies of any part of the Public Record Update© for any purpose other than your own personal use is prohibited unless written authorization is ob- tained from BRB Publications. Phone - 480-829-7475 Public Record Retriever Network - The CRA Help Desk - BRBs Free Public Record Resource Center - Motor Vehicle Record Decoder - BRBs Public Record Blog - BRBs Bookstore - BRBs Public Record Blog - www.publicrecordsblog.netBook 128a (Jan 2012) Friday, December 30, 2011 07:33page 5 Composite
  6. 6. in the Kansas City Star. A the Health Care Facilities third public servant with a Les Rosen’s group of Kansas City-area The victim was killed Workplace Violence Pre- criminal history has been Corner lawyers serving as counsel when the timber company vention Act (House Bill discovered this year. for the family of the man truck drivers trailer went 1992) was recently intro- A monthly column killed in the accident ar- across the center line while duced in the Pennsylvania Just days after revealing a By Lester Rosen, gued that the timber com- taking a curve in the road- House, according to a re- man who allegedly embez- Attorney at Law pany had negligently hired way and clipped another port from HealthCa- zled $16 million from the truck driver who caused vehicle, causing the tractor HB 1992 - a joint Queensland Health had a the accident without con- to cross the center line and effort by the Pennsylvania criminal history in New ducting a basic background strike another car head on Association of Staff Nurses Zealand, it was learnt that search that would have and veer directly into the and Allied Professionals Corrective Services has quickly revealed a history cab of the semi-truck (PASNAP) and State Rep- hired a prison guard con- of unsafe driving that in- driven by the victim, who resentative Nicholas Mi- victed of drug and weapon cluded having his license died from his injuries an cozzie (R-163) - requires offences. revoked twice. hour after the collision. The Pennsylvania hospitals and jury returned a unanimous other health care facilities The guard was handed a According to the press verdict that awarded $7 to take steps to protect job because a person ticked release, the case primarily million to the victims fam- health care workers from a wrong box during the involved the timber com- ily and found the timber suffering from workplace check process. pany truck drivers qualifi- company 75 percent liable violence that include secu- cations to drive a commer- and its driver 25 percent rity risks assessments, find- Jennifer Dann was em- cial vehicle and the timber liable. ing ways to create a safer ployed full-time by Queen- Jury Awards 7 companys failure to appro- workplace, and helping sland Corrective Services Million Dollars priately screen its drivers. "Background checks are a workplace violence victims in July and worked at the Evidence was introduced at necessary step in avoiding report incidents. Brisbane and Woodford to Family of the trial that the timber negligent hiring," says At- correctional centres. Truck Driver company truck driver never torney Les Rosen, the foun- Specifically, the Health should have been permitted der and CEO of Employ- Care Facilities Workplace Dann was sacked three Killed in Acci- to drive a tractor trailer ment Screening Resources Violence Prevention Act months later but only after dent in Negligent since he had lied on his ap- (ESR) and author of The would provide for concerns from an outsider plication and had received Safe Hiring Manual, a "violence prevention com- were raised that a woman Hiring Case two license revocations, comprehensive guide to mittees" in health care fa- with her criminal history previous infractions that the background screening. cilities, for their powers would be allowed to guard The family of a truck timber company could have "Even after the most dili- and duties, and for reme- prisoners. driver killed in a 2008 acci- easily discovered with a gent candidate selection dies. HB 1992 helps health dent in Arkansas was re- simple background search process, hiring someone care facilities develop a This follows a blunder in cently awarded $7 million that took only 15 minutes without conducting a thor- plan addressing risk factors, March when a Croatian in damages in a wrongful and cost $15. The deadly ough background check can train security personnel, man on Interpols most death lawsuit brought crash occurred only 19 days lead to major legal and fi- build staffing, and create a wanted list was discovered against a timber company after the truck driver was nancial ramifications for hospital "culture of safety." working as a state govern- and its truck driver in an negligently hired by the your company. If your new ment security guard after Arkansas Federal Court, timber company for the hire is dishonest about his The full text of Pennsyl- 18 months patrolling the according to a press release driving job. or her education, employ- vania House Bill 1992 (HB executive building and ment or criminal history, 1992) the Health Care Fa- courts. you could face the burden cilities Workplace Violence of having an unqualified Prevention Act is available The Government does not worker wasting time and at http:// undertake its own criminal resources or even having a checks, rather it sends violent employee in your CFDOCS/Legis/PN/Public/ names of applicants to the office." btCheck.cfm? Queensland Police Service, txtType=PDF&sessYr=201 which runs them through 1&sessInd=0&billBody=H the national criminal data- Health Care &billTyp=B&billNbr=1992 base Crimtrac. The infor- &pn=2761. According to mation is returned to the Facilities the text, "this act shall take departments for their as- Workplace effect in 180 days." sessment. Violence Here’s Why According to court re- Prevention Act cords, Dann has a convic- Straightline tion recorded at Caboolture Introduced in Mainly Uses The Magistrates Court in 2000 Pennsylvania for possession of a danger- Courts? ous drug and weapon as Read This: well as secure storage of a To promote a "culture of weapon. safety" in health care facili- ties and help protect health Fresh concerns have care workers from incidents emerged over the State Continues on next pagr of workplace violence in Governments ability to vet the state of Pennsylvania, staff after revelations that aBook 128a (Jan 2012) Friday, December 30, 2011 07:33page 6 Composite
  7. 7. "A review of the criminal police officer and The Cou- an investigation into the Barlow are outlined in the Why history checking estab- rier-Mail revealed he was failure to detect the illegal departments annual re- lished that an administra- wanted by Croatian au- transfer of millions of dol- ports. Straightline tion officer mistakenly thorities over drug and theft lars. Mainly Uses The ticked the incorrect box on convictions from 2004. Editor’s Notes a form, she said. But the decision sparked Courts, continued from pg7 Responding to the Gov- fresh calls for Health Min- Acting Corrective Services Ms Morrison said there ernments failure to pick up ister Geoff Wilson to be The article, “Why Commissioner Marlene was no evidence of impro- on Morehu-Barlows crimi- sacked as the Opposition Straightline Uses The Morrison acknowledged the priety during Danns tenure, nal history, Police and Cor- insisted the Bligh Govern- Courts” doesn’t do justice error and said the check did but did not say if other peo- rective Services Minister ment had a long record of to explain the errors and pick up her history and her ple with criminal histories Neil Roberts this week ac- blaming only bureaucrats. omissions of local, state, job application was re- had been employed as knowledged flaws with the and federal level police re- jected. However, an admin- prison guards. system. Police have charged Bris- cords and their databases. istrative error resulted in bane socialite and Health Danns employment after In similar circumstances, The three cases raise seri- purchasing officer Joel Last year, Straightline she sought a review. the Department of Public ous questions about the Morehu-Barlow with one tested thousands of Works only became aware State Governments han- count of defrauding the de- searches with both the court Ms Morrison said Dann of the past of security guard dling of employees crimi- partment of $11 million. and police records. worked full-time at Bris- Marino Katalinic, 36, after nal checks. bane Correctional Centre he held his job for 18 An investigation last year The closet study of this and Woodfood Correctional months. The latest revelations cleared him of any wrong- nature was performed in the Centre for three months but come as three senior health doing despite a detailed late 90’s by the State of was sacked the day after He was sacked on May 31 managers were stood down complaint, while payments Florida comparing name they found out. this year after he was found on full pay by Queensland of $4 million to a trading only checks to fingerprint guilty of impersonating a Health yesterday pending entity set up by Morehu- ID checks. All of us who were around then remember the results. Our industriy’s term, ‘false positive, came as a result of that study. But what we resulted in our test result was unex- pected and stunning. Do not bank on getting as many hits or any hits at all using police databases on a name check basis. The hit ratio from the court far exceeded the one from the state police by up to 50%. The test results are avail- able for those serious about criminal records. Contact Dennis Brownstein at 1-866-909-6678Book 128a (Jan 2012) Friday, December 30, 2011 07:33page 7 Composite
  8. 8. Understanding TRC - DUI ent jurisdiction - as of Are Printers An tions that make them oper- TRD - All other traffic vio- 2000, all MCT cases are ate more like computers. Ohio’s Case lations given the designation of Open Invitation Numbering CVH. To Steal? "These devices are com- Civil Division Special news pletely open and available System CVE - Damage to person On criminal and traffic to be exploited," says Co- and/or property cases, you will notice a four Columbia University re- lumbia professor Salvatore The three letter prefix CVF - Monetary damages (4) digit suffix indicating searchers have found a new Stolfo. indicates what type of case CVG - Eviction the number of charges in class of computer security it is. Below is a listing of CVH - Replevin the case. flaws involving printers For example, the research- the case categories: CVI - Small Claims that could impact millions ers showed how a hijacked CVJ - Rent Escrow All Criminal/Traffic cases of businesses, consumers, computer could be given a Criminal/Traffic Division CVK - Drivers license ap- are given the suffix "0101" and government agencies. command to continuously peals which means "one of one". heat up the printers fuser, CRA - Felony MCT - Court transfers to The researchers say that eventually causing the pa- CRB - Misdemeanor collect judgment in a differ- When more than one certain Hewlett-Packard per to turn brown and charge is filed simultane- (HP) LaserJet printers can smoke. ously, the case numbers be remotely controlled over increase to the number of the Internet, enabling com- The researchers also counts you are cited. puter hackers to steal per- found that printers auto- sonal information, attack matically accept software The case numbers given normally secure networks, updates from unknown are then put in order of se- and cause physical damage sources, making them vul- verity. to hardware. nerable to viruses that can be remotely installed. For example, if you are HPs Keith Moore says the stopped by a police officer initial research suggests the UK’s Definition and cited for going 10 likelihood that the vulner- miles over the speed limit ability can be exploited in Of Hireability and not having a valid driv- the real world is low. Undergoing ers license, your case num- bers would be similar to the However, the Columbia Changes following: researchers claim the secu- rity vulnerability is so fun- The UK government is no valid drivers license damental that it could affect considering widening the TRD-99-12345-0102 tens of millions of printers definition of a criminal re- speeding TRD-99-12345- and other hardware that use cord when employers de- 0202 flawed firmware. cide on a persons suitabil- ity to work with children. “Me Like A Straightline Very The firmware flaw runs Good Much “ embedded systems such as In a review into criminal computer printers, which records and vetting and bar- - Chinese Proverb increasingly include func- ring procedures, the gov- ernment’s independent ad- viser on criminality infor- mation management Sunita Mason wants to widen the definition to include con- victions for non- imprisonable offences as well as cautions, repri- mands and warnings from police. Editors Note: This would not include innocent people branded as criminals :)Book 128a (Jan 2012) Friday, December 30, 2011 07:33page 8 Composite
  9. 9. Luzerne, PA while others produce coun- check signed. terfeit company checks. Countys Civil To perpetrate a concealed Court Records These instruments often check scheme, an employee appear legitimate, espe- (usually the person respon- Are Now Online. cially if a professional sible for preparing checks) check-printing company prepares a fraudulent check Luzerne Countys online prepares them. and submits it to the au- access started last month, thorized maker (usually and the prothonotarys of- The employee places the concealed in a stack of le- fice received $8 on the first company account number gitimate checks awaiting day from online purchases on the counterfeit checks so signatures), who signs it of records, Deputy Protho- that funds can be drawn without a proper review. notary Art Bobbouine said. from the employers ac- counts. In order for this to operate Searching the database is as planned, the checks are free, and the prothonotarys The employee simply puts typically delivered to the office is charging $1 for the his/her own name (or an signer during a busy time first page of a document assumed name) as the of day when he is rushed purchased and 10 cents for payee and forges the signa- and less likely to pay close each additional page in the ture of an authorized attention to them. document, Bobbouine said. signer. Buyers will also have to Often the checks are pay a $1.50 convenience The method used to obtain spread out on the signers fee to GovPay for its elec- a blank check provides the desk so that the signature tronic invoicing system, only difference between a lines are exposed but the Bobbouine said, adding that counterfeit check scheme names of the payees are fee will be charged for each and other forged maker concealed. transaction of records pur- schemes. chased. If an authorized signer is A concealed check known to be inattentive, the To access Luzerne scheme is similar to a checks are given to him. Countys civil court re- forged maker scheme ex- cords, go to cept for the way the fraud- sPEeNe ster gets the fraudulent Check Tampering Schemes Forged Maker & Concealed Check Schemes The person who signs a check is known as the "maker" of the check. A forged maker fraud oc- curs when an employee ob- tains a blank check, makes it payable to a fraudulent entity, and forges the signa- ture of an authorized maker. To successfully commit this fraud, an employee must have access to a blank check and convincingly forge an authorized signa- ture. Many perpetrators of forged maker schemes steal legitimate company checks,Book 128a (Jan 2012) Friday, December 30, 2011 07:33page 9 Composite
  10. 10. Where Is What services. "Any business that has a are wary of them and some vides tests for individuals US base would particularly would rather leave the posi- who have been accused of Case Found In "Companies want to know be interested in these tests tion," she said. "But they something in their private Nevada? that their future employees as it happens more often in are only used to gather the life. have integrity and hon- the US. information that would esty," she said. identify that the person oth- "You might not feel any The 17 Municipal Courts "Another area that is using erwise wouldnt be entitled different when you tell a lie manage cases involving "They want to see if they the facility is pharmaceuti- to the position. but there are involuntary violations of traffic and have historically done cal companies, where indi- responses that are part of misdemeanor ordinances something wrong -- and viduals would have access "Its only relevant to that the nervous system that re- that occur within the city whether they are honest to make illegal drugs." specific company. Theyll acts in such a way," Ms De- limits of incorporated mu- about what they have done. ask the reasons for joining vine said. nicipalities. Security companies want to Individuals who are ap- the company or if it was a The 45 Justice Courts han- know that people are apply- plying for the positions that childcare position perhaps dle misdemeanor crime and ing for the jobs for the right require the lie detector test if they had viewed pornog- traffic matters, small claims reason -- in case of inside are often reluctant to take a raphy online." disputes, evictions, and information in robberies. test, Ms Devine said. "The other civil matters less than initial response is that they Lie Detector Ltd also pro- $10,000. The justices of the peace also preside over fel- ony and gross misdemeanor arraignments and conduct preliminary hearings to de- termine if sufficient evi- dence exists to hold crimi- nals for trial at District Court. The District Courts have general jurisdiction over all legal disputes. These are the courts where criminal, civil, family, and juvenile matters are generally re- solved through arbitration, mediation, and bench or jury trials. There are 17 courts in 9 districts. Irish Doing Background Checks The Old Fashioned Way Irish companies are turn- ing to pre-employment lie detector tests as corporate crime rates shoot up. Big security companies, pharmaceutical firms and multi-nationals are now asking potential employees to undergo a truth-telling test from a registered com- pany. As there are more inci- dents of corporate theft, Tiger kidnappings and ille- gal drug production, new employers want to be sure that they have the right can- didate. Sian Devine, CEO of Dublin-based Lie Detector Ltd, said that there is a growing demand for theirBook 128a (Jan 2012) Friday, December 30, 2011 07:33page 10 Composite
  11. 11. More Than One since been transferred to A joint statement from the The national database is courts may hand out a the PNC. NPIA and the Association used by all police officers lesser sentence because Million Crimes of Chief Police Officers to check a suspect or of- they are unaware of a long Not On Police However, since April last said: "Public safety is at the fender to see if they have previous history. year forces have been heart of the NPIA and the any previous convictions. Database charged £100 for every re- police services work. One HMIC source warned Surprises No One In quest to access such a file Police also use it to draw police investigating a rape Background Screening, and requests fell by half to "Police officers will make up an individuals criminal and searching for suspects Except For CRB Users around 40 requests a a professional judgement history to pass on to the may not be aware of a con- month. about when they need to Crown Prosecution Service victed rapist in the area be- A fifth of all crimes com- seek further information to inform a sentencing cause their crime was his- mitted before 1995 are not The HMIC report said po- concerning an individual. court. toric and not on the system. on the national database lice are no longer request- "This would routinely in- because police must pay ing details of early convic- clude incidents where an Prior to 1995, offences The report concluded: £100 to access each one tions because it costs too arrest or charge has been were documented on mi- "Police forces believe this from microfiche. much money. made. crofiche and contained 5.2 charge to be excessive and million records at its consequently are not re- It means suspects could Some 1.2 million records, "Where the PNC does not height, many of which have questing the details of pre- have slipped through the including murders, rapes, hold a full record of a since been transferred to 1995 convictions. net or offenders have been arson and GBH, have still known individual, it will the PNC. handed softer sentences not been entered on to the have a marker alerting po- "Since the charge was in- because the police and PNC. lice officers that informa- However, since April last troduced in April 2010 the courts were unaware of tion is held on microfiche. year forces have been number of fiche requests their full criminal past. It means police investigat- charged £100 for every re- from forces has decreased. ing an individual will not "We have no evidence quest to access such a file The inescapable conclusion The revelation has know their full past and that police forces are not and requests fell by half to is that police forces are not "profound implications" for courts may hand out a performing their public around 40 requests a updating records with public safety and puts po- lesser sentence because duty by requesting the de- month. fiche-based convictions lice operations at risk, the they are unaware of a long tails held on microfiche. because the charge is con- HM Inspectorate of Con- previous history. We would find it hard to The HMIC report said po- sidered to be excessive." stabulary warned. believe that any force lice are no longer request- One HMIC source warned would put public safety at ing details of early convic- It added: "This can only And yet employers may police investigating a rape risk for an interim charge tions because it costs too impact adversely upon op- be handed the details be- and searching for suspects of £100." much money. erational police efficiency cause bodies doing criminal may not be aware of a con- and public safety." record checks for employ- victed rapist in the area be- It means suspects could Some 1.2 million records, ees are not charged. cause their crime was his- have slipped through the including murders, rapes, Continues next page toric and not on the system. net or offenders have been arson and GBH, have still A spokesman for the Na- handed softer sentences not been entered on to the tional Police Improvement The report concluded: because the police and PNC. Is this doc Agency (NPIA), the body "Police forces believe this courts were unaware of real? which runs the microfiche charge to be excessive and their full criminal past. It means police investigat- It can’t be library, said there are now consequently are not re- ing an individual will not Memorex plans to reduce the fee by questing the details of pre- The revelation has know their full past and charging others. 1995 convictions. "profound implications" for public safety and puts po- The Police National Com- "Since the charge was in- lice operations at risk, the puter (PNC) was intro- troduced in April 2010 the HM Inspectorate of Con- duced in 1995 and has elec- number of fiche requests stabulary warned. tronically recorded all of- from forces has decreased. fences since then. The inescapable conclusion And yet employers may is that police forces are not be handed the details be- The national database is updating records with cause bodies doing criminal used by all police officers fiche-based convictions record checks for employ- to check a suspect or of- because the charge is con- ees are not charged. fender to see if they have sidered to be excessive." any previous convictions. A spokesman for the Na- It added: "This can only tional Police Improvement Police also use it to draw impact adversely upon op- Agency (NPIA), the body up an individuals criminal erational police efficiency which runs the microfiche history to pass on to the and public safety." library, said there are now Crown Prosecution Service plans to reduce the fee by to inform a sentencing It said it was a "matter is charging others. court. of concern" and that the issue "should be addressed The Police National Com- Prior to 1995, offences as a matter of course with a puter (PNC) was intro- were documented on mi- view to reducing the unre- duced in 1995 and has elec- crofiche and contained 5.2 alistic financial burden tronically recorded all of- million records at its upon forces by the NPIA". fences since then. height, many of which haveBook 128a (Jan 2012) Friday, December 30, 2011 07:33page 11 Composite
  12. 12. court. "Since the charge was in- tion is held on microfiche. from previous violations of One Million troduced in April 2010 the either Act (or of similar Records Not In Prior to 1995, offences number of fiche requests "We have no evidence laws in other states or at the were documented on mi- from forces has decreased. that police forces are not federal level), are eligible Police Database! crofiche and contained 5.2 The inescapable conclusion performing their public for 1410/710 sentences (for Continued from page 11 million records at its is that police forces are not duty by requesting the de- example, Chapter 570, Sec. height, many of which have updating records with tails held on microfiche. 410a of the Illinois Revised It means suspects could since been transferred to fiche-based convictions We would find it hard to Statutes). have slipped through the the PNC. because the charge is con- believe that any force net or offenders have been sidered to be excessive." would put public safety at In addition to having no handed softer sentences However, since April last risk for an interim charge felony prior convictions, because the police and year forces have been It added: "This can only of £100." 1410/710-eligible defen- courts were unaware of charged £100 for every re- impact adversely upon op- dants also must have plead their full criminal past. quest to access such a file erational police efficiency What Is or been found guilty. and requests fell by half to and public safety." The revelation has around 40 requests a Illinois 1410/710 The principal incentive for "profound implications" for month. It said it was a "matter is Probation? defendants to accept sen- public safety and puts po- of concern" and that the tences to 1410/710 proba- lice operations at risk, the The HMIC report said po- issue "should be addressed tion is that at the end of The Illinois Cannabis Con- HM Inspectorate of Con- lice are no longer request- as a matter of course with a five years following their trol Act and the Controlled stabulary warned. ing details of early convic- view to reducing the unre- sentencing date (a period Substances Act were en- tions because it costs too alistic financial burden that includes the successful acted in 1971. And yet employers may much money. upon forces by the NPIA". completion of their proba- be handed the details be- tion term) they can petition They specify two special cause bodies doing criminal Some 1.2 million records, A joint statement from the the court for expungement types of probation sen- record checks for employ- including murders, rapes, NPIA and the Association of their conviction. tences for offenders con- ees are not charged. arson and GBH, have still of Chief Police Officers victed of possessing either not been entered on to the said: "Public safety is at the Dont Cheat At marijuana or other con- A spokesman for the Na- PNC. heart of the NPIA and the trolled substances. School Or Else tional Police Improvement police services work. Agency (NPIA), the body It means police investigat- For those convicted of Con- which runs the microfiche ing an individual will not "Police officers will make 20 students in Long Island trolled Substances Act vio- library, said there are now know their full past and a professional judgement were arrested after being lations (e.g., possession of plans to reduce the fee by courts may hand out a about when they need to caught cheating on the less than fifteen grams of charging others. lesser sentence because seek further information SAT. cocaine, heroin or mor- they are unaware of a long concerning an individual. phine), the sentencing op- The Police National Com- previous history. "This would routinely in- Students were caught pay- tion is known as “1410 pro- puter (PNC) was intro- clude incidents where an ing others to take their ex- bation” and for those con- duced in 1995 and has elec- One HMIC source warned arrest or charge has been ams for them, according to victed of marijuana posses- tronically recorded all of- police investigating a rape made. NBC New Yorks website. sion or delivery, it is known fences since then. and searching for suspects as “710 probation.” may not be aware of a con- "Where the PNC does not Pam Gilson, a testing co- The national database is victed rapist in the area be- hold a full record of a ordinator at UW-Green Bay Only offenders with no used by all police officers cause their crime was his- known individual, it will said, "It is sad to see that prior felony convictions, to check a suspect or of- toric and not on the system. have a marker alerting po- some students will do any- probations or supervisions, fender to see if they have lice officers that informa- thing to excel in life and including those resulting any previous convictions. The report concluded: that honesty and integrity "Police forces believe this are not important values to Police also use it to draw charge to be excessive and them." up an individuals criminal consequently are not re- history to pass on to the questing the details of pre- "If a person is willing to Crown Prosecution Service 1995 convictions. be dishonest and cheat, to inform a sentencing they must suffer the conse- quences—even if it means TORONTO being arrested." COURT RECORDS We really go there Wow! Very Cool CALL 1-866-909-6678Book 128a (Jan 2012) Friday, December 30, 2011 07:33page 12 Composite
  13. 13. Knowing When • Probable cause to arrest warrantless arrest? • Previous judges inter- made more than 1,000 ar- may have existed at the pretations in similar fact rests it can relate to infor- An Arrest is time of the arrest, even if In general, probable cause situations, and mation posted on the site. Legal the police later turn out to requires more than a "mere be wrong. suspicion" that a suspect • The judges views about The page averages more committed a crime, but not police rights v. defendants than 5,000 views, and the An arrest occurs when po- Put differently, an arrest is so much information that it rights. sheriffs office uses it to lice officers take a suspect valid if it is based on prob- proves a suspect guilty be- share posts and collect tips into custody. able cause, even if the ar- yond a reasonable doubt. Judges help to define the from the public. rested person is innocent. meaning of probable cause An arrest is complete the In the abstract, a firm defi- each time they issue a war- Cuyahoga County has av- moment the suspect is no In this situation, probable nition of probable cause is rant or decide a case in eraged two arrests per day longer free to walk away cause protects the police impossible. which the issue arises. that it can link to the site. from the arresting police against a civil suit for false officer. arrest if the charges are The Fourth Amendment The sheriffs office re- later dismissed or the de- doesnt provide a definition, cently added a section on The U.S. Constitutions fendant is acquitted at trial. so its up to judges to inter- Cuyahoga missing persons and non- Fourth Amendment author- pret the meaning of prob- Sheriffs compliant sex offenders izes arrests only if the po- These principles leave able cause on a case-by- and started a Twitter feed lice have "probable cause" open the most important case basis, taking into ac- Facebook Page to believe that a crime was issue concerning probable count: Nets 1,000 committed and that the sus- cause: pect did it. • What the judge thinks Fugitives How much information do the Fourth Amendments The probable cause re- Since the launch of its police officers need to con- drafters meant by the term quirement restrains the Facebook® page in January vince a judge to issue an probable cause power of the police to de- arrest warrant or to justify a 2010, the Cuyahoga County prive people of liberty. (Ohio) Sheriffs Office has It prevents the random roundup of "undesirables" that sometimes occurs in other countries. Some principles of prob- able cause are well settled: • To establish probable cause, police officers must be able to point to objective factual circumstances that lead them to believe that a suspect committed a crime. A police officer cant es- tablish probable cause by saying something like, "I just had a hunch that the defendant was a burglar." • Judges, not police offi- cers, have the last word on whether probable cause ex- ists. A police officer may be sincere in believing that enough factual information to constitute probable cause exists. But if a judge examines that same information and disagrees, then probable cause does not exist -- or did not exist, if the question is being decided after the arrest occurred.Book 128a (Jan 2012) Friday, December 30, 2011 07:33page 13 Composite