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Investigative research2015
- 1. Investigative Research: Public Records and “Publicly Available” Information Sue Altmeyer, J.D., M.L.S. Reference Librarian, University of Akron Law Library Nov. 5, 2015
- 2. What is available? • Only public records. See ORC 149.43 Excluded: ▪ medical records ▪ probation records ▪ adoption records ▪ confidential law enforcement investigatory records
- 3. Ohio Public Records Request • See ORC 149.43 • Form: http://www.nfoic.org/ohio-sample-foia-request
- 4. FOIA Limits • Federal government will not disclose ▪ national defense information ▪ personal and medical information ▪ ongoing law enforcement investigations and confidential sources ▪ certain geological information ▪ information exempt under federal law See 5 USC 552(b)., (FOIA)
- 5. Restrictions on Accessing • Public records may not be published or readily available – may have to do information request. http://www.foia.gov/how-to.html
- 6. Statutes limiting access • Driver’s Privacy Protection Act,18 USC 2721 • Fair Credit Reporting Act, 15 USC 1681 et seq. – applies when obtaining information from a seller of “consumer reports” Image: 'My Second Driver's License' www.flickr.com/photos/15914631@ N00/3348033929
- 7. Social Security No. protection • Ohio 127th GA SB 6 (R.C. 149.45(B)) • Ohio Superintendence Rules 44-47 • Intelligence Reform and Terrorism Prevention ,
- 8. Gramm Leach Bliley • Compiler of records obtains info from credit bureaus or other "financial institutions“ • Only permissible uses
- 9. Is “free background check” on the Web possible? • Only to a certain extent. • Free materials on-line = discrete bits of information. Pay databases retrieve information from many sources.
- 10. For Fee Databases • Westlaw & LexisNexis (Accurint, KnowX.com) • Openonline -minimal set-up fee and annual cost, pay per search. • Other reputable fee services include: Search Systems, NETRonline
- 11. Important Tips • Cross-check results among multiple databases or websites to ensure accuracy. • Check the coverage of the database. How far does it go back ? What states or counties are included?
- 12. Starting Points and Portals • Comprehensive reports - Lexis, Accurint, Westlaw • Cleveland Law Library’s Public Records FAQ and People Finder FAQ • Netronline • SearchSystems.net • PublicRecords.com • BRB Publications
- 14. Attorney Licenses - Ohio • Whether licensed, but not necessarily in good standing, ex. Ohio Supreme Court – Attorney Information Search •Year licensed •Disciplinary action •Business address/phone Ohio Supreme Court cases -disciplinary
- 15. Attorney Licenses - Nationwide • ABA National Lawyer Regulatory Databank (Request search in writing) • ABA Directory of Lawyer Disciplinary Agencies
- 16. Other Licenses • Ohio License Center • Ohio.gov Professional License Verification • Professional License Verifier (Links by State)
- 17. Ohio Driver’s License Verification
- 18. Other Professional License & Discipline • Cleveland Law Library’s Public Records FAQ has links to information about: • Doctors • Stock brokers – eg Finra broker check • Accountants
- 19. Criminal Records • So-called "national" databases inaccessible to non-governmental users. • Pay databases– LexisNexis, Westlaw, Openonline may not pick up misdemeanors or all arrests. Examine scope of database before pay to search it.
- 20. Criminal Records - Arrest • Summit County felony arrest records can be obtained at County Sheriff’s office. Cost = $10.00. • Cuyahoga County - Back to early 1970s. Cost =$6 • www.buckeyesheriffs.org for other Sheriff’s offices
- 21. Docket Searches • Do docket search of individual state courts for indictments/convictions. • PACER – search all federal courts at once - .10 per page • Low cost PACER alternatives: Justia Federal Court Dockets , Courtport's FreeCourtDockets.com
- 22. Dockets, cont’d • Bloomberg Law searches many state court and all federal court dockets at once. • Cleveland-Marshall Docket Research Guide
- 23. Free Criminal Records Sites • Full legal name and date of birth will help
- 24. http://www.drc.state.oh.us/OffenderSearch/Search.aspx Notes: This site displays data on those offenders who are currently incarcerated in an Ohio prison, currently under Department supervision, judicially released, or who died of natural causes while incarcerated.
- 26. Criminal Records – Free Web • Corrections.com – Links to other states’ databases. • Blackbook – Links to government sites for each state • Vinelink.com – Info for victims, get notification of release. Searches county jails too. • Policereports.com – NOT comprehensive and seeing actual reports not free. Tells you where person had possible offenses.
- 28. Employee Background Checks • Employer’s obligations - http://www.eeoc.gov/eeoc/publications/backgro • Consumer Reporting Agency obligations: https://www.ftc.gov/news-events/blogs/busines
- 29. Search Systems - $15
- 30. Double check accuracy • Look at dockets
- 31. Sex offender databases oNational Sex Offender Public Registry: Searches multiple state databases oFBI's State Sex Offender Registries: Links to state databases. • Family Watchdog - Find offenders nationwide by street or offender name.
- 32. Other sources for criminal records • Newspaper search (free databases from public or academic library) • Google or other search engine
- 33. Apps • JailBase - Arrests + Mugshots • Vine Mobile (mobile version of victim’s database) • Search Quarry Toolbox (Apple)
- 34. Vital Records –Birth/Death • National Center for Health Statistics • Ohio Department of Health – order online or go to local office. (NOT free) Birth 1908-, Death 1964-
- 35. Death Records • Social Security Death Index – via familysearch.org • Online Searchable Death Indexes – links by State • Sysoon.com – obits, not comprehensive • Library databases – geneology, obituaries (great way to discover heirs)
- 36. Death Records - Ohio • Ohio Historical Society, Death Certificate Index , some older birth records • Cleveland Necrology File • Ohio Obituary Index (1810 – present, mostly older)
- 37. Vital Records – Marriage and Divorce • Court dockets (probate, domestic relations) • Don’t know the county: Abstracts (marriage 1950-, divorce1954-) can be ordered from Ohio Dept of Health • Copies from the court
- 38. Cuyahoga County Marriage & Divorce • Cuyahoga Probate • Summit Probate • Divorces in the CP court docket
- 39. Assets – Generally • Pay Databases the easiest, most comprehensive • Portico: links for real estate (county assessor), aircraft, boats
- 40. Real Property • County Recorders office for deeds (sale price), mortgages and liens • County Auditor’s office for current property ownership, taxable value and property description. • County fiscal office has both
- 41. Info. About Properties • Zillow , Realtor.com– Nat’l real estate sales listings. Search by address • Property Shark.com – Information about properties. Search by address.
- 42. Apps – info about a property • Property Shark • RPR Mobile • Zillow • Foreclosed Home • Been Verified
- 44. Summit County Real Estate County Fiscal Officer •Property Tax and Appraisal •Recorded Documents •Sheriff’s Sales
- 45. Cuyahoga County Real Estate • Foreclosure Sales – Cuyahoga county – available foreclosed properties. • Neo Cando – Property, tax and transfer information for Cuyahoga County. • Cuyahoga Enterprise Geographic Information detailed information on houses and businesses
- 46. UCC Filings • UCC filings – Ohio Secretary of State • Searchsystems.net for state links. • UCC Article 9 filings may be with county recorder.
- 47. Airplanes, Cars & Boats • Airplanes – FAA Aircraft Inquiry, Portico, Celebrity Aircraft • Boats - Portico • Ohio Department of Public Safety Online Vehicle/Watercraft Title Inquiry – Boats, Autos, need VIN no. or title no. • Autos by person’s name - Lexis, Westlaw, OPENonline , OpenOnline requires you know the person’s SS#
- 48. Stocks • Corporate insiders – officers, directors, >10% shareholders • SEC Forms 3, 4, 5 and 144 • SEC’s Edgar/IDEA
- 49. Unclaimed Funds • Summit County Fiscal Officer • Ohio Department of Commerce Online Treasure Hunt (UCF with county go to ODC after 5 years) • National Association of Unclaimed Property Administrators • Federal Unclaimed Funds – US Treasury
Editor's Notes
- Driver’s Privacy Protection Act – need a permissible purpose to access driver’s license information. Civil or Criminal investigation is a permissible purpose. Requires that a “consumer report” gathered by anyone regularly involved in the business of compiling and selling consumer reports (“consumer reporting agency”) can only be disclosed to those who have a permissible use. Outside FCRA – Info not created or used for credit eligibility, insurance, employment or licensing, or expected to be used for these purposes. Criminal records etc on Lexis, WL to be used for civil/criminal case = NON-FCRA Permissible Use: Collection on Accounts
- Ohio S.B. 6 prohibits a public office from making available to the general public on the Internet any document that contains an individual's Social Security number. (R.C. 149.45(B)(1) and (2)) Court policies Superintendence Rules 44-47– effective July 1, 2009 parties who file documents are responsible for redacting "personal identifiers" Sup.R. 44(H). Provide for partial redaction or omission of social security numbers and other identifying information. Provide that a party to a case, or person whom the information is about, may request that the court limit access to case information. The court can limit public access, if it finds that the presumption of allowing public access is outweighed by a higher interest" after considering a list of four factors. The court must use the least restrictive means of limiting access. Create a procedure where any person can request access to documents or information that has been granted "limited public access". Personal identifiers” include Social Security numbers, except for the last four digits. Intelligence Reform and Terrorism Prevention Act of 2004 (Can not put social security number on driver’s license) 42 U.S.C.A. §405c(2)C(vi)(II) prohibit the commercial sale of SSNs .)
- Look at one – Searchsystems.net
- Professional license information can reveal a person’s business address, whether they are currently licensed and whether they have been subject to disciplinary action by the governing bodies of their profession.
- Try search for Marc Dann. Does not indicate whether the person has been sanctioned by the Supreme Court pursuant to Gov. Bar R. VI (registration & registration fee) or Gov. Bar R. X (continuing legal education).
- License center can search by name of business = eg Charles Scott Professional license verification lists agency to contact if that license is not included in the Ohio License Center – click on it
- Need to know a lot of info to get driver’s license record. Permissable purpose under Drivers Protection Act if use a database such as OpenOnline.
- Show Cleveland Law Library’s Public Records Guide Do a search for Bernard madoff
- Offenders sentenced to serve time in a STATE facility (NOT county, municipal). This search encompasses every person currently incarcerated or under oversight as a result of probation or parole. Only those currently incarcerated or under dept supervision.
- Incarcerated 1982 to present. Try search for Jimmy Dimora. Minimal info, more on federal court docket. But says what prison they in and gives release date.
- Try Vinelink search for CLAUSSEN, SCOTT D Show Blackbook – can’t really search all these databases together, but points to some you may not think about. Eg. Angelina County Texas
- Must give notification to employee and other requirements. Providers of background checks must comply, even if they have disclaimer of non FCRA, if they suspect will be used for background check purposes. Screen subscribers, make sure permissible use, accuracy of information. Also to exclude certain prohibited information.
- ALSO OPENONLINE
- Show one of these
- Many are NOT really free Search Quarry points to other sources and searches all sources at once for criminal records. Will indicate where person has record in entire country. Jailbase – search all counties in a state at once, but must pay for results Been Verified -
- . Click on these Order online or find the location of local offices where you can obtain copies. For example, Cleveland City Hall is one such local office.
- Run search in Social Security Death Index for Carl Rees. Does not tell you ss#. Tells date of death.
- Under real estate and under additional services
- Try search on property tax for Healy%William Search recorded documents for healy, william
- Neocando – saltmeyer@uakron.edu, Shorty.1998 Cuyahoga Enterprise Geographic Information System (CEGIS)-detailed information on houses and businesses in the county. Type in an address or owner's name. The system combines information from the Cuyahoga County Auditor's Office and Recorder's Office. It will show the property owner, liens, how much was paid for the house, whether taxes have been paid and a detailed deed transfer history. A map which shows information about the property's neighborhood - census information, nearby sex offenders, nearby foreclosures and more. The site is free, with registration.
- Do example of searching for UCC Filings. Select DEBTOR SEARCH. Matthew Andreas
- For automobile searches by owner name, need permissible purpose under Drivers Privacy Protection Act Look at Celebrity aircraft – John Travota
- Show these sites