Who really has access to RAP sheets?

[VendorMan]

What is the name of your state?What is the name of your state?CA

This might not be the correct forum, but I would appreciate any information.

Are rap sheets pretty easy for non-involved agencies or people to see?
Can private investigators pull up Rap sheets?
Are private investigators able to call up old police buddies and pull rap sheets on people?
Is it common for a Police officer to have a PI side business where they can pull down information on cases for their own monetary reward ? In other words, they sell data to other investigative agencies or background companies.

My DUI record was expunged, I understand that it is never erased but I'm
wondering how visible or easily attainable is the old record. The County that holds the case is pretty isolated.

What would be the most typical way my employer would find my record?
I recognize this is generalizing, but I'm curious how often or common would these kind of things happen.

Only serious informative responses please, I'm seeking information, not e-bashing

Thanks

 

[CO19]

What is the name of your state?What is the name of your state?CA

Are rap sheets pretty easy for non-involved agencies or people to see?
>Depends on the state/county.

Can private investigators pull up Rap sheets?
>Yep, do several hundred per month.

Are private investigators able to call up old police buddies and pull rap sheets on people?
>Hmmm, When you use the term "Rap Sheet", are you referring to a nationwide criminal check or just criminal records in general (which I meant in above response)? If you meant a nationwide criminal check, the only *true* nationwide crim check is called the NCIC (under the FBI) and answer is NO. NCIC is only available to federal, state, local law enforcement and other criminal justice agencies period! Highly illegal to access otherwise.


Is it common for a Police officer to have a PI side business where they can pull down information on cases for their own monetary reward ?
> No, it is uncommon.... Care to elaborate on what's really going on here? If there's something shady going on in my industry, I'd like to know.


What would be the most typical way my employer would find my record?
>In CA, the typical employer would conduct a county-level criminal records check for the last 7yrs where you lived, worked, or studied. If you are concerned, you need to conduct your own county-level criminal records check in CA and determine what the records show....

Also, you may want to get a copy of your MVR to see if your DUI is on there!

 

[CdwJava]

To add to what CO19 wrote, it would be a crime for an officer to access NCIC or state/local criminal records for unofficial purposes. CA does prosecute for this, and so do the feds.

In CA your "rap" sheet (aka CORI file) is not accessable by anyone but law enforcement and NOT for employment purposes. If an employer comes across your DUI it is because they are checking with an archiving service that has comiled public records, or they have done a public records search themselves at the local court house.

It is also easy to search police blotters in many newspapers for the name of a person as well. My local papers both print the name, age and area of residence of everyone arrested in the county. Oh, and I live and work ina little isolated county - and we're on the 'net! Our court actions are also on the 'net ... if someone looks up the name and wants to come down for the details, they can pay the county and get a copy of the public record.

Ultimately it all depends on how in-depth a background is, who conducts it, the resources used, and the legal level of access. There is no cookie-cutter background.

The best bet is to be open and honest with apotential employer. if you lie, that can dog you for years to come ... NOBODY wants a dishonest employee.

- Carl

 

[BelizeBreeze]

To add to what CO19 wrote, it would be a crime for an officer to access NCIC or state/local criminal records for unofficial purposes. CA does prosecute for this, and so do the feds.
- Carl

I can run it. And I'm no longer employed by my old friends

 

[CdwJava]

I can run it. And I'm no longer employed by my old friends

In some states you can access this stuff on line through the particular state's custodian of records (FDLE allows some extensive state searches). But running records via NCIC for anything but official purposes can be a felony.

I certainly HOPE you're not running NCIC records for grins and giggles.

- Carl

 

[VendorMan]

Thanks CO19 and CDWjava per Rap Sheets

The State is CA.

Thanks for the insight regarding Rap Sheets.
I raised the question for a couple of reasons.
1) I'm trying to understand how visible/easily accessible my DUI record is.
It does not show up on Internet background checks, (14 yrs ago), I recently got it expunged. Some information I read says if expunged at the county level, the dui is fairly contained unless someone goes searching that counties records looking specifically through the public records for that DUI.

I'm assuming CORI and NCIC are not generally used by private employers, but I'm curoius if expungement offers any benefit for these two dases, or are these records easily gleamed for info.

2) Admittidly I'm confused, if anyone can pull up records and arrests easily from Rap Sheets, and they are easily accessible for all types of people, the expungement process seems to be nullified or wasted time and energy.

3)I'm curious to know exactly what shows up on my sheet. I was also curious
if I could just go to a police station and review or get a copy.

I know there are a lot of hurt people and bleeding hearts on this site.
I know we would all love to minimize our troubles.

We are not all Rocket Scientist or the brightest, yes, some are not very
intelligent, for me, I got a DUI because of a poor judgement call at a college reunion/bachlor party 14 yrs ago. I literally only had a couple drinks in me (BAC < .06) But now I'm in the job market and I am reliving the whole event.
It's hard to handle that this one mistake is potentially costing me an entire career. Society is pretty harsh when you sit on this side of the equation.
Do you just throw your hands up and quit trying

Constructive thoughts would be appreciated, (no e-bashing please)

 

[CdwJava]

Thanks for the insight regarding Rap Sheets.
I raised the question for a couple of reasons.
1) I'm trying to understand how visible/easily accessible my DUI record is.
It does not show up on Internet background checks, (14 yrs ago), I recently got it expunged. Some information I read says if expunged at the county level, the dui is fairly contained unless someone goes searching that counties records looking specifically through the public records for that DUI

There are background companies that collect archived records. In other words if they collected the court record of your conviction years ago before it was expunged, then it will still be in their files and will come up on a query made in to their system even if the county has no more record of it.

I'm assuming CORI and NCIC are not generally used by private employers, but I'm curoius if expungement offers any benefit for these two dases, or are these records easily gleamed for info.

By statute, private employers cannot access these information sources. An employer that requires fingerprints would only receive a notification of "no disqualifying convictions" or a notice that a disqualifying conviction was found. i cannot think of any job where a DUI might be a disqualifying conviction by statute ... except for maybe certain commercial hauling jobs or a position requiring a certain security clearance..

2) Admittidly I'm confused, if anyone can pull up records and arrests easily from Rap Sheets, and they are easily accessible for all types of people, the expungement process seems to be nullified or wasted time and energy.

The rap sheets are not readily accessable. Old data is a different story. the government cannot generally tell a private company to destroy records in their possession.

3)I'm curious to know exactly what shows up on my sheet. I was also curious
if I could just go to a police station and review or get a copy.

Here's a link with information on how to obtain your CORI file:

http://caag.state.ca.us/fingerprints/security.htm


- Carl

 

[BelizeBreeze]

In some states you can access this stuff on line through the particular state's custodian of records (FDLE allows some extensive state searches). But running records via NCIC for anything but official purposes can be a felony.

I certainly HOPE you're not running NCIC records for grins and giggles.

- Carl

You're kidding right?

I still do work for my former employers from time to time...A felony is a requirment for passing the training

 

[CO19]

The State is CA.


1) I'm trying to understand how visible/easily accessible my DUI record is.
It does not show up on Internet background checks

VendorMan, rule of thumb.... NEVER trust the database/instant/internet background checks as a sole source in researching crim records.... too many co's are peddling "background checks" and sources are highly misleading.

As, CdwJava has said, NCIC and CORI are off limits to private employers. The employer must conduct a county-level criminal records check to search in CA. In addition, a CRA (pre-employment screening firm), cannot report *convictions* in CA beyond 7yrs, so the search is limited to 7yrs. (CA 1785.13.6 and 1786.18.7). In fact, if you want to read an interesting case about a CRA reporting an expunged record in CA - read Obabueki v. ChoicePoint ( brief synopsis of the case http://www.findarticles.com/p/articles/mi_qa3872/is_200206/ai_n9086369 )

Last, if you're still concerned, order a copy of your CA MVR, CORI (CdwJava provided link), and your "Rap Sheet" from the FBI... http://www.fbi.gov/hq/cjisd/fprequest.htm
and see what's reported.

Good Luck!

 

[CdwJava]

You're kidding right?

I still do work for my former employers from time to time...A felony is a requirment for passing the training

I was going to ask if YOU were kidding.

Accessing NCIC for unofficial purposes IS a crime.

And perhaps I just need more coffee this morning.

- Carl

 

[VendorMan]

Thanks C019

Thanks for your insight, you and CDWjava, have been great sources.
The info on this thread has been great. You may notice I've been all over this board trying to get additional information. My apologies if I appear redundant. I unfortunately did not see your additional posts/responses.

Anyhow the net is; I am still trying to see what is on my Rap sheet or trying to see what investigators may see about me, while I'm waiting through the 8-10 weeks for the DOJ reports. I was just hoping there was a source that could provide me a pretty reliable snapshot in a timelier manor. I have had some indications that my record maybe clean. If this is the case it would mean the world to me.

 

[smutlydog]

Thanks for your insight, you and CDWjava, have been great sources.
The info on this thread has been great. You may notice I've been all over this board trying to get additional information. My apologies if I appear redundant. I unfortunately did not see your additional posts/responses.

Anyhow the net is; I am still trying to see what is on my Rap sheet or trying to see what investigators may see about me, while I'm waiting through the 8-10 weeks for the DOJ reports. I was just hoping there was a source that could provide me a pretty reliable snapshot in a timelier manor. I have had some indications that my record maybe clean. If this is the case it would mean the world to me.

Did you have any luck finding a company that archivies arrest records? I keep hearing about these companies on this forum but have not been successful at finding one on the internet.
I think unless your lawyer didn't do his or her job right the DOJ reports will come up clean. The only thing left is these to check with these companies that archive arrest records.Let me know if you find one because I need to check my own record.

 

[cjbrown929]

rap records

CD19 may be correct about the 7 yr limit on convictions, but if you are applying for a state license in CA (like vehicle salesperson) in conjunction with your job, a 10 year rule sometimes applies. In other words, if you were applying for a vehicle salesperson's license, when your application is submitted, the state can look for convictions up to 10 years ago. This won't necessarily be cause for refusing to grant a license: it may (and probably will) be granted, albeit on a probationary basis.