Any Records Experts?

[VendorMan]

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

Besides the DOJ, DMV, and County Court Houses, what other sources
would have official misdomeanor DUI records?

What dbase is a "Rap Sheet" linked to?

Any reliable source to find records besides fingerprinting and waiting 8 weeks
with the DOJ?

If possible I would like to engage in an email conversation, I have a handful of questions regarding records, expungement and privacy. I have been unable to make contact with anyone who really understands this type of information or the different systems. (talked to numerous attorneys and many policemen)

Thanks for serious responses only.

 

[stephenk]

first explain why you are asking. Is it your record you are concerned about?

 

[CdwJava]

Besides the DOJ, DMV, and County Court Houses, what other sources would have official misdomeanor DUI records?

The agency making the report/arrest ... the jail accepting the booking ... the hospital where treatment was provided or blood was drawn ... all would have records of some kind.

What dbase is a "Rap Sheet" linked to?

CA DOJ ... accessable through CORI files held by the CA DOJ and accessable via CLETS and through NCIC from other states.

Any reliable source to find records besides fingerprinting and waiting 8 weeks with the DOJ?

None that are generally available to private individuals.


- Carl

 

[VendorMan]

re: Any Records Experts

Calif.

Yes it is my own record I'm concerned about.
I have a 14yr old DUI, I recently was granted an expungement by the
courts. But the court clerk only forwarded the expungement to the DMV.
This DUI fell of my DMV record a long time ago. The court clerk said she didn't see any copies of the original record getting forwarded to any other agency 14 yrs ago, so she is under the impression that no other agency knows about the DUI.

I have asked 2 different policemen to pull my rap sheet, it comes up clean,
but I'm not sure they are looking at a Rap sheet, I think they are pulling DMV records. No one seems to have any confidence or clearity on how these records systems work.

I am trying to see my rap sheet without having to wait the 8-10 weeks from
getting a copy from the DOJ.

I do now know that records are never officially get deleted, a new line is added that shows the guilty dispostion has been set aside and with the expungement the record now shows not guilty.

I'm trying to understand then, when potential employers do searchs do the
your records show even though "not guilty" if so, there does not seem to be
any relief in getting an expungement, people should know this. Especially when all the Lawyers on the net sell expungements.

Sorry if this is choppy, I have to run to work.

 

[CdwJava]

I have asked 2 different policemen to pull my rap sheet, it comes up clean,but I'm not sure they are looking at a Rap sheet, I think they are pulling DMV records. No one seems to have any confidence or clearity on how these records systems work.

If they are looking at your "rap sheet" (your CORI file held by DOJ and also by the FBI), then your friend cops committed a serious criminal offense on your behalf. Hopefully all they looked at was your local file ... and even passing on THAT information can be criminal!

I am trying to see my rap sheet without having to wait the 8-10 weeks from getting a copy from the DOJ.

That is not going to happen without you conspiring with an other person to break the law.

I'm trying to understand then, when potential employers do searchs do the your records show even though "not guilty" if so, there does not seem to be any relief in getting an expungement, people should know this. Especially when all the Lawyers on the net sell expungements.

In CA employers are NOT going to see your CORI file. Period. Unless your potential employer is in law enforcement or requires a security clearance, that information is largely off limits and is prohibited by statute to be used for employment purposes.

Nobody can really control WHAT an employer might find when data mining from companies that collect these public records for a fee.


- Carl

 

[VendorMan]

Thanks Carl! a little more info.?

If they are looking at your "rap sheet" (your CORI file held by DOJ and also by the FBI), then your friend cops committed a serious criminal offense on your behalf. Hopefully all they looked at was your local file ... and even passing on THAT information can be criminal!

That is not going to happen without you conspiring with an other person to break the law.
- Carl

Thanks Carl, I don't think the cops did anything wrong, I’m not trying to do anything inappropriate. I just approached a random cop on a break, and asked him to check his computer for my record.
I'm guessing that he probably did only look at my local file, and that's one of the points I'm trying to distinguish. On one hand it seems strange to me, that he wouldn't see the DOJ/CORI. I'm not a bad guy; I made a mistake during a college reunion/bachelor party ski weekend 14 yrs ago.

Unfortunately, it appears this mistake is going to destroy my career and my ability to find a good job. (No whining/moaning intended)
But, what if I were a bad guy, and had some heavy criminal activity on my record, I would kind of hope that this would show up on a routine police check.

In Calif. for employment background checks, CRA's should only report misdemeanor convictions for 7 yrs.

My situation is strange because, I cleared my employment background check. I disclosed my situation to my own companies Human Resource department, they advised me that I didn't have to disclose this to anyone else in our company.

But because I sign high dollar contracts, I just found out my customer
(Bentonville, AR) may also do additional background checks. Now I'm paranoid that this customer (largest retailer in the world) will "out" me. They are not really doing an "employment" background check on me; it’s just a business background check. So the privacy rules change a bit. I had once even heard that they may have access to the NCIC (rumor mill) just because they are so big. I'm just trying to get a realistic handle on how exposed I really am. When you have a family and household to support you don't want to just give up a career and walk away, you also don't want to be embarrassed by an "outing".

 

[CdwJava]

On one hand it seems strange to me, that he wouldn't see the DOJ/CORI.

Not strange at all.

For instance, if I run the name of John Smith on my local system I'm only going to get hits for his name for contacts my agency had - and maybe for those within the county or with agencies that are on the same network. I would have to access a completely different database via CLETS (California Law Enforcement Telecommunications System) to gain access to state or federal CORI files.

But, what if I were a bad guy, and had some heavy criminal activity on my record, I would kind of hope that this would show up on a routine police check.

When I stop a person, my Dispatchers run a state AND local check. Not everyone has the time for that. Larger agencies don't always run a "super message" (a check of EVERY state database) due to time constraints - they will run what the officer asks for. And officers usually want to know someone license status (for ID purposes) and if they are wanted (a check of local, state, and NCIC wants).

In Calif. for employment background checks, CRA's should only report misdemeanor convictions for 7 yrs.

"Should" doesn't mean that there aren't records out there going back further. And then there are people's memories.

I do background investigations for my agency. I ask references, friends, employers, coworkers and neighbors if they know of any brushes with the law a person has. Even if there is no record, I will almost certainly find out about it.

But because I sign high dollar contracts, I just found out my customer
(Bentonville, AR) may also do additional background checks. Now I'm paranoid that this customer (largest retailer in the world) will "out" me.

For a misdemeanor DUI 14 years ago? I doubt that it will be that big a deal.

I had once even heard that they may have access to the NCIC (rumor mill) just because they are so big.

"Big" doesn't grant access to NCIC.

Look, you can either worry about this until the cows come home, or you can simply wait and see. You can worry yourself to an ulcer, or simply get back to work and do the best job you can and tending to your family. Fretting over this will accomplish NOTHING!

- Carl

 

[VendorMan]

Thanks CDWJava, You're great, but this is a bit murky, one of my base assumptions is that because the county and police department have told me that they have never reported or sold data to 3rd parties, and that because they are so small and isolated, and that because the arrest has never shown up on any other searches before, I’m hoping/assuming that this portion may be semi-contained. (It is also already expunged) I'm trying to find out what other legitimate sources would have my personal data. I want to make sure they know this is expunged and hopefully they will not propagate bad information.

 

[CdwJava]

Thanks CDWJava, You're great, but this is a bit murky, one of my base assumptions is that because the county and police department have told me that they have never reported or sold data to 3rd parties, and that because they are so small and isolated, and that because the arrest has never shown up on any other searches before, I’m hoping/assuming that this portion may be semi-contained. (It is also already expunged) I'm trying to find out what other legitimate sources would have my personal data. I want to make sure they know this is expunged and hopefully they will not propagate bad information.

My agency is small as well ... and we don't "sell" data, either. However, we have to GIVE it away if it is publicly available (minus compensation for time and duplication).

What records most these background companies have they get from court records.

In this day and age any number of places could have all sorts of information. You will never be able to track it all down. Trying will only cause you a heart attack.

- Carl

 

[VendorMan]

You're Right

CDWjava, You are right, I was hoping to find my record clean, and then I could stop stressing over this today. There is really, really a lot a stake here.
Even though it's a 14yr old DUI, it will be a deal breaker. My customer
has very low tolerance. Unfortunately, I didn't know about this until I was
already knee deep in it, and too committed to back out. Now I have to wait 2 weeks to see if they discover the DUI. It's just a very embarrassing personal matter. When my boss finds out, I'm fired. It's now easy to lament, "if you can't do the time, don't do the ...." but, at the time, it would have taken incredible restraint. I do appreciate the information you've provided. You have been inspiring; I wish I could do something to help people in this situation. I would love to save someone from the agony that I'm experiencing. Coffee is on me!

 

[mycarlb]

Just to ease your mind... I used to work in Bentonville at the "largest retailer in the world" and sleep well... they don't do "extensive" checking... even for the high dollar contracts you are talking about. And when they do, they are looking for embezzlement, larceny, forgery...etc... money crimes... so if you are honest about only having a 14 year old misdemeanor DWI on your record... then they won't even care--- however they won't be looking for that anyway.

 

[stephenk]

"Unfortunately, it appears this mistake is going to destroy my career and my ability to find a good job."

In what way? Has your current employer asked about your old DUI conviction?

 

[VendorMan]

Thanks Mycarlb and stephnk

CA.

Thanks for responding. I really appreciate it, I was/am panicked. Your feedback/ thoughts help.

To mycarlb:
I read Don Soderquists book “The WM way” he painted a pretty clear picture of an ultra sterile environment. In a lot of ways I respect the culture. I ‘m amazed how some buyers still reference SW, on a daily basis. Somewhere in the book he mentions that they do background checks on anyone who comes to Betonville. In my case, I hoping this has changed. For the last couple of weeks I’ve been trying to learn if there is any way to work through this. Most people doubt the in-depth checks happen, but no one really knows (scary). I can’t find any reliable firm sources to talk to. I’ve been nervous because; reading how conservative some employees are, it would seem to me, if they find my dui, they wouldn’t let it slide by.

mycarlb, if possible I would like to exchange an email or two with you.
I just wanted to ask you a few more things about WM, I read some of your other posts, You seem to be a kind giving person, I'm sorry about your brother, nice of you to assist others... I saw the email address but didn't want to alarm you, if OK let me know and I'll shoot you an email
Thanks!


To Stehenk, my employer/ boss hasn’t asked anything, but my company is a huge conservative company, ps I may have mentioned that I disclosed my situation to my Human Resource Department, they were OK with it, however, I did not disclose to everyone (my new boss)I work with. I have since learned my HR department, sort of buried my disclosure so no one would see it. Fortunately/unfortunately, I did ensure it was documented on my original application. But, the net is, I don’t think my current boss would tolerate even a 14 yr old dui.

 

[reyn562]

Every state is different about the perusal of criminal records. I'm glad to see that in CA there are laws to protect individuals with old criminal records, because here you can find out anything regardless of age. Here in Florida you can simply log into the Florida Department of Law Enforcement (FDLE) website and follow simple instructions on how to download anyone's criminal Florida records (they don't keep records of any other state), and pay a $23 fee for such.

Police can only search local records (In Palm Beach County, they're called PALMS records), and only for warrants, unless they are investigating a crime (a case number must be associated with the query).

NCIC records are different: you cannot search NCIC records. Only agencies which employs people to work with children, the elderly or the disabled can have access to those records to check potential employees or volunteers. Any NCIC search must be accompanied by a fingerprint card.