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-   -   Why are records given out as Criminal background of Non Convictions? (https://www.askmehelpdesk.com/showthread.php?t=500246)

  • Aug 22, 2010, 03:42 PM
    ScottGem
    Quote:

    Originally Posted by steve1951x View Post
    Most Criminal Background Checks are likely found something where one lives I would think.

    I'm not sure I understand what that means, but most background checks are done with companies that compile information from many databases over an entire country, maybe internationally. People move around a lot so searching only local records is ineffective.

    I think the main issue here is that you have a misunderstanding of just what a background check is.
  • Aug 22, 2010, 03:55 PM
    Fr_Chuck

    No a real criminal background is a national ( or at least a state) background check that shows all convictions, it is not a local thing. A local courthouse check will show divorces, law suits for civil issues, maybe even issues with your grass being too tall. ( I ran one on someone once and it showed all those things)

    That is merely a court house records search, not a criminal background search.

    A real issue with understanding correct terms. As used in law enforcement
  • Aug 22, 2010, 03:57 PM
    Fr_Chuck

    Now a company can check anything they want, many will check for law suits, credit reports, and driving records

    So a company is free to check anything they want
  • Aug 23, 2010, 12:15 PM
    steve1951x


    Why are records given out as Criminal background of Non Convictions?

    The Response from Harris county is

    Good Afternoon Mr.

    All cases filed in Harris County District Clerk's Office will display on our system as a part of our records as required by law. However, you may need to consult with an attorney for legal advice regarding your case.

    Thank You,

    I see no reason why I need to be different than anyone so I must deal with It as situations concerning my non conviction occur.

    I was hoping to get the Law sited but I guess I will let It go for now and trust that there is such a law in Texas that requires that they give out No Conviction information.
  • Aug 23, 2010, 12:34 PM
    ScottGem

    Is that the question you asked? I thought we explained to you that wasn't a valid question. Maybe if you worded the question correctly you would get a better answer.
  • Aug 23, 2010, 02:21 PM
    steve1951x

    I have asked a new question.

    Could you cite the law that requires all cases filed and not just those completed as Convictions?


    According to the Texas Government Code section 51.303, a district clerk shall record all acts and proceedings of the court. If an individual has been charged with an offense, our records would reflect that charge and any disposition (outcome) of that particular case. In your case, the offense was no billed. You may qualify for an expunction which would require any agency with information regarding the case to delete that information from any records the agency maintains.

    However, our office is not at liberty to provide legal advice. Please contact your attorney.
  • Aug 23, 2010, 04:53 PM
    ScottGem

    See, by asking the right questions you get a better answer.
  • Aug 23, 2010, 07:27 PM
    steve1951x


    If I understand the law correctly Texas Government Code section 51.303 it says the county clerk should record and make information available but It still does not say all records be available in a Criminal Background Check.

    (1) Why are records given out as Criminal Background of Non Convictions?
    The Law?
    (2) Could you cite the law that requires all cases filed and not just those completed as Convictions?
    Texas Government Code section 51.303?

    Perhaps I must assume they do not want to spend the time to separate Conviction information from Non Conviction information for a Criminal Background Check.

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