[rlrl]

It's not the conviction that's so bad. It's the fact that these reports can be used to screen out otherwise qualified applicants from employment. Also, it says something about one's moral character being not 100% at some point in one's life. I know from experience, I have a disorderly conduct violation on my record, my first and last. I am fortunate that NY has a few laws that seal or don't report violations but that fact is at one time in my life I acted immorally. I paid a $50 fine which is technically less than it cost me for not wearing my seatbelt. I still have a conviction which I may have to answer to if asked. So far I have been really lucky and it has not affected me. I was convicted when I had the job but did not lose the job. I still have the job today. Having something goiing for you like a job can offset the effects of the conviction. Get him active and over this hump

[getpeaceofmind]

[QUOTE=JudyKayTee
Driving while impaired is BAL of .05-.07.

Driving while intoxicated is BAL .08 and over -

In California you as a LPI are allowed to review Court files?[/QUOTE]

Yes, but not just licensed private investigators, anybody has access to most types of court filings. They are public record as they should be.

Usually the clerk at a courthouse will hide some information in a CRIMINAL file like the actual police report, or some personal information, witness info, but never dates of birth. Otherwise there would be no such thing as a criminal background investigation by a private company. And by the way, the only effective way to do any kind of comprehensive background investigation is to go to the court and review the actual file itself.

[JudyKayTee]

[QUOTE=getpeaceofmind]Yes, but not just licensed private investigators, anybody has access to most types of court filings. They are public record as they should be.

Usually the clerk at a courthouse will hide some information in a CRIMINAL file like the actual police report, or some personal information, witness info, but never dates of birth. Otherwise there would be no such thing as a criminal background investigation by a private company. And by the way, the only effective way to do any kind of comprehensive background investigation is to go to the court and review the actual file itself.


Originally I thought you said Court files; now I think you are saying Court filings - there's a difference, certainly, and you can also get Court filings/Court papers in NYS... but to the best of my knowledge you cannot get your hands on the actual Court file without a subpoena - if you can get a subpoena.

Must vary State to State.

(By the way - ?)

[rlrl]

Generally any conviction or judgment is a matter of public record as per the constitution or freedom of info laws. It doesn't matter which state it's in

In NY, in a criminal case, the criminal complaint, disposition slip, papers pertaining to the original charge, disposition, sentence are available to the public. It's the police report(a different report from the criminal complaint) and rap sheet which are always confidential and removed from the court file as they are confidential even on a convicted person. Those are 'criminal records" and are considered confidential

[getpeaceofmind]

[QUOTE=JudyKayTee
Originally I thought you said Court files; now I think you are saying Court filings - there's a difference, certainly, and you can also get Court filings/Court papers in NYS ... but to the best of my knowledge you cannot get your hands on the actual Court file without a subpoena - if you can get a subpoena.

Must vary State to State.

(By the way - ?)[/QUOTE]


No I said court files, the actual file with all the papers with the blue backs and scribbled notes, etc. You get to sit in a room and view it as long as you want.

[Fr_Chuck]

The issue here is the term consumer since most criminal histories are gotten from the police departments, not outside agencies. And many jobs require no previous convictions ever as part of their hiring requirements.
So in general most of your criminal history is not from consumer reporting companies anyway, so normally this is mute. Also I doubt that the law has hardly ever been enforced either, having a law and it being used and enforced are two different things.