Due to the sensitivity of the information contained in consumer reports and certain records, there are a variety of important laws regulating the dissemination and legal use of this information. Most notably, the Fair Credit Reporting Act (FCRA) regulates the use of consumer reports (which it defines as information collected and reported by third party agencies) as it pertains to adverse decisions, notification to the applicant, and destruction and safekeeping of records.
The categories of criminal conviction contained within the Extract from the Criminal Record includes those involving offences against children, sexual offences, violent offences and narcotics offences. Any other convictions not relating to these categories will not be included on the certificate. The Criminal Record Extract for a Visa Applications contains information pertaining to custodial or suspended sentences, community service, fines, juvenile punishments, and overseas decisions against Finnish citizens or permanent residents.
When people hear “background check,” they usually think about the kind an employer or landlord runs before making a decision. The background check services we reviewed are different from those used to make rental, lending or hiring decisions. The Fair Credit Reporting Act, explained in further detail below, actually makes it illegal to use reports from the background check services we reviewed for any decisions related to potential employees, renters or borrowers. In fact, it would be illegal to use these background check reports to decide on which babysitter to hire.
In Chile, citizens can request their own criminal records at the Civil Registrations office or the Registro Civil. According to the Article 19 N°16 of the Constitution of Chile, an employer cannot discriminate based on anything else but personal capabilities to perform at the job offered. One can eliminate one's criminal records by a voluntary checkup, providing your signature two years for first offenses, or five years for more. A person must be complaint of the requisites provided by the law No. 409.
Criminal records in the United States contain records of arrests, criminal charges and the disposition of those charges. Criminal records are compiled and updated on local, state, and federal levels by government agencies, most often law enforcement agencies. Their primary purpose is to present a comprehensive criminal history for a specific individual.
Some states will allow the record of an arrest to remain on a criminal history until the defendant can petition the court for concealment. This is a standard legal procedure, also known as "expunging" the record. All records for an arrest that do not lead to a conviction are eligible for expungement, and sometimes even the conviction record itself can be expunged when the case qualifies according to state rules. Expungements cannot be applied over an entire arrest history, even when an individual has been arrested but not convicted on multiple occasions. Each charge or arrest record must be evaluated individually. And remember, even sealed records can be viewed by state officials and staff in certain government agencies. The rules can be tricky, and it is usually vital to have an experienced criminal defense attorney handling any expungement request because of the chance for denial by the court.
As background check services turn into subscription services, the temptation for businesses to use the information for employment screening is extremely high. After all, anyone willing to pay around $30 to $50 per month can anonymously view unlimited background reports for as many applicants as they want. And there is little accountability or policing of how you use the information since it's all considered public record.
An eviction occurs when a landlord provides a tenant with a legal notification to leave the property. Eviction laws vary by location and municipal codes, but typically, a tenant is evicted due to failure to correct a problem that violates the leasing agreement such as paying back-rent or meeting requirements stated in the lease. Unless you’re an at-will tenant (someone who lives on a property but does not have a lease), the landlord can’t evict you without initiating legal action.
Law No 290 governs the disclosure of criminal records in Romania. The criminal records of all Romanian citizens are kept in a Central Criminal Records database by the General Inspectorate of the Romanian Police. Police stations gather and keep the records of conviction status of individuals born in Romania, and it is their responsibility to keep these records up-to-date. This type of criminal record disclosure is named the Criminal Records Certificate. These Certificates contain personal information including full name, unique identification number, date and place of birth, most recent address, name of parents, and the details of the committed offence, rehabilitation and extradition information.
An individual requiring an apostille or authenticated copy of his/her FBI Identification Record, or any non-U.S. national or permanent resident who wishes to request his/her FBI Identification Record must submit a request directly to the FBI CJIS Division. The U.S. Department of State Authentications Office may then place an apostille document for use in a country that is party to the Hague Apostille Convention. For countries not party to the Hague Apostille Convention, the U.S. Department of State Authentication Office will place a certification over the FBI seal.
The National Criminal Register Information Office provides individuals and employers with disclosure in one of two formats: as an Inquiry about an Individual ("Zapytanie o udzielenie informacji o osobie") in the event that no disclosable convictions are found; or a National Criminal Register's Information about an Individual ("Informacja o osobie z Krajowego Rejestru Karnego") in the event that disclosable information exists.
Information supplied depends on the level of disclosure required. Low-level disclosures only reveal unspent convictions (convictions which have not yet been expunged under the Rehabilitation of Offenders Act 1974), while enhanced disclosures normally include all convictions, cautions, reprimands and final warnings. An enhanced criminal record certificate may contain relevant information that need not relate solely to criminal matters.
We’re big fans of free - so if you’re looking for one or two pieces of information, it might be worth your time to see what’s available first online or in your local courthouse. Online background check services really shine in two ways. They spend a fortune sucking up all the data available, something that might take you years or you might not even be able to accomplish with a limited budget at all. They’re also really good at collecting all the specific information and creating a really detailed report. Generally speaking we’ve found the relatively low cost to be worth the information provided and the sheer time and effort saved on our part.
A credit background check is a record of a person’s credit-to-debt ratio and shows how someone has managed credit and bill payments in the past. Also called a credit report, it’s a standard requirement when applying for a car or home loan, credit card, or any other type of loan. Many landlords also check credit reports to verify whether a person applying to rent property has a history of good credit and may be more likely to pay rent on time.
LACCH information is based completely on the fingerprint submission made at the time of arrest/booking. The best and most timely method to submit arrest information is through AFIS. The criminal history record can also be manually updated when the Bureau receives inked fingerprint cards from Sheriff's Offices and Police Departments not currently using AFIS.
Each individual who has an entry in the Interstate Identification Index has a unique "FBI number" that is used to identify a specific individual. It compensates for the fact that an individual may provide several false names, or aliases, to a law enforcement agency when he or she is booked. An individual may also lie about his or her date of birth or social security number as well, making an independent, unique identification key necessary.
The Bulgarian Penal Code allows the removal of conviction data for individuals, known as the 'rehabilitation of individuals'. This can be awarded by a court of law given that the individual has demonstrated good conduct, and has compensated any damages. A second type of rehabilitation is known as rehabilitation de jure which enacts new legislation. This can occur if the individually has been sentenced conditionally, the individual has been sentenced to up to three years' imprisonment and has not committed any other crimes punishable by imprisonment, the individual was sentenced to a fine, public reprimand or deprivation of civil rights, and they have not committed another crime the year following. Additionally, judgments are removed from a criminal record after the sentence has been served and the following time has elapsed:
In 2017, the Insurance Information Institute reported that over 16.7 million Americans were victims of identity fraud. That's about 4 percent of the population. Adding to the concerns of the safety of your personal information is the dramatic rate of data breaches in 2018. According to Business Insider’s list of the 21 biggest data breaches of 2018, over 2.5 billion accounts containing sensitive information were exposed to hackers just last year. Basically, the chances your personal information is already on the dark web is high.
If a Latvian individual needs a certificate of their criminal history, they can electronically request this through www.latvija.lv. They may need this record of their criminal history to submit to employers, study overseas or enter into marriage. This record can only be obtained in person at the Ministry of Interior Information Centre or it can be received through registered mail. Therefore, information about an offender's criminal history is not accessible to all members of the public.
Since the onset of the financial crisis of 2007–2010, the level of fraud has almost doubled and some experts have predicted that it will escalate further. Background-checking firm Powerchex has claimed the number of applicants lying on their applications has been increasing since the summer of 2007 when the financial crisis began. In 2009, Powerchex claimed that nearly one in 5 applicants has a major lie or discrepancy on his or her application.