State Criminal Records

States come in two varieties: open record and closed record. As the name implies, open record states have more relaxed laws concerning the checking of criminal records, but even in closed record states, exceptions are sometimes made for selected groups. For example, a state might allow day care centers, trucking companies, banks, and school districts to access records.

These states allow searches with availability in 3-5 days (as of 2004).  Some require a release which you can present to the applicant for signing during the application process.

           

Alabama

            Arkansas

            Colorado

            Connecticut

            District of Columbia

            Florida

            Georgia

            Hawaii

            Minnesota

            Missouri

            Montana

            New Jersey

            North Carolina

            Oklahoma

            Oregon

            Pennsylvania

            Rhode Island

            South Carolina

            South Dakota

            Tennessee

            Texas

            Washington

            Wisconsin

Statewide databases are only as accurate as the compliance of each individual county. City and county governments can be notoriously slow and sometimes grossly inaccurate. Minor typing errors can result in criminal battery charges for John K. Smith darkening the record of upstanding citizen John L. Smith. Also, participation in statewide repositories is not mandatory. Therefore, while the statewide criminal record search can be a screening tool, it cannot stand alone.  County records are necessary for a thorough, accurate criminal check.

Note: Statewide criminal records are notoriously inaccurate and access to these records seems to change with each election. If you want to see if your state provides an online database or other means of checking, we recommend a google search: “your state   criminal records” and a follow-up phone call to the state courthouse.

At present, each state maintains an informational website and a quick search there will usually provide the information you need. If you can’t find what you’re looking for, send an email to conniebr@conniebrz.com  attention: Connie, subject: state criminal records, and I’ll try to help. If there’s enough interest, I’ll see about putting together a list of state-by-state information on the blog and/or future updates of this manual.

 

 

 

 

County Criminal Records

In general, county records are more accurate and compliment the statewide criminal records check. In closed records states, county searches may be the only way to check criminal history. Hand checking records is usually the least expensive option.  Many counties allow checking by telephone and will fax a copy of the results to your office. Others have online services available. All accept inquiries by mail.

Phone numbers and addresses for county courthouses are in your local phone book (ask for the criminal records division) or easily obtained by calling the local library’s reference desk. When deciding which county records to check, look at:

• where the applicant lives
• where they work and
• which counties they travel through on the way
• counties of past residence (going back 5-10 years)

If there’s a large metropolitan area nearby, you may decide to routinely check that area. Lots of folks head to the big city on Friday night.

You’ll probably check the same two or three counties repeatedly. It won’t take long to learn the routine for each courthouse. If your applicant recently moved in from out of town, a couple of phone calls can get you in touch with the proper county courthouse. Most state government websites have county information listed or will point you in the right direction. If you find yourself constantly looking up numbers around the country (because of a large transient population, for instance) you might consider investing in The Sourcebook to Public Record Information 5^th Edition: BRB Publications listed in the appendix.

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