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Under The Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552, any person has the right to request access to public records: criminal records, arrests & warrants, inmate records, vital records & more.

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Conduct Public Background Checks

The Freedom of Information Act has made it easier for the people of the country to access records that were hitherto considered to be confidential state records.  Public background checks have become quite common these days.  No matter whether you are considering employee verification before appointment or are suspicious about a neighbor who has just moved in. A public background check can put all your doubts to rest. The kind of information that you want to procure requires you to conduct public background checks on the county, state or even the federal level.  These checks may entail an examination of the vital records, tax records and criminal records.

 

Availability of Background Records

 

The US judicial system ha s a pyramidal structure where the Supreme Court in each state occupies the top position. There are several trial and appellate courts that function under the jurisdiction of the Supreme Court. Each of the counties has a court of its own where cases for properties are filed, registration of birth, death, marriage and divorce take place and where tax records are also maintained. However, information pertaining to a juvenile may not be available for public dissemination.  These are classified as sensitive information and therefore withheld.
 

The information from the local courthouses, sheriff’s office and the probate office are all submitted to the state repositories. You can also retrieve information from the. Each state has a Vital records Office or an archives office where the records are kept.  Though you may view the information from the Archives office, for a certified copy you need to contact the concerned department that maintains these vital records.
 

This does not imply that you can view the records of each and every state. Each state has its own set of regulations as far as accessibility to these records are concerned. In the majority of the states, the criminal records are maintained by the respective Department of Public Safety.  In some states the information is made available through a Criminal Justice Information Center.
 

A public background check is often limited by some of the state imposed clauses.  For example in the State of Alabama, an individual cannot check the criminal history records of any other individual barring those of sex offenders.  The records are only available to officials of the law enforcement agencies. However, you can view your own record in Alabama to check if there is no instance of incorrect information on your background record.
 

A federal level background check is done with the help of the data maintained by the Federal Bureau of Investigations or the FBI.  The FBI maintains a record all criminal activities in the country through the National Crime Information Center or the NCIC. The record is also referred to as a rap sheet and the information is mostly based on a fingerprint match. However, you can only obtain a copy of your own record through an FBI check. As per Public Law 92-544 of the FBI, the records can be made available to the state and federal government officials and agencies for the sake of licensing and employment purposes.

 

Necessity of a Public Background Check

 

Public background checks are necessary especially when you are recruiting an unknown person for a position of great responsibility. For example, if you are appointing someone to a day care center or school, or even in an old age home, you need to be sure that the individual does not have his name on the list of the registered sex offenders. It is all the more necessary to ensure the safety of your kids and the elderly as they are more vulnerable and therefore might become a soft target for the offenders.

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