Is running a background check website legal?

[Kevin]

Just wanted to share a quick story.... Had one of those Maury Povich type clients last week... (will the real father please come on down!!!) and as we were going through the gentlemen-suitors to name in the paternity case, I went ahead and ran background checks on them. Neither guy has had any run-ins with the law (outside of traffic tickets). One is married... as to the later.. I hope he has a very understanding wife. Told you the story was quick.

This stuff is very useful in my profession, but if y'all are worried about privacy (I'm really not, you can figure out exactly who I am and what I look like and what I do and every case I've entered an appearance on in my life in about five minutes), then step one is to delete your social networking sites. In fact, that's one of the first things I tell new clients to do.

[AGDLynn]

http://gbi.georgia.gov/00/channel_mo...980209,00.html

Identity Theft Assistance

As for criminal histories, just remember that some states allow criminal histories maintained by the state crime bureaus to be confidential because it is a compilation of different agencies' information. More and more local agencies, esp. courts, are putting docket information on the web. We get phonecalls/emails about "someone being arrested with my identification"

In Georgia, you can't get a "complete" criminal history unless you have a signed consent release from that person, unless he/she is applying for a specific type of license or employment (i.e., sex crimes and wants to work with children/elderly/mentally ill) and you have the signed consent release and/or their fingerprints.
www.gbi.georgia.gov
click on Services
click on Obtaining Criminal History Information.

There is the Georgia Felony Search but if he/she is convicted for murder and the conviction isn't placed on the criminal history, the result will be "No Record".

The Ga. Dept of Corrections does maintain a website of most offenders incarcerated at some point but I wouldn't take that as an absolute.

[Benzgirl]

Originally Posted by AGDLynn

In Georgia, you can't get a "complete" criminal history unless you have a signed consent release from that person, unless he/she is applying for a specific type of license or employment (i.e., sex crimes and wants to work with children/elderly/mentally ill) and you have the signed consent release and/or their fingerprints.
www.gbi.georgia.gov
click on Services
click on Obtaining Criminal History Information.

That is what I always thought was true in Ohio too.

[Kevin]

Originally Posted by AGDLynn

http://gbi.georgia.gov/00/channel_mo...980209,00.html

Identity Theft Assistance

As for criminal histories, just remember that some states allow criminal histories maintained by the state crime bureaus to be confidential because it is a compilation of different agencies' information. More and more local agencies, esp. courts, are putting docket information on the web. We get phonecalls/emails about "someone being arrested with my identification"

In Georgia, you can't get a "complete" criminal history unless you have a signed consent release from that person, unless he/she is applying for a specific type of license or employment (i.e., sex crimes and wants to work with children/elderly/mentally ill) and you have the signed consent release and/or their fingerprints.
www.gbi.georgia.gov
click on Services
click on Obtaining Criminal History Information.

There is the Georgia Felony Search but if he/she is convicted for murder and the conviction isn't placed on the criminal history, the result will be "No Record".

The Ga. Dept of Corrections does maintain a website of most offenders incarcerated at some point but I wouldn't take that as an absolute.

I'm sure all this varies from state to state, and without a PI license (or with, in some cases), being untruthful in order to gain private information is likely a crime.

In Oklahoma, however, *technically* to get a background check by the Oklahoma State Bureau of Investigation, you need the same. We, however, have a site put up by the Oklahoma Supreme Court which shows the docket history (with most documents scanned in) of all cases filed in the major counties, searchable by name/date/lawyer/etc.

Very useful for me when taking a new case to see what's been filed, download a pleadings file, etc.

The downside is that it shows a lot of things where charges were filed, but were dismissed or pled out to a misdemeanor, etc. For example, your vindictive ex files a Victim's Protection Order case against you (an injunctive restraining order used to keep victims and perpetrators of domestic violence/harassment/stalking who are related/romantically involved, etc. apart). Let's say it's based on false information and the judge denies it.

Unfortunately, unless you get the file sealed, it's going to pop up every time someone does a docket search using your name.

So there are good and bad aspects about this, but on the whole, I can't imagine what I'd do without it.

[ThetaDancer]

Originally Posted by Kevin

This stuff is very useful in my profession, but if y'all are worried about privacy (I'm really not, you can figure out exactly who I am and what I look like and what I do and every case I've entered an appearance on in my life in about five minutes), then step one is to delete your social networking sites. In fact, that's one of the first things I tell new clients to do.

If on facebook, for example, I have all of my privacy settings on "friends only" is it somehow still possible for people I'm not friends with to see things in my profile?

[Kevin]

Originally Posted by ThetaDancer

If on facebook, for example, I have all of my privacy settings on "friends only" is it somehow still possible for people I'm not friends with to see things in my profile?

What my PI does in this case (and it works more often than not) is they'll create a similar profile to the person based on what they know, e.g., same schools, etc., then use a picture of an attractive person of the opposite sex.

Also, if one of your 'friends' can be persuaded, they can get into your pics/profile.

Another thing is that if you tag photos, friends of friends can often see them.

[ThetaDancer]

Originally Posted by Kevin

What my PI does in this case (and it works more often than not) is they'll create a similar profile to the person based on what they know, e.g., same schools, etc., then use a picture of an attractive person of the opposite sex.

Also, if one of your 'friends' can be persuaded, they can get into your pics/profile.

Another thing is that if you tag photos, friends of friends can often see them.

Thanks for the info...it's really good to know. I'm not that concerned about privacy but I like to understand exactly how much information I'm putting out there.