Background Investigation Techniques Part III
( posted in Miami Florida )
With the importance of accuracy and verification permanently ingrained in you, you should now be ready to to do some investigating.
C O U R T R E C O R D S
You will want to search federal, state, and local court records.
Depending on your subject’s name and where you live , this may be the most confusing aspect of background investigation. Note that these records are open to the public and in no way should you be restricted from seeing them and you should not have to divulge why you are requesting to see the records.
FAQ: Can I get someone’s “rap sheet”? No! Only after a person has been convicted will the information become public. Why? The U.S. Constitution provides that we are innocent until proven guilty. If you were innocent and got arrested because of mistaken identity, would you allow those arrest records to be used in making a decision about your employability or reputation?
A little legal lesson: State courts in the U.S. have two ‘levels’: an upper court and a lower court. Depending on where you live, they may be referred to as Superior Court and Municipal Court, Circuit Court and District Court, or Supreme Court and Municipal Court, etc.. The ‘Upper Court” handles bigger matters and matters that originate within the County’s jurisdiction. The ‘Lower Courts’ handle cases that are smaller in nature and originate within a city’s corporate limits. The important thing to remember is that there are at least two courts that you will want to search. Oftentimes they are located in the same building, but are just down the hall from each other. Now each court has a number of divisions, a civil division and a criminal division, a traffic division and a small claims division, and possibly a family or domestic division. A criminal court handles all cases involving ‘crimes against the public’. Civil courts handle disputes between citizens, companies, and governments. Traffic court handles ‘ most’ traffic violations – MOST, meaning that serious traffic offense (repeated drunk driving, vehicular homicide) will be handled by another court’s criminal division.
TIP:
Here’s an example of some notes you might take:
Today’s Date: 11/13/97
Source: US District Court, Criminal Filings.
Range: 1/1/88 to present
Search Criteria:
Nanny, Sweet L.
Records found:
No records found
Records Found:
Nanny, S. – case# CR-123-96
Nanny, Sweet – case# CR-123-96
Then take notes on the case file:
Nature of case: Nanny was convicted for wire fraud involving unsuspecting family. Served 3 years in Federal Pen.
You will want to take as many notes as are appropriate here. You may also opt to have copies made.
Federal Courts will have civil and criminal files, AND bankruptcy filings. Bankruptcy filings may be a very important link in your background investigation. If your nanny is in financial trouble AND has a couple of law suits pending against previous employers, you may want to consider other nannies. Bankruptcy filings also have a wealth of other information: bank accounts, a list of creditors, and other persons involved – divorced spouses, etc.. Make sure you are thorough; check all sources.
RED FLAGS:
You should take notice of the following situations if you encounter them, especially if you encounter more than one:
· Any Criminal Conviction
· Repeated suing
· Currently involved in a major law suite.
· Very high debts
· Bankruptcy
· Psychiatric Treatment
· Treatment for Alcoholism or Drug Abuse.
· Drunk driving convictions.
· Has estranged spouse
· Has lied about any information on an application
· Telephone numbers on applications are disconnected OR you cannot get in touch with employers, previous employers, references, etc.
NOTE: The above RED FLAGS are only guidelines. There are many possible reasons if your subjects falls under those. Please speak with them about it before your hire them. There may be a good excuse. Use your own best judgment.
In short, for each jurisdiction you plan to search, you will want to search approximately eight different indices. Indices? What in the !@#&\ is that? It’s plural for index. Courts, and most other public records, are stored on shelves and in boxes and each case or record has a file number and the names of the parties involved. An index is created to provide easy reference and access to these records. Click here for an example of an index.
The index or indices are located in the clerk’s office. When you go to a court, ask where the civil, criminal, or traffic clerk’s office is. Nowadays, a very large number of courts have indexed there cases and stored them on a computer data base. There are usually hard copies lying around, too. Oftentimes, the clerk will perform the search for you on their computer terminal. But be careful when someone else is doing the search: Clearly spell the name you want to search.
There will be at least several different indices for you to choose from. Since you are researching a name you will want to use the alphabetical index. There will most likely be several indexes, ‘A-L’ and ‘M-S’ and ‘T-Z’, or something like that. Choose the appropriate one that matches with your subject’s last name.
TIP:
Take copious notes! Paper is cheap. Use it. On each sheet of paper write a heading that shows the specific source of the info (Civil Court Records, etc.), the date you did the research, the range of dates of the records you searched, the records you found and if no records were found, note that. Do not try to combine subjects together OR try to combine sources together. This will get very confusing. If you are performing a background on just two persons, after a few hours you will know exactly what I mean. Take notes and take you time!
IMPORTANT: Make sure you check the range of dates in the indices! Why? You might be wasting your time. If your nanny lived in Silverado, CA between 1995 and 1996 and you are viewing an index from 1990, most likely your nanny will not turn up, unless she has some other history there.
Simply search the indices for names that match your nanny’s name. Write the file numbers down and ask the clerk to pull those files for you. Once you receive the file(s), look for any identifying information in the file. Look for SSN, DOB, full name, middle name or initial, addresses, relatives, etc.. You should be able to verify pretty quickly whether or not the file you are viewing matches you nanny. If it doesn’t, move on. If it does, make copies, and make a decision. If the records shows that there is a positive ID on your nanny, and if the records shows a serious criminal or civil infraction, you will have to decide whether or not this can affect the nanny’s employment qualifications. This may be a legal matter, so please read the laws in your state regarding hiring. You may or may not be able to consider certain types of information in making an employment decision. You surely do not want to be sued.
IMPORTANT: You will want to search the courts in each of the jurisdictions that your applicant claimed to have lived for the last ten years. This could be as little as one and a many as ten or more. It all depends on how many addresses your applicant claimed on the application. You will want to be as thorough as possible.
C R E D I T H I S T O R Y
With your signed release of information you legally obtain credit reports. There are many sources for this. You can contact the major credit reporting agencies (TRW, Equifax, TransUnion), or you can contact information service providers. Please be aware that credit reports can be very difficult to read and interpret. Ask your info broker if they can guide you.
What can I find in a credit report?
You can find many things, including but limited to: Name of spouse, employer, previous addresses, bank accounts, credit card accounts and balances, mortgages, other loans and balances, defaults, judgments, liens, other aliases, other SSN’s used, other people who use the same SSN.
S C H O O L S
With your signed release of information you legally obtain scholastic records. This can take a while. You may just want to verify whether or not your nanny attended the schools she said she did.
M E D I C A L R E C O R D S
With your signed release of information you legally obtain medical records. Simply contact the institution that has your applicant’s records and ask what the procedure is for obtaining the records. Chances are you will have to go through a lot of red tape. You will most likely have submit a request in writing along with an original letter of release and your intentions for the use of the records. Depending on where you live and where the medical institution is located, you may not be able to receive an records at all.
R E F E R E N C E S
This part is easy, but not simple. You will have to contact all previous employers, references, relatives, etc.. Speak with them in a friendly and direct manner. Tell them why you are calling them and tell them you are simply verifying information stated on an application. Do not ask them for their opinion on the applicant! This may not be considered a legal method in your area. Instead, engage them in conversation. Say something flattering about the nanny – how cute she is or that she seems very caring, etc. Your reference will most likely respond with something truthful. Thank them for their time and go on. REMEMBER to take copious notes!
TIP:
” [When speaking with references] Do not ask them for their opinion of the applicant! This may not be considered a legal method in your area. Instead, engage them in conversation. Say something flattering about the nanny – how cute she is or that she seems very caring, etc. Your reference will most likely respond with something truthful. Thank them for their time and go on. REMEMBER to take copious notes!”
P R O F E S S I O N A L L I C E N S E S
If your applicant has had another profession that required a license. Call the Secretary of State in your state to verify the existence of the license and whether or not there had been any complaints filed, whether or not the license is in good standing, etc.. You may also want to check the County’s FBN or DBA files. Huh? FBN is an abbreviation for Fictitious Business Name; DBA is an abbreviation for Doing Business As. It is a requirement in most jurisdictions that someone conducting a business under any name that there given name has to file that name with the county. NOTE: This my not be enforced in your community. The form usually lists all the interested parties and there addresses. Use this information to conduct the same kinds of investigations stated above. Contact the other parties, if you see fit.
D M V
Department of Motor Vehicles records can provide some very pertinent information, if you can get it. Many states’ DMV’s now restrict access to their records, and they also restrict what information they can provide to those who have legal access. Simply make a telephone call to your local DMV and ask what restrictions, if any, they have for public access to information.
If you are lucky you may be able to obtain your subjects driving record, list of all vehicles registered in their name, other names attached to their vehicle, social security number (some states use your SSN as a driver’s license number), correct address, insurance company, etc..
A LITTLE SURVEILLANCE NEVER HURTS
Before you go snooping around your applicant’s home, please read the laws in your state. This may be illegal. Drive by where the applicant lives and hang around for a while. See what goes on. Most likely you will get bored and go home. But you may see some valuable things going on. Pick a license plate or two; you may need it in the future. by infoguys
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