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Felony & Misdemeanor searches are the default criminal reports. The Hamilton Group offers two types of searches: "statewide" in a limited number of states and "county by county" in all 50 states. In a small percentage of states or counties, a misdemeanor search may be a separate court.
General Information: Searching the counties of residences or employment are obvious choices, however it may be prudent to search additional adjacent counties. There is always a possibility that crimes have been committed in a county other than that of residence or place of work. Also, some cities straddle two or more counties, requiring a thorough search to include records in both counties. Our default search goes back seven years; however, additional years can be searched for a nominal fee.
Record Contents: The rules vary widely from jurisdiction to jurisdiction regarding record contents. The Hamilton Group received a record from one county in Iowa that noted a "$10.00 fine for allowing a dog to run unleashed in a state park." On the other hand, some counties and states will only provide felony conviction records. Each state has a unique court system; some are radically different in organization. There seems to be no standard for recording plaintiff, claimant, and conviction information. Often, only a name and physical description are available. Social Security numbers are not consistently found in most court records.
The records furnished are designed to establish the existence of the records only. We do not normally provide transcripts or full records. Our information is typically limited to the court location, date of the offense or filing, description of the situation, disposition, and case or file number.
All counties in the United States, about 3200, may be searched for felony convictions. Some states restrict the level of information and may not release misdemeanor records. It is not unusual to have records sealed, or reduced down to a lesser crime. The only limitations regarding access to county criminal information have to do with turnaround time. Does the county use computers; are they staffed with sufficient personnel; are the records kept on-site?
Statewide Information: Most states provide criminal information covering the whole state. Only six states either do not have a statewide repository of criminal data or have statutes or policies restricting access to that information by non-law enforcement entities. In other words, employers, private investigators, and information service bureaus are not able to legally obtain statewide information from six states. Some states have legal restrictions about using misdemeanor information in the hiring process, whether found in a statewide or county search. However, criminal information is available from all counties in the United States.
There are some state repositories that, although quick to return results, do not have contributions from 100% of their counties. Also, some statewide searches present felony convictions only, thus eliminating a major share of an individual's criminal history. Although a substantial number of states do offer statewide searches, it has been our experience that most are not viable resources due to limited level of information, speed of return, completeness, and county participation. Some clients find it beneficial to use statewide information (when available) before looking for more detail at the county level. However, most clients prefer to use counties as the turn-around time is often considerably shorter and reports are more detailed.
Federal Criminal Records: Federal district courts are found in all 50 states and DC. These courts contain records of federal level crimes, such as bank robbery, wire fraud, mail fraud to name a few.
Extended Criminal History: The new Fair Credit Reporting Act allows employers to access criminal history more than 7 years old, where available by law and state regulations. This is an extension from the previous FCRA. The turn-around time may be extended, and extra fees are required in most cases.
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