Police records are non-existent as far as public access in China and Hong Kong.
There are local notaries that have access to personal records. Those are not used, either.
The court lists are accesible - though (in China mainland) the court authorities are not quite understanding of the need for court records to be searched for pre-employment screening purposes. That doesn't mean we are not allowed to search or have them search the indices; only that they are unfamiliar with terms we use non-chalantly here in the USA.
We search the Provincial Court Court records in each Province. The cases heard at those courts are comparable to felony USA records. They are indexed by name and ID #.
Meanwhile, Hong Kong uses a British system of court records. They are easily accessed at all levels.
Official Blog of The Background Investigator (www.thebackgroundinvestigator.com) and Straightline International (www.straightlineinternational.com).
Monday, June 16, 2008
Using The CPIC Database For Pre-Employment Purposes
Can you or can't you? That is not the question. Rather, the question is -should you?
• Fact -Only criminal record information concerning indictable and hybrid offences is held by CPIC.
• Fact - The names of persons who have been charged but never convicted cannot be accessed from the CPIC database (with some exceptions).
• Fact - Information stored in local and provincial criminal records systems may or may not be found in the CPIC database. Since there is no legislation in place that requires local police to submit criminal information to CPIC (with the exception of the Young Offenders Act), the criminal records of the central system do not reflect the totality of records that exist.
• Fact - Local or provincial reporting systems contain various record information relating to summary offences (misdemeanors) and provincial statutes not found in CPIC.
According to Les Rosen, NAPBS Chairperson and FCRA-compliance authority,
"There are some counties in certain states that are available on a database. However, employers should never use a criminal database for employment decisions, and should always make sure that a screening company is utilizing the most hands-on means available to obtain criminal records, which is usually an on-site search at the courthouse. There are a number of disadvantages to a database search. First, the database may not be absolutely current. Secondly, not all counties have criminal records on the database. Third, databases are notorious for being inaccurate. Fourth, if an applicant’s name does appear, the actual records must still be pulled from the courthouse. Denying employment based just upon a name in a database without reviewing the actual court file would violate a number of laws and rights of applicants. Employers who rely on databases for employment decisions are opening themselves up to serious lawsuits. The bottom line is that an employer who relies upon such a database, and still hires a person with a criminal record resulting in some claim of damages, may not have the legal protection they thought they had. There would be a considerable legal question as to whether having used a database would provide evidence of due diligence. In other words, databases may well not demonstrate that an employer took reasonable care."
Based on the knowledge of these facts provided by The John Howard Society of Alberta and of the opinions expressed by Les Rosen, indeed, rather than could I use the CPIC database, a question you need ask yourself is should I.
• Fact -Only criminal record information concerning indictable and hybrid offences is held by CPIC.
• Fact - The names of persons who have been charged but never convicted cannot be accessed from the CPIC database (with some exceptions).
• Fact - Information stored in local and provincial criminal records systems may or may not be found in the CPIC database. Since there is no legislation in place that requires local police to submit criminal information to CPIC (with the exception of the Young Offenders Act), the criminal records of the central system do not reflect the totality of records that exist.
• Fact - Local or provincial reporting systems contain various record information relating to summary offences (misdemeanors) and provincial statutes not found in CPIC.
According to Les Rosen, NAPBS Chairperson and FCRA-compliance authority,
"There are some counties in certain states that are available on a database. However, employers should never use a criminal database for employment decisions, and should always make sure that a screening company is utilizing the most hands-on means available to obtain criminal records, which is usually an on-site search at the courthouse. There are a number of disadvantages to a database search. First, the database may not be absolutely current. Secondly, not all counties have criminal records on the database. Third, databases are notorious for being inaccurate. Fourth, if an applicant’s name does appear, the actual records must still be pulled from the courthouse. Denying employment based just upon a name in a database without reviewing the actual court file would violate a number of laws and rights of applicants. Employers who rely on databases for employment decisions are opening themselves up to serious lawsuits. The bottom line is that an employer who relies upon such a database, and still hires a person with a criminal record resulting in some claim of damages, may not have the legal protection they thought they had. There would be a considerable legal question as to whether having used a database would provide evidence of due diligence. In other words, databases may well not demonstrate that an employer took reasonable care."
Based on the knowledge of these facts provided by The John Howard Society of Alberta and of the opinions expressed by Les Rosen, indeed, rather than could I use the CPIC database, a question you need ask yourself is should I.
Doing Background Checks in Germany
The Background Investigator Investigates Germany.
Last month, as part of a new ongoing series, The Background Investigator, sent its attorney to Germany to explore the availability of criminal records. The results of this first investigation series appears below.
Investigating Germany
by Fred Frankel,
Attorney at Law
It is well established that one may obtain a search in Germany by filling out the proper application and paying the appropriate fee to the (German Central Records Bureau). The difficulty in this process is that the (German Central Records Bureau) requires a Power of Attorney in both English and German. The Power of Attorney must be approved by the (German Central Records Bureau) and still the (German Central Records Bureau) may not release the information to a third party. This process is further found to be impractical due to the rising costs involved. The last price I was quoted was 11 English pound or around 17 dollars.
I recently made a trip to Munich Germany in an effort to gain access to criminal records. I went to the Amstgericht and found that they do not have public access computers for criminal records. Access to records at the courts is very limited and unless you are a party to the case or the attorney you are not granted access. However, when I went to the office of the prosecutor and asked to have a name of a client searched I was provided with the results of the search. Based upon the results if necessary I would be able to pull the file at the courts. This process was similar at the Landsgericht although I found the clerk in the court more helpful when I provided my attorney card. Additionally, providing the clerk with a signed authorization is most helpful in getting them to perform the search.
Obtaining records from the Prosecutor’s office for the entire State of Bavaria is the best method. While the computer database holds the records for all of Bavaria the physical file will be at the Court in which the Case was heard (or at the local prosecutor’s office). This search, unlike the one obtained by the National Criminal Records in Bonn, is not National only State Wide.
Last month, as part of a new ongoing series, The Background Investigator, sent its attorney to Germany to explore the availability of criminal records. The results of this first investigation series appears below.
Investigating Germany
by Fred Frankel,
Attorney at Law
It is well established that one may obtain a search in Germany by filling out the proper application and paying the appropriate fee to the (German Central Records Bureau). The difficulty in this process is that the (German Central Records Bureau) requires a Power of Attorney in both English and German. The Power of Attorney must be approved by the (German Central Records Bureau) and still the (German Central Records Bureau) may not release the information to a third party. This process is further found to be impractical due to the rising costs involved. The last price I was quoted was 11 English pound or around 17 dollars.
I recently made a trip to Munich Germany in an effort to gain access to criminal records. I went to the Amstgericht and found that they do not have public access computers for criminal records. Access to records at the courts is very limited and unless you are a party to the case or the attorney you are not granted access. However, when I went to the office of the prosecutor and asked to have a name of a client searched I was provided with the results of the search. Based upon the results if necessary I would be able to pull the file at the courts. This process was similar at the Landsgericht although I found the clerk in the court more helpful when I provided my attorney card. Additionally, providing the clerk with a signed authorization is most helpful in getting them to perform the search.
Obtaining records from the Prosecutor’s office for the entire State of Bavaria is the best method. While the computer database holds the records for all of Bavaria the physical file will be at the Court in which the Case was heard (or at the local prosecutor’s office). This search, unlike the one obtained by the National Criminal Records in Bonn, is not National only State Wide.
The Plight of Zimbabweans and Background Checks
I recently returned from a trip to south central Africa - Zimbabwe. Many of us Americans have never heard of Zimbabwe nor need to; but we in the pre-employment screening industry care.
Their plight is sometimes dependent upon our concerns.
Zimbabwe is under turmoil. Inflation runs rampant. The population is suffering. Staple items such as bread and groceries are in short supply. The population is fleeing across borders.
I was there on a mission to better understand how I could help these immigrants who in search of a better life with the reality of their seeking employment enter countries without proper documentation.
I believe I was successful in my mission. I am now implementing a program whereby employers through pre-employment screening companies can facilitate their efforts to legally hire these immigrants, us providing proper documents and thereby, due diligence.
Today's world needs our service more than ever. It is not just a matter of dollars; it's a matter of life and death.
Their plight is sometimes dependent upon our concerns.
Zimbabwe is under turmoil. Inflation runs rampant. The population is suffering. Staple items such as bread and groceries are in short supply. The population is fleeing across borders.
I was there on a mission to better understand how I could help these immigrants who in search of a better life with the reality of their seeking employment enter countries without proper documentation.
I believe I was successful in my mission. I am now implementing a program whereby employers through pre-employment screening companies can facilitate their efforts to legally hire these immigrants, us providing proper documents and thereby, due diligence.
Today's world needs our service more than ever. It is not just a matter of dollars; it's a matter of life and death.
The Plight of Zimbabweans and Background Checks
I recently returned from a trip to south central Africa - Zimbabwe. Many of us Americans have never heard of Zimbabwe nor need to; but we in the pre-employment screening industry care.
Their plight is sometimes dependent upon our concerns.
Zimbabwe is under turmoil. Inflation runs rampant. The population is suffering. Staple items such as bread and groceries are in short supply. The population is fleeing across borders.
I was there on a mission to better understand how I could help these immigrants who in search of a better life with the reality of their seeking employment enter countries without proper documentation.
I believe I was successful in my mission. I am now implementing a program whereby employers through pre-employment screening companies can facilitate their efforts to legally hire these immigrants, us providing proper documents and thereby, due diligence.
Today's world needs our service more than ever. It is not just a matter of dollars; it's a matter of life and death.
Their plight is sometimes dependent upon our concerns.
Zimbabwe is under turmoil. Inflation runs rampant. The population is suffering. Staple items such as bread and groceries are in short supply. The population is fleeing across borders.
I was there on a mission to better understand how I could help these immigrants who in search of a better life with the reality of their seeking employment enter countries without proper documentation.
I believe I was successful in my mission. I am now implementing a program whereby employers through pre-employment screening companies can facilitate their efforts to legally hire these immigrants, us providing proper documents and thereby, due diligence.
Today's world needs our service more than ever. It is not just a matter of dollars; it's a matter of life and death.
All About England Civil searches
An England Update From Steven Brownstein
For civil searches in
England and Wales:
Need the Name, Address, Town and County to be searched. Each County is a separate search.
The judgments are from three sections:
The County Courts which includes administrative orders and child support agency orders. Second the High Court Judgments and finally the fines from local area justices.
Judgments only remain in the registry for up to seven years from the date of judgment.
The information obtained will include the case number, details of payments or lack of payment and the claimant’s information.
For civil searches in
England and Wales:
Need the Name, Address, Town and County to be searched. Each County is a separate search.
The judgments are from three sections:
The County Courts which includes administrative orders and child support agency orders. Second the High Court Judgments and finally the fines from local area justices.
Judgments only remain in the registry for up to seven years from the date of judgment.
The information obtained will include the case number, details of payments or lack of payment and the claimant’s information.
Tips for Local Court Researchers
It's been some time since I was performing searches at a local level (Cook County). But I remember it well.
The public access computers were on the 10th floor of the Daley Plaza (in downtown Chicago).
There the researchers would gather.
It was war. Competition was fierce.
It was pre-Windows. Paper was king.
What that meant was our clients would fax the work to us on their letterhead.
But beware of roaming eyes.
Peeking it wasn't. It was downright glaring - with my competition standing over my shoulder with a pen and piece of paper jotting names and telephone numbers of potential customers.
I had to cover, fold, twist, turn, hide the top of the list that had been sent me - fearing that a competitor would see the name of company sending me the work.
Sometimes it was frustrating. Sometimes it was bordering on lunacracy.
The things done. The stories told.
And now I get to read on a listserv of our Association that researchers are complaining or warning about 'low-balling' prices.
I do not know whether or not high or low pricing is justified in any one county.
That is the vendors' prerogative.
The vendor was complaining that the competition is lowering prices to where they themselves do not want them.
But maybe they are the ones that are overcharging.
The vendor should perform the job the best way they know how and let the results speak for themselves.
If all else fails maybe they are in the wrong business.
The public access computers were on the 10th floor of the Daley Plaza (in downtown Chicago).
There the researchers would gather.
It was war. Competition was fierce.
It was pre-Windows. Paper was king.
What that meant was our clients would fax the work to us on their letterhead.
But beware of roaming eyes.
Peeking it wasn't. It was downright glaring - with my competition standing over my shoulder with a pen and piece of paper jotting names and telephone numbers of potential customers.
I had to cover, fold, twist, turn, hide the top of the list that had been sent me - fearing that a competitor would see the name of company sending me the work.
Sometimes it was frustrating. Sometimes it was bordering on lunacracy.
The things done. The stories told.
And now I get to read on a listserv of our Association that researchers are complaining or warning about 'low-balling' prices.
I do not know whether or not high or low pricing is justified in any one county.
That is the vendors' prerogative.
The vendor was complaining that the competition is lowering prices to where they themselves do not want them.
But maybe they are the ones that are overcharging.
The vendor should perform the job the best way they know how and let the results speak for themselves.
If all else fails maybe they are in the wrong business.
Tips for Local Court Researchers
It's been some time since I was performing searches at a local level (Cook County). But I remember it well.
The public access computers were on the 10th floor of the Daley Plaza (in downtown Chicago).
There the researchers would gather.
It was war. Competition was fierce.
It was pre-Windows. Paper was king.
What that meant was our clients would fax the work to us on their letterhead.
But beware of roaming eyes.
Peeking it wasn't. It was downright glaring - with my competition standing over my shoulder with a pen and piece of paper jotting names and telephone numbers of potential customers.
I had to cover, fold, twist, turn, hide the top of the list that had been sent me - fearing that a competitor would see the name of company sending me the work.
Sometimes it was frustrating. Sometimes it was bordering on lunacracy.
The things done. The stories told.
And now I get to read on a listserv of our Association that researchers are complaining or warning about 'low-balling' prices.
I do not know whether or not high or low pricing is justified in any one county.
That is the vendors' prerogative.
The vendor was complaining that the competition is lowering prices to where they themselves do not want them.
But maybe they are the ones that are overcharging.
The vendor should perform the job the best way they know how and let the results speak for themselves.
If all else fails maybe they are in the wrong business.
The public access computers were on the 10th floor of the Daley Plaza (in downtown Chicago).
There the researchers would gather.
It was war. Competition was fierce.
It was pre-Windows. Paper was king.
What that meant was our clients would fax the work to us on their letterhead.
But beware of roaming eyes.
Peeking it wasn't. It was downright glaring - with my competition standing over my shoulder with a pen and piece of paper jotting names and telephone numbers of potential customers.
I had to cover, fold, twist, turn, hide the top of the list that had been sent me - fearing that a competitor would see the name of company sending me the work.
Sometimes it was frustrating. Sometimes it was bordering on lunacracy.
The things done. The stories told.
And now I get to read on a listserv of our Association that researchers are complaining or warning about 'low-balling' prices.
I do not know whether or not high or low pricing is justified in any one county.
That is the vendors' prerogative.
The vendor was complaining that the competition is lowering prices to where they themselves do not want them.
But maybe they are the ones that are overcharging.
The vendor should perform the job the best way they know how and let the results speak for themselves.
If all else fails maybe they are in the wrong business.
Background Checks in the Bahamas
The Background Investigator Goes To The Bahamas
In a continuing series, The Background Investigator, is sending its attorneys to various countries around the world to explore the justice systems and bring back to you their findings. This month Fred Frankel visited the Bahamas. Here is his report:
Doing Searches in The Bahamas: What You Need To Know
In the Bahamas, there are two main courts the Supreme Court and the Magistrate Courts.
The magistrate courts are lower courts and the records are split up depending on which of the Courts your case was in.
It makes it very difficult to look up cases by a name since you would need the court number for the computer to search.
You could try all 11 courts but that's not very practical since you cannot do the searches yourself - the clerk at the computer does them.
The Supreme Court is a little more organized but there computer records are not very accurate.
The best place to search is the Police Department. There is an office devoted solely to issuing background certificates. This office is very helpful and you can obtain information but it needs to be done in person. The warrants department is the most extensive database since it will have arrests and convictions where the other records office generally only has convictions.
In a continuing series, The Background Investigator, is sending its attorneys to various countries around the world to explore the justice systems and bring back to you their findings. This month Fred Frankel visited the Bahamas. Here is his report:
Doing Searches in The Bahamas: What You Need To Know
In the Bahamas, there are two main courts the Supreme Court and the Magistrate Courts.
The magistrate courts are lower courts and the records are split up depending on which of the Courts your case was in.
It makes it very difficult to look up cases by a name since you would need the court number for the computer to search.
You could try all 11 courts but that's not very practical since you cannot do the searches yourself - the clerk at the computer does them.
The Supreme Court is a little more organized but there computer records are not very accurate.
The best place to search is the Police Department. There is an office devoted solely to issuing background certificates. This office is very helpful and you can obtain information but it needs to be done in person. The warrants department is the most extensive database since it will have arrests and convictions where the other records office generally only has convictions.
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