HOW TO ACCESS STATE AND COUNTY RECORDS (Civil and Criminal)
Generally,
the first step in accessing state and county records is to simply
call the appropriate state or county office, speak to the clerk who
answers, and ask whether the information you need is publicly available
and, if so, what's the easiest way to obtain it.
REMEMBER: Just because
a government agency has a web site, it doesn't follow that that
site is the easiest way to get the info you need. Government sites
are often confusing and hard to navigate. It may well be that the
easiest route to the information you need is to simply ask the clerk
to access it for you while you wait on the phone!
(In some cases, e.g.,
if you're interested in accessing real property records, you may
have to be transferred to the County Recorder's Office; again, the
clerk who answers the phone can advise you.)
Our List
of States will lead you to the appropriate phone numbers for
your state or county.
If it turns out phone
access isn't possible, the next easiest way may be for you to send
in a written request, with a check for whatever nominal fee is applicable,
plus a self-addressed, stamped envelope for the agency to use in mailing
you the documents you've requested. Again, the clerk can advise you
if this is the most efficient method of access. (Click
here for a sample written information request.)
Possibly, of course,
you'll wish to search online. Ask the clerk if the background check
information you need is available online and, if so, how you can
most easily access it that way. Public records are more commonly
available online at the federal and state levels than at the county
level. In any event, the main thing to remember is: always call
first, then, after you've spoken to a live human being, decide what
your best method of access is. Don't waste your time floundering
around an agency's web site if a clerk can get you the information
on the phone in a matter of seconds via his/her computer terminal.
(Of course, you may still need to obtain an actual document or file;
in that case, it can usually be copied and mailed or faxed to you
for a modest fee.)
Yet another possibility
is for you to use a "public documents retriever," that is, a firm
which, for a fee, will search for and retrieve the public documents
you need. The government clerk you speak to can probably recommend
a reliable public documents retriever and provide their phone number.
More Information
On...ACCESSING STATE AND COUNTY RECORDS
For those interested
in delving a little deeper, here's additional information on public
records access.
GENERAL TYPES OF RECORDS
AVAILABLE:
CIVIL LITIGATION RECORDS
- Every background
investigation should include a civil litigation check; most Americans,
at one time or another, are involved in some form of civil litigation,
be it a divorce, a lawsuit, or an employment conflict.
- You probably won't
be interested in checking small claims courts. Court records for
the higher courts, the district and superior state courts, are
filed at the county level, and may include extremely informative
interrogatories, depositions, and citations, among other documents.
All are public information.
- Types of cases you
may uncover: divorces, personal injury lawsuits, financial claims
and litigation, and fraud claims, among others.
- Before beginning
your background check, you should carefully consider in which
geographic area or areas you're most likely to uncover litigation
involving your subject. Click here
for further discussion of this issue.
CRIMINAL LITIGATION RECORDS
- Most states now maintain
central repositories of criminal records in their Department of
Law Enforcement, or a similarly-named agency. However, it is always
advisable to also check your subject at the county level as well.
State records are sometimes incomplete. Experts advise checking
at the state level plus at least one county (e.g., his/her current
county of residence). Click here
for further discussion of this issue.
- Some states (e.g.,
California) severely restrict access to state-maintained criminal
records. However, access at the county level is generally open
and can often be accomplished by telephone.
- The only nationwide
repository of criminal background information is the FBI's National
Crime Information Center (NCIC), which is not open to public inquiries.
Thus, conducting a complete state-by-state or county-by-county
criminal background check on your subject is a substantial undertaking.
- If you think there's
a possibility that your subject may have been charged by the FBI
or IRS (i.e., charged with a federal offense), you'll also need
to check the criminal division of the federal clerk's office at
your local federal building.
- To find out what
county a given city is in, visit the website of the National
Association of Counties.
COUNTY CLERK & RECORDER'S
OFFICE RECORDS Besides
litigation records, the other major category of public record information
is county (or city) clerk & recorder office records.
These are essentially
documents recording ownership of property. The two main types are:
Real Estate Records
-- mortgages, easements, deeds, and other legal documents that record
every type of property transaction. Note that these documents can
be quite complex and you may need a real estate professional or
attorney to help you interpret them.
Uniform Commercial
Code (UCC) Records - financing statements that indicate the
interest a lender has in an asset being used as collateral for a
loan, such as a loan on business equipment or a boat. UCCs are frequently
used to locate a subject's bank account since behind every UCC record
is a credit application. UCCs can also be found at the state level,
in the Secretary of State's Office.
|