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Aug 19, 2008 




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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. 






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