Saturday, October 24, 2009

The TRUTH about “FREE" Criminal Records Searches

by Joe Hoover

Enter “Free Criminal Records Search” in Google. Click on one of the listings. Enter your subject’s name (this could be the only information that you have), and other personal information, your subject has provided. Your search results could be in the hundreds, depending on how common the name is and the breadth of your search area (a county, state or national search). How do you identify which one is your subject?

Know this: There is a big difference between a “Criminal Records Search” and a “Criminal Background Check”. A “Criminal Records Search” is searching a single database with the identifying information that you have been provided. A “Criminal Background Check”, on the other hand, will discover and verify your subject’s personal information, thereby establishing positive identity, plus searching a variety of databases.

Criminals are experts at supplying you with bogus information. They use aliases and variations of their name, change around or alter their date of birth, change their social security number and leave out past addresses. How would you know these things, unless you had done a basic background check and address history search on them?

Even if you have established positive identification, what have you accomplished? You have searched a database, but what is the source of that database? Which states and counties contribute to that database? More importantly, which ones do not? There is no National Criminal Database and all databases are not created equal. Some are up-to-date, others are out-of-date. Some pay data brokers for a “data dump” once or twice a year. What if your subject committed a crime in the recent past? Would this show up on a free search? Most likely not!

Read Full "FREE Criminal Records," Article

For more information on conducting a criminal background check, read this article: How To Search Criminal Records.

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Friday, May 22, 2009

Criminal Records - Forciable Entry & Detainer

by Joe Hoover

What does a "Forcible Entry and Detainer" filing mean? Did the subject break into a residence?

According to D.L. Drain, an Arizona attorney, Forcible Entry and Detainer is an action that a landlord or new property owner can take if the existing occupant refuses to leave after appropriate notice.

This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different depending on whether the property is residential or non-residential.

The tenant/occupant receives a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise.

After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a very short notice period before a court hearing.

The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.

The court will enter an order directing the tenant/occupant to vacate within 5 judicial days. After that period has expired the Sheriff's office can then evict the tenants/occupants, remove their personal property and give the rightful owner possession and control of the property.