New York Background Check
What is Background Check?
A background check or background investigation is the process of researching and compiling past information on an individual. This information is usually gleaned from public records held by government organizations and departments. They include arrest records (warrants, felony and misdemeanor charges, incarcerations, sex offenses), vital records (marriage and divorce records, birth and death certificates, civil court hearings), property records (owned property, estimated values, purchased goods used as collateral), background check records (bankruptcy records, places of residence, occupancies at that residence, and how long people lived there
The amount of background check information presented on StateRecords.org will vary from individual to individual as well as by what resources were used to collect the information, because different sources, which are publicly available, often have the non-standardized town, county and state level protocols, storage classifications, requirements, organization and digitization processes.
In the United States, a county is a political and geographic subdivision of a state, usually assigned some level of governmental authority. Many counties are divided into smaller political or governmental units, which may provide governmental or public services. The importance of the county infrastructure lays on the court legal procedures and incarceration infrastructure. Most court cases in New York courts begin in one of the 62 superior or trial courts located in each of the state’s 62 counties. Each county demonstrates a judicial power and legal power by its courts. All small claim cases are assigned to the county courthouses, leaving them with the executive power over the sentence of the case.
New York Department of Correction and Rehabilitation is entitled to govern the majority of the imprisonment in the state of New York, excluding juvenile incarceration, federal prisons, and county jails. The state of New York registers 54 state prisons held by the New York Department of Correction and Rehabilitation, 4 federal prisons, which includes the following categories: United States Penitentiaries, Federal Correctional Institutions, and Administrative facilities, 3 major juvenile facilities held by the New York Division of Juvenile Justice.
A criminal record is defined as an official document that records a person’s criminal history including arrest records, warrant records, felony records, misdemeanor records, and sex offender registration information. The information is assembled and updated from local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities. The standard for criminal record collection and storage varies from county to county, but the majority of New York criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report.
A civil record is defined as the documents which keep, administrate, and maintain all records regarding a person’s most important life events. These records compile such documents as birth certificates, marriage records, divorce records, and death certificates. All the available records are gathered and stored in a permanent central registry state entity that is used to develop statistical analysis of its population presenting it to the public in a report. The records are compiled from the information presented by the bureaus of statistic and vital records, civil court cases, and vital indexes.
Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. While bankruptcy cases are always filed in United States Bankruptcy Court, an adjunct to the United State District Courts, bankruptcy cases, particularly with respect to the validity of claims and exemptions, are often dependent upon State law. The United States Code signed six types of bankruptcy under the Bankruptcy Code. The most common types of personal bankruptcy for individuals are addressed in Chapter 7 and Chapter 13 which compromise straight bankruptcy and Wage Earner Bankruptcy.
Why is Background Check is Available to the Public?
The Freedom of Information Law (FOIL) is a series of laws designed to guarantee that the public is provided access to public records of all governmental bodies in New York. New York's first such law was passed in 1974. That law was repealed and replaced in 1977 with a significantly changed law. Important amendments to the law were made in 1982, 2005 and 2008. The law aims to ensure disclosure of court records and other public records to the public, Freedom of Information Law. Every person throughout the state can request access to access all public records through the assigned specialized offices within its determined terms. The availability of the records extends to vital records, court records, criminal records and bankruptcy information as these cases are governed by the New York District Courts
What Background Check Access Mean to the Public?
The FOIL similar to The New York Open Meeting (OML), which was enacted in 1976, except for the fact that it establishes open access to any public records and not only people’s and businesses’ conduct. The FOIL creates a presumption of openness, rather than listing records that the agencies must disclose, and declares that all records are open unless specifically exempt by statute.