Go back InfoCheckUSA Mobile Click to Call
Crime Guide

Recent posts in 'Criminal Records' | Help Desk System

How do I remove extra Criminal Counties or Federal Jurisidctions?
3 Feb 2012 16:56

Based on the Applicants Address or SSN the system will automatically add (populate) the proper Counties and Jurisdictions for the last 7 years - these searches are recommended for the County Criminal Check and Federal Criminal Check for comprehensive coverage.

Additional counties and jurisdictions will will incur the normal search fees and added to your existing searches or package fees.

If you do not want the extra searches just Click on the search bar then click REMOVE on the counties and jurisdictions that you do not want.

 

COUNTY-CHECK-SCREEN-REMOVE.png

 

FEDERAL-CHECK-REMOVE.png

What is the Best Choice for Criminal Background Screening?
5 Jan 2012 16:24

Do you feel like there are too many choices for background checks and background check providers? Your choice is easy - choose InfoCheckUSA. We make it easy to sign-up and easy to order! InfoCheckUSA provides the best background data and screening system on the market. The table below shows the most popular and recommended products that we offer for Criminal Background Screening .

 

Background Check Verify | Verify Background Check

 

Search Description
Price
Package
Popular 
Most Ordered
$14.95
No
Yes
 
$19.95
Yes
Yes
$49.95
Yes
Yes
$39.95
Yes
Yes

Our Most Ordered and Recommended Package:

 

CrimCHECK360 Criminal Background Report

Run a COMPLETE 360 degree Criminal Background Search Report and get accurate and comprehensive data plus save money - 50% cost savings! InfoCheckUSA provides the largest Criminal Records Database in the industry which comprises over 850 million records.

 This Complete Criminal Check Includes:

National Criminal SUPERSEARCH
National SexOffender Check
Federal Criminal Check
County Criminal Check *
Nationwide Wants and Warrants
Homeland Security Check
SSN IDentity Check

This is the most comprehensive criminal search on the market.

 Search Fee: $49.95. (Report Completed within 3 Business Days)

* Additional Charges May Apply for Court Access Fees

 

Why Choose InfoCheckUSA?

 Service Features
InfoCheckUSA
Competitors
 Best Pricing 
 Std. National Criminal Check 
 National Criminal SUPERSEARCH 
 Comprehensive CrimCHECK360 Package 
 Direct Integration with County Courts 
 Icon Based Ordering System 
 Create your own packages 
 24/7 Online Support & Ticketing System 
 Licensed Background Investigators
?
 Certified Fraud Specialists 
?
 QA Process to Verify Criminal Reports 
?
 Accredited Business with BBB 
?

 

How Far Back Do You Report Criminal Records?
28 Nov 2011 15:01

Our National Criminal and State Criminal database checks will report as far back as the records are available.

Our County Criminal Check defaults to 7 years; however, you can manually select beyond 7 years up to 30 years.

Per FCRA there are some limitations on what can be reported beyond 7 YEARS:

These items of information are no longer reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.

NOTE:  Arrest Records, Complaints and any other Adverse Action WILL BE reported within the last 7 years from the date of the search requested. Beyond 7 years these records WILL NOT be reported - ONLY CONVICTIONS can be reported.

We do NOT Report Dismissed or Dropped Cases. Sealed or Expunged cases will NOT and CANNOT be reported.

We do REPORT Adjudication Withheld, Deferred Adjudication and PTI / PTD (Pre-Trial Intervention and Pre-Trial Diversion) Cases.

What is Re-Screening?
12 May 2011 19:02

Re-Screening should be performed either quarterly or bi-annually on Applicants for Criminal and MVR Checks. Just because an individual has a clear record today DOES NOT mean they will have a clear record in 6 or 12 months.

What is PTI on a Florida Criminal Report?
2 May 2011 23:25

PTI - Pretrial Intervention Program:

(1)  The department shall supervise pretrial intervention programs for persons charged with a crime, before or after any information has been filed or an indictment has been returned in the circuit court. Such programs shall provide appropriate counseling, education, supervision, and medical and psychological treatment as available and when appropriate for the persons released to such programs.

(2)  Any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for release to the pretrial intervention program on the approval of the administrator of the program and the consent of the victim, the state attorney, and the judge who presided at the initial appearance hearing of the offender. However, the defendant may not be released to the pretrial intervention program unless, after consultation with his or her attorney, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his or her right to a speedy trial for the period of his or her diversion. The defendant or the defendant's immediate family may not personally contact the victim or the victim's immediate family to acquire the victim's consent under this section.

(3)  The criminal charges against an offender admitted to the program shall be continued without final disposition for a period of 90 days after the date the offender was released to the program, if the offender's participation in the program is satisfactory, and for an additional 90 days upon the request of the program administrator and consent of the state attorney, if the offender's participation in the program is satisfactory.

(4)  Resumption of pending criminal proceedings shall be undertaken at any time if the program administrator or state attorney finds that the offender is not fulfilling his or her obligations under this plan or if the public interest so requires. The court may not appoint the public defender to represent an indigent offender released to the pretrial intervention program unless the offender's release is revoked and the offender is subject to imprisonment if convicted.

(5)  At the end of the intervention period, the administrator shall recommend:

(a)  That the case revert to normal channels for prosecution in instances in which the offender's participation in the program has been unsatisfactory;

(b)  That the offender is in need of further supervision; or

(c)  That dismissal of charges without prejudice shall be entered in instances in which prosecution is not deemed necessary.
The state attorney shall make the final determination as to whether the prosecution shall continue.

(6)(a)  Notwithstanding any provision of this section, a person who is charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893, tampering with evidence, solicitation for purchase of a controlled substance, or obtaining a prescription by fraud; who has not been charged with a crime involving violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, or any other crime involving violence; and who has not previously been convicted of a felony nor been admitted to a felony pretrial program referred to in this section is eligible for admission into a pretrial substance abuse education and treatment intervention program approved by the chief judge of the circuit, for a period of not less than 1 year in duration, upon motion of either party or the court's own motion, except:

1.  If a defendant was previously offered admission to a pretrial substance abuse education and treatment intervention program at any time prior to trial and the defendant rejected that offer on the record, then the court or the state attorney may deny the defendant's admission to such a program.

2.  If the state attorney believes that the facts and circumstances of the case suggest the defendant's involvement in the dealing and selling of controlled substances, the court shall hold a preadmission hearing. If the state attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in the dealing or selling of controlled substances, the court shall deny the defendant's admission into a pretrial intervention program.

(b)  At the end of the pretrial intervention period, the court shall consider the recommendation of the administrator pursuant to subsection (5) and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program.

(c)1.  If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment or order that the charges revert to normal channels for prosecution.

2.  The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program.

(d)  Any entity, whether public or private, providing a pretrial substance abuse education and treatment intervention program under this subsection must contract with the county or appropriate governmental entity, and the terms of the contract must include, but need not be limited to, the requirements established for private entities under s. 948.15(3).

(7)  The chief judge in each circuit may appoint an advisory committee for the pretrial intervention program composed of the chief judge or his or her designee, who shall serve as chair; the state attorney, the public defender, and the program administrator, or their designees; and such other persons as the chair deems appropriate. The advisory committee may not designate any defendant eligible for a pretrial intervention program for any offense that is not listed under paragraph (6)(a) without the state attorney's recommendation and approval. The committee may also include persons representing any other agencies to which persons released to the pretrial intervention program may be referred.

(8)  The department may contract for the services and facilities necessary to operate pretrial intervention programs.

What is a Dismissed Charge Before Trial?
2 May 2011 22:48

A charge disposition that was dismissed before trial:

No Information Filed
Nolle Prosequi
Dismissed

Is Pleading No Contest to a Misdemeanor considered a Conviction?
28 Apr 2011 14:32

YES - A plea of no contest means you do not contest the charges against you. It has the same effect as a guilty plea. It results in a conviction and will stay on your record unless expunged.
There is no difference between a no contest plea and a guilty plea. Even though you may not be admitting guilt, a no contest plea allows the Court to enter a conviction and impose a sentence upon you. By pleading no contest, you give up your constitutional rights to a trial, to have your guilt or innocence decided by a jury, to confront your accusers and cross-examine them in court and to raise any defense you may have to the charge against you. Unless you have an agreement with the prosecutor for a deferred adjudication or sentence, the court will sentence you on a no contest plea as if you pleaded guilty, and you will have a record of conviction.

-----------------------------

Nolo contendere is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest.

A nolo contendere plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant in a nolo contendere plea may not be required to allocute the charges. This means that a nolo contendere conviction typically may not be used to establish either negligence per se, malice, or whether the acts were committed at all in later civil proceedings related to the same set of facts as the criminal prosecution

Do I need a Person's Permission to run a Criminal Background Check?
27 Apr 2011 17:01

Criminal records are considered to be public record, BUT you sometimes do need a person's permission before running a criminal report.
If you intend to use the information provided through our services to make a decision that could negatively affect another person's ability to secure employment, insurance, credit, or housing, then you must first inform the subject that you are obtaining a Consumer Report, and obtain their written authorization.
Many employers and apartment communities have found that letting the applicants know that a signed release is needed has extra benefits: good applicants are encouraged that you perform background checks, while bad applicants will sometimes withdraw themselves from the application process, saving you valuable time and money.

Signed Release Attached:

What is the difference between a Felony and a Misdemeanor?
25 Apr 2011 18:05

***** FELONY *****

Felony: Felonies are considered the most serious types of crimes, and each state has different punishments for these offenses. A standard definition of a felony is any crime punishable by more than one year in prison or by death for capital offenses like first-degree murder.

Crimes commonly considered to be felonies include, but are not limited to:   aggravated assault and/or battery, arson,  burglary, illegal drug use/sales, grand theft, robbery, murder, rape, and vandalism on federal property.Broadly, felonies can be categorized as either violent or non-violent (property and drug) offenses.

Some offenses, though similar in nature, may be felonies or misdemeanors depending on the circumstances. For example, the illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of small amounts may be only a misdemeanor. Possession of a deadly weapon may be generally legal, but carrying the same weapon into a restricted area such as a school may be viewed as a serious offense, regardless of whether there is intent to use the weapon. Additionally, driving while intoxicated in some states may be a misdemeanor if a first offense, but a felony on subsequent offenses.

--------------------------------------------------------------------------------------------------------------

***** MISDEMEANOR *****

Misdemeanor: Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a heavier fine than what someone would pay if they committed a petty offense, or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary).

In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a felony who are known as felons). Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, drug possession, reckless driving, and other similar crimes.

 

Criminal Reports: Each report disposition should be reviewed carefully as many felony charges are pleaded down to misdemeanors.

What are Court Access Fees?
22 Apr 2011 17:12

Some County Courts throughout the USA charge access fees to "hand-check" their court records in person. InfoCheckUSA has no control over these fees as they are charged by the respective courts and in addition InfoCheckUSA does not make money on these fees - they are directly passed onto the client.  

The access fees average $5.00 to $20.00; however, some courts in New York charge $65.00. The access fees are added to the normal InfoCheckUSA County Criminal Check fee of $15.95.

NY Court Access Fees: $65.00

Bronx
Erie
Kings
Nassau
New York
Queens
Rensselaer
Richmond

Criminal Disposition Explanations
22 Apr 2011 13:23

Disposition Explanations

Acquittal, Not Guilty - The defendant has been found not guilty of the offense tried for.

Adjudication Withheld - Court decision at any point after filing of a criminal complaint, to continue court jurisdiction but stop short of pronouncing judgment. This is to avoid the undesirable effects of correction.

Clemency, Pardon, Amnesty Commutation, Reduced Sentence and Reprieve - Executive or legislative action where the severity of punishment is reduced or the punishment stopped or a person is exempted from prosecution for certain actions.

Conditional Release - early release by executive decision from prison and whose release is contingent upon obeying specified rules of behavior.

Discharge - release from confinement or suspension.

Dismissal - termination of court jurisdiction over a defendant in relation to charges before court or prosecutor.

Dismissals with prejudice - no reopening of case
Dismissals without prejudice - case could be reopened

Diversion - Official suspension of criminal proceedings against an offender after arrest, but before judgment and referral of person to a treatment or care program, or no referral.

Incompetent to Stand Trial - defendant will not stand trial until the defendant may be found competent.

Not Guilty By Reason of Insanity - not mentally competent at the time the crime was committed.

Nolo Contendere - will not contest charge, but neither admits guilt nor claims innocence.

Guilty - committed crime.

Transfer To Adult Court or Treat as an Adult - juvenile has been transferred to adult court for disposition of criminal activity.

Acquittal(recommended statistical terminology) - The judgment of a court, based on the verdict of a jury or a judicial officer, that the defendant is not guilty of the offense(s) for which he or she has been tried.

Annotation

This is a type of defendant disposition (see entry) which, when the acquittal is on all charges in the case, terminates criminal justice jurisdiction over the defendant. In statistics describing judicial activity it is a final court disposition.

It should be noted that a not guilty verdict rendered by a jury is equivalent to a judgment of acquittal because a jury verdict of not guilty compels the court to acquit the defendant. This equivalence does not exist in the case of guilty verdicts. A judge can, when appropriate grounds exist, disregard a jury finding of guilty and pronounce a judgment of acquittal.

Statistical presentations of the results of adjudication should therefore use "guilty" or "not guilty" to indicate the verdict (the result of the trial phase of the judicial process), and "acquittal" or "conviction" to indicate the judgment. Seeverdict and judgment.

Since acquittals can be arrived at by routes significantly different with respect to impact on defendants and prosecutorial and court workload, statistical presentations generally distinguish between acquittals:

By Jury Jury trial resulting in a not guilty verdict

By Court Nonjury trial or acquittal pronounced by court notwithstanding jury verdict.

Adjudication Withheld (recommended statistical terminology) - In criminal justice usage, a court decision at any point after filing of a criminal complaint, to continue court jurisdiction but stop short of pronouncing judgment.

Annotation

The usual purpose in stopping criminal proceedings short of judgment is avoidance of the undesirable effects of conviction, which effects can include both unnecessary harm to the offender and unnecessary expense or harm to the public interest. "Withholding adjudication," as defined here, places the subject in a status where the court retains jurisdiction but will not re-open proceedings unless the person violates a condition of behavior.

"Adjudication withheld" is an important category of defendant dispositions. The term is here defined for statistical use to account for those cases which receive what is sometimes effectively a sentencing disposition but one occurring without conviction. In court caseload data, this category is recognized, but is often combined for presentation in a single category with convictions.

In defendant flow data and statistics concerning the general budgetary impact of court decisions, "adjudication withheld" dispositions should be subdivided by the accompanying status change or program placement: (1) referral to probation or other criminal justice agency, (2) referral to a non-criminal justice agency, and (3) no referral.

See defendant dispositions. See also diversion.

Appeal - Generally, the request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside (reverse it) or modify it; also, the judicial proceedings or steps in judicial proceedings resulting from such a request.

Annotation

In general usage the term "appeal" has no fixed meaning. It is variously defined in statutes respecting appellate procedure. "Appeal" can stand for a type of case, a type of proceeding, or all the post-trial proceedings relating to a given case. For recommended statistical terminology in this area of court activity see appeal case, request to appeal case, sentence review, and appellate court case.

The rules governing circumstances in which an appeal is permitted, and in which a hearing is guaranteed, are complex and differ somewhat from state to state. They vary according to the type of case (e.g., criminal vs. civil), whether the appeal is by the defendant or by the plaintiff or prosecution, and the specific grounds for appeal.

Career Criminal - In prosecutorial and law enforcement usage, a person having a past record of multiple arrests or convictions for serious crimes, or an unusually large number of arrests or convictions for crimes of varying degrees of seriousness.

Annotation

This term has a formal status in management systems for allocating prosecutorial resources and setting priorities in case scheduling in order that defendants and cases warranting special attention be dealt with effectively and speedily. The exact definition varies among different agencies.

Professional criminal is a popular name for a person who has made crime his or her livelihood, that is, a person who depends upon criminal activities for at least a substantial portion of his or her income, and who has developed special, related skills.

Statutorily defined habitual offenders fit the definition of "career criminal."

Civil Commitment:

In general usage, the action of a judicial officer or administrative body ordering a person to be placed in an institution or program for custody, treatment or protection, usually one administered by a health service.

(recommended criminal justice statistical terminology) A non-penal commitment to a treatment facility resulting from findings made during criminal proceedings, either before or after a judgment.

Annotation

A civil commitment made in the course of disposing of a case initiated by a criminal charge is usually not considered a judgment for purposes of statistical description of criminal defendant or case outcomes. In a criminal case the judgment is acquittal or conviction. (See also defendant dispositions.)

In criminal proceedings (definition II), a civil commitment may follow a court determination that an alleged offender cannot be prosecuted because incompetent to stand trialor because not guilty by reason of insanity. It may also follow, for example, a successful criminal prosecution for a drug law violation, where the offender is committed to a special institution for the treatment of drug addiction, instead of a penal institution. The federal Narcotics Addicts Rehabilitation Act provides for non-penal commitments to treatment facilities as dispositions of alleged or convicted drug offenders.

Although a person may be deprived of liberty by a civil commitment, it is in principle not done for the purpose of punishment, but rather for the welfare of the subject or others. A civil commitment to a medical facility ordinarily follows civil proceedings that have determined that the subject is a danger to self or to others, or cannot care for himself or herself because of mental disability.

The term is also used to refer to court-ordered jailing of a person who refuses to obey a court order issued in the course of a civil suit.

Clemency - In criminal justice usage the name for the type of executive or legislative action where the severity of punishment of a single person or a group of person is reduced or the punishment stopped, or a person is exempted from prosecution for certain actions.

Annotation

Grounds for clemency include mitigating circumstances, post-conviction evidence of innocence, dubious guilt, illness of prisoner, reformation, services to the state, turning state's evidence, reasons of state, the need to restore civil rights, and corrections of unduly severe sentences or injustices stemming from imperfections in penal law or the application of it.

The chief forms of clemency are pardons (full and conditional), amnesties, commutations, reduced sentences, reprieves and remissions of fines and forfeitures. In actual use the meanings of these terms overlap. For example, in some jurisdictions a particular kind of pardon may be called "executive clemency," or a given kind of commutation a "pardon." Informational definitions emphasizing the basic distinctions that are usually, but not always, made are as follows:

Full pardon - An executive act completely and unconditionally absolving a person from all consequences of a crime and conviction. This act is sometimes called an "absolute pardon," and can imply that guilt itself is "blotted out." It is an "act of forgiveness" and is accompanied, generally, by restoration of civil rights. American law tends to use this executive remedy, instead of judicial proceedings, when serious doubt of guilt or evidence of innocence arises after conviction.

Conditional Pardon - An executive act releasing a person from punishment, contingent upon his or her performance or non-performance of specified acts.

Amnesty - A kind of pardon granted by a sovereign authority, often before any indictment, trial or conviction, to a group of persons who have committed offenses against the government, which not only frees them from punishment, but has the effect of removing all legal recognition that the offenses occurred. A "pardon" is distinct from an amnesty in that the former applies to only one person, and does not necessarily include the abolition of all legal recognition that the offense occurred. An amnesty is sometimes called a "general pardon" because it applies to all offenders of a given class, or all offenses against a given statute or during a certain time period. The sovereign authority may be executive or legislative.

Commutation (of sentence) - An executive act changing a punishment from a greater to a lesser penalty; in correctional usage, a reduction of the term of confinement resulting in immediate release or reduction of remaining time to be served; also, the change from a sentence of death to a term of imprisonment. Commutation does not, generally, connote "forgiveness." It is often used to shorten an excessively and unusually long sentence. Commutation can occur with respect to groups of prisoners, though with a different impact on the term of confinement of each single prisoner.

Reduced sentence - A sentence to confinement of which the time duration has been shortened by judicial action; also, a reduced fine or other material penalty. Reduction of sentence can occur at many process points, beginning with the sentencing disposition after conviction.

Reprieve - An executive act temporarily suspending the execution of a sentence, usually a death sentence. A reprieve differs from other suspensions of sentence not only in that it almost always applies to temporary withdrawing of death sentence, but also in that it is usually an act of clemency intended to provide the prisoner with time to secure amelioration of the sentence.

See "terminations" under prison/parole population movement, for data terminology for clemency actions.

Conditional Release (recommended statistical terminology) - The release by executive decision from a federal or state correctional facility, of a prisoner who had not served his or her full sentence and whose freedom is contingent upon obeying specified rules of behavior.

Annotation

In this terminology the class "condition release" includes only those in states where return to a prison can occur at the discretion of an executive agency (usually, a parolingauthority) if the subject violated the stated conditions of behavior. Releases by judicial authority, with return, if any, also decided by court action, are not members of this class. These latter are final exits from the state corrections perspective, since all corrections agency jurisdiction over the subject is terminated.

Conditional releases are defined here consist mainly ofreleases to parole and mandatory supervised releases. They are in contrast to the category provisional exitswhere return is expected. They are also in contrast to exits from prison to probation supervision by a state agency and releases to probation administered directly by a court. The latter is usually treated as a final prison/parole system exit in state data.

See parole agency caseload entries and removals and prison/parole population movement for the uses of these categories in data structures.

Discharge - In criminal justice usage, to release from confinement or supervision, or to release from a legal status imposing an obligation upon the subject person.

Annotation

This term is used with various meanings in criminal justice statistical publications, often without definition. Its use without qualifications is not recommended. Preferred terms are listed under defendant dispositions, parole agency caseload entries and removals, probation supervisory population movement and prison/parole population movement.

A "discharge" from prison or parole is most often, though not always, understood to mean a final separation from the jurisdiction of the correctional agency. "Discharge" from probation may mean a satisfactory termination or a revocation o the probation status (see preferred terms as above). In court disposition data some kinds of sentencing dispositions are sometimes called "conditional discharges," meaning that the persons are released from punishment contingent upon fulfilling obligations stated by the court. See also suspended sentence.

Dismissal:

In judicial proceedings generally, the disposal of an action, suit, motion or the like without trial of the issues; the termination of the adjudication of a case before the case reaches judgment.

(recommended criminal justice statistical terminology) - The decision by a court to terminate adjudication of all outstanding charges in a criminal case, or all outstanding charges against a given defendant in a criminal case, thus terminating court action in the case and permanently or provisionally terminating court jurisdiction over the defendant in relation to those charges.

Annotation

"Dismissal" or "dismissed" is a major descriptive category in statistics concerning dispositions of cases and defendants in court proceedings. Although dismissals can be subcategorized by nature in various ways, they are usually presented as a single category of case or defendant dispositions in statistical reports. Dismissals and instances where the prosecutor declines to pursue the case are often combined under the label "dismissed/nolle prosequi" (seenolle prosequi).

A dismissal of a defendant case is a data item in the classdefendant dispositions (see entry). See also adjudication withheld for another kind of provisional termination of adjudication.

Where general comparisons between dispositions of defendants and related court caseload activity are needed, it is recommended that defendants whose cases are dismissed prior to trial be counted separately from those where dismissal occurs after a trial has begun.

In criminal proceedings, a dismissal of a given charge or entire case can be initiated by motion of the defense or prosecution, or on the court's own motion. The common reasons for dismissals include insufficient evidence to support arrest or prosecution (see probable cause), evidence illegally obtained, errors in the conduct of the proceedings or failure to proceed as quickly as required, and failure of the jury to agree on a verdict. See illegal search and seizure, dismissal for want of prosecution, mistrial, hung jury, and dismissal in the interest of justice for examples.

With respect to the possibility of reopening the case,dismissals with prejudice (no subsequent prosecution possible) are distinguished from dismissals without prejudice (reopening possible).

Diversion:

In the broadest usage, any procedure which (a) substitutes non-entry for official entry into the justice process, or (b) substitutes the suspension of criminal or juvenile proceedings for continuation, or (c) substitutes lesser supervision or referral to a non-justice agency or no supervision status for confinement.

Standards and Goals definition: The official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake but before the entering of a judgment, and referral of that person to a treatment or care program administered by a non-justice or private agency, or no referral.

Annotation

Definition (I) represents the actual span of usage of the term though some of the included actions, such as probation instead of confinement, are conventional alternatives to incarceration that were employed before the term "diversion" was used in the justice vocabulary.

Definition (II) is that recommended by the Task Force on Corrections of the National Advisory Commission on Criminal Justice Standards and Goals, (pages 73-4 of the volumeCorrections, issued January 23, 1973). It strategically narrows the meaning of the term. The Commission's definition requires:

That adequate grounds for alleging the commission of an offense exist.

That an official system entry be recorded (arrest, referral to juvenile intake agency or appearance in court).

That judicial proceedings be halted or at least suspended after entry and before judgment.

That the alternative to continuation of proceedings be referral to non-justice supervision of treatment, or no referral.

The definition thus excludes from the meaning of "diversion" actions that preclude formal system intake, all pre-conviction dispositions involving referral or assignment to criminal justice agency programs, and all post-conviction dispositions generally.

Statistical terminology covering the range of actions relevant to any definition of adult diversion is included in the model data reporting structures for arrestee dispositionsand defendant dispositions. Three subtypes ofprosecution withheld and adjudication withheld are provided: (1) With referral to probation or other criminal justice agency, (2) with referral to a non-criminal justice agency, and (3) no referral. These, together with the appropriate sentencing dispositions also listed under defendant dispositions, constitute the data items needed to produce summary statistics concerning "diversion" of arrested adults in the broadest usage. A selection of items from the total set can be used to describe more narrowly defined "diversion" procedures.

In national level data presentations using this (or any other) statistical terminology the type of criminal or juvenile proceedings at which diversion occurs, and the type of agency or program to which the subject is diverted (if a referral is made) should be identified.

For bibliographical purposes The National Institute of Law Enforcement and Criminal Justice (now the National Institute of Justice) defines diversion as "a process which limits penetration of youth into the juvenile justice system. This is achieved by termination of contacts with the system and referral to nonsystem agencies or through informal processing by system personnel. The diversion process occurs at any point between apprehension and adjudication." (Juvenile Diversion, 2nd Edition, A select bibliography. April, 1977). This definition coincides with the task force definition, except for the feature "informal processing by system personnel."

Some agencies call an interview determining whether or not a defendant is eligible for a diversion program a "pretrial release" interview. This term is not recommended as the name of a diversion eligibility screening process, because the common meaning of pretrial release (see entry) is a release operative only until adjudication is completed. These latter releases are for the purpose of granting freedom while awaiting the conclusion of judicial proceedings, not for the purpose of avoiding such proceedings.

In many definitions of "diversion," a distinction is made between "entry" and "penetration." In such contexts, "entry" means first officially noticed intake into the justice system through arrest, referral to a probation agency, or complaint to a court. "Penetration" means a case disposition after entry that continues direct justice system control (continues and intensifies it) by moving the person to the next process step, such as commencement of prosecution, or a disposition that causes the person to be placed under supervision or in confinement as opposed to no supervision or no confinement.

Habitual Offender syn Habitual Criminal - A person sentenced under the provisions of a statute declaring that persons convicted of a given offense, and shown to have previously been convicted of another specified offense(s), shall receive a more severe penalty than that for the current offense alone.

Annotation

Briefly, "habitual offenders" are persons punishable by statutory prescription on the basis of a previous separate conviction(s) in addition to the current conviction. The exact meaning of the term varies among jurisdictions depending on the type and number of crimes for which repeated convictions qualify the offender as "habitual."

In popular speech "habitual criminal" and terms such as "professional criminal" are used interchangeably, but the latter has no legal standing. The terms "career criminal" and "repeat offender," however, are acquiring formal status through official use in criminal justice policy statements and program descriptions. See career criminal.

In some jurisdictions, a statutorily defined habitual offender is called a "multiple offender."

See also recidivist.

Incompetent To Stand Trial (recommended statistical terminology) - In criminal proceedings, the finding by a court that a defendant is mentally incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding his or her own defense.

Annotation

This is a type of defendant disposition (see entry).

When a court finds that a given defendant is incompetent to stand trial, criminal proceedings against that defendant are suspended until such time as the defendant may be found competent. Frequently, the court will order periodic examination of the defendant to determine whether competency has been regained.

A plea or finding that a defendant is not guilty by reason of insanity differs from a finding that a defendant is "incompetent to stand trial." The former is a defense to prosecution on the grounds that the defendant was mentally incompetent at the time that an alleged crime was committed. The latter concerns only the defendant's mental fitness at the time of trial, and is not related to any determination of guilt. See capacity.

A finding of "incompetent to stand trial" can be followed by a civil commitment (see entry).

Misdemeanor - An offense punishable by incarceration, usually in a local confinement facility, for a period of which the upper limit is prescribed by statute in a given jurisdiction, typically limited to a year or less.

Annotation

In most jurisdictions misdemeanors are one of the two major classes of crimes, the other being felonies. See felony for additional information about the usage of these terms and recommendations concerning the use of this terminology in statistics.

See infraction for recommended usage concerning offenses for which incarceration is not a permitted penalty, or for which the period of incarceration is extremely short.

Nolle Prosequi:

A formal entry upon the record of the court, indicating that the prosecutor declares that he or she will proceed no further in the action.

(recommended statistical terminology) - The terminating of adjudication of a criminal charge by the prosecutor's decision not to pursue the case, in some jurisdictions requiring the approval of the court.

Annotation

This action, also called "nolle" and "nol pross," is a type ofdefendant disposition (see entry) occurring after filing of a case in court and before judgment. In felony cases it often occurs after the initial complaint is filed in a lower court, and before an information or indictment is filed in a higher court.

In data presentations, dispositions by nolle prosequi (viewed as prosecutor's dismissals) may be combined withdismissals by the court in a single category "dismissed/nolle prosequi." Where general comparisons between dispositions of defendants and related court caseload activity are needed, it is recommended that defendants whose cases are terminated by dismissals or nolle prosequi prior to trial be counted separately from those where the termination occurs after a trial has begun.

In some jurisdictions felony cases can be dismissed on the prosecutor's motion in a lower court but filed anew in a higher court. This can result in inflation of nolle prosequi counts in court activity summary data, and because of variation in practice can distort comparisons between courts or court systems. It is recommended that practices relating to nolle prosequi be explicitly noted in statistical data representations.

Plea - In criminal proceedings, a defendant's formal answer in court to the charge contained in a complaint, information, or indictment, that he or she is guilty or not guilty of the offense charged, or does not contest the charge.

Annotation

In relation to a given charge or case, the defendant may enter different pleas at different stages of the proceedings. Court and prosecutorial management information systems often provide for recording of the nature of the plea at each stage.

With respect to sequence, the recommended terms are:

Initial plea (also first plea ) - (recommended statistical terminology) - The first plea to a given charge entered in the court record by or for the defendant. The acceptance of an initial plea by the court unambiguously indicates that the arraignment process has been completed, and is therefore a better unit of count in reporting criminal case or defendant flow than "arraignment," which as a process is variously defined in different jurisdictions.

Final plea - (recommended statistical terminology) - The last plea to a given charge entered in the court record by or for the defendant.

When distinguishing pleas by nature of response, the major types are:

Not guilty plea - (recommended statistical terminology) - A defendant's formal answer in court to the charge(s) contained in a complaint, information, or indictment, claiming that he or she did not commit the offense(s) listed.

Not guilty by reason of insanity -(recommended statistical terminology) - A defendant's formal answer in court to the charge(s) contained in a complaint, information, or indictment, claiming that he or she is not legally accountable for the offenses listed in the charging document because insane at the time they were committed. See entry.

Guilty plea - (recommended statistical terminology) - A defendant's formal answer in court to the charge(s) contained in a complaint, information, or indictment, admitting that he or she did in fact commit the offense(s) listed.

Nolo contendere - (recommended statistical terminology) - A defendant's formal answer in court to the charge(s) contained in a complaint, information, or indictment, stating that he or she will not contest the charge(s), but neither admits guilt nor claims innocence.

Guilty pleas and nolo contendere pleas are in fact usually combined into a single category in data systems and in statistical presentations, since they have the same legal effect in criminal proceedings. Both pleas can be followed by a judgement of conviction without a trial or verdict, and by a sentencing disposition. The pleas differ, however, with regard to their potential use as evidence in any related civil proceedings. A guilty plea in a criminal case can constitute evidence in a civil proceeding that relevant facts have been admitted; a nolo contendere plea cannot.

"Guilty plea" is a key disposition category in court caseload statistics. See court disposition.

"Guilty plea" is a major defendant "manner of disposition" subclass in the model court caseload statistical system developed by the National Court Statistics project (see Appendix E). In this system the guilty plea category (including nolo contendere) contrasts with convictions and acquittals at trial, dismissals, and the other methods by which defendants are disposed of, classified according to impact on court caseload.

In some data systems, the term "leas" is used where only a guilty or nolo contendere plea is meant. This usage is not recommended.

Transfer to Adult Court - (recommended statistical terminology) - The decision by a juvenile court, resulting from a transfer hearing, that jurisdiction over an alleged delinquent will be waived, and that he or she should be prosecuted as an adult in a criminal court.

Annotation

"Transfer to adult court" is not a juvenile court judgmentnor a juvenile disposition but is a juvenile court case disposition.

Juvenile courts usually waive jurisdiction over alleged delinquents only when a serious felony has been alleged, and when the juvenile is near the statutory age boundary between juvenile and adult.

At a transfer hearing (see entry), probable cause to believe that the juvenile committed the offense must be shown. After a transfer to adult court, the prosecutor decides whether prosecution will take place and what offense will be charged.

This action is sometimes called "waiver" or "certification." A juvenile whose case has been transferred to a criminal court is sometimes called a "certified juvenile."

Recent revisions of criminal and juvenile law have, in some instances, reduced juvenile court original jurisdiction over cases resulting from certain serious crimes, or allowed for waiver in more kinds of cases.

Defendant charging and disposition data should indicate which cases begin in juvenile court.

 

Source: FDLE website

What does NOTP mean on my Criminal Report?
21 Apr 2011 22:47

This disposition code means "Notice of Termination by Prosecution" - the case was dropped.

Florida Background Screening Law
21 Apr 2011 18:18

Florida Law
Florida House Bill H0775, passed in 1999, provides protection for employers from negligent hiring liabilities, provided they attempt to conduct certain screening procedures. Employers who follow these steps will be presumed not to have been negligent when hiring if a background check fails to reveal any records on an applicant.

These steps are:

Ordering a Florida state criminal record check.
Taking reasonable efforts to contact an applicants past employers.
Asking the applicant on the application if they have been convicted of a crime, date of crime and penalty imposed.
Asking the applicant on the application if they were the defendant in a civil action for intentional tort.
A driving record must be ordered if it is relevant to the performed work.
The employer must interview the applicant.

Expungement of Criminal Records in Florida
4 Apr 2011 14:43

Expungement of Criminal Records - State: Florida (FL)

If you seal or expunge your criminal history record sealed under Florida law, you may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when you are:

1. Applying for employment with a criminal justice agency;

2. A defendant in a criminal prosecution;

3. Petitioning for relief under s.943.0585 or s.943.059, in other words, if you're applying to seal or expunge ANOTHER arrest record, you must tell them about this sealed record;

4. Applying for admission to The Florida Bar;

5. Seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s.110.1127(3), s.393.063, s.394.4572(1), s.397.451, s.402.302(3), s.402.313(3), s.409.175(2)(i), s.415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;

6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or

7. Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.

8. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.

You will not be eligible to have your record sealed or expunged even if you received a withhold of adjudication after entering a plea to or being found guilty of any of the following offenses:
   
Arson;
    Aggravated Assault;
    Aggravated Battery;
    Illegal use of explosives;
    Child abuse or Aggravated Child Abuse;
    Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
    Aircraft piracy;
    Kidnapping;
    Homicide;
    Manslaughter;
    Sexual Battery;
    Robbery;
    Carjacking;
    Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years;
    Sexual activity with a child who is 12 years of age or older but less than 18 years of age by or at the solicitation of a person in familial or custodial authority;
    Burglary of a dwelling;
    Stalking or Aggravated Stalking;
    Act of Domestic Violence
    Home-invasion Robbery;
    Act of Terrorism
    Manufacturing any substances in violation of Chapter 893
    Attempting or conspiring to commit any of the above crimes.

Expungement of Criminal Records in Texas
4 Apr 2011 14:40

Expungement of Criminal Records - State: Texas (TX)

Expungement and Orders of Non-Disclosure
Even if you were innocent and acquitted or the charges were dismissed, you may still have a "criminal record" that will affect your family, your employment and other important aspects of your future. If you entered a guilty plea, but received deferred adjudication, there is a special law that lets some cases be "sealed," that is, removed from the public record.
If your record is expunged, or ordered "not disclosed," Texas law allows you to answer "no" when asked questions on loan or job applications, or in court, if asked: "Have you ever been charged with or convicted of a crime?"
The courts in Texas allow for expungement of arrest and conviction records in certain circumstances. If granted, then any record pertaining to your arrest or subsequent trial will be sealed. This will include any fingerprints, mug shots, DNA collection, trial transcripts or other arrest records. It will be like the crime never happened. This will allow you to answer that application question with a qualified "No" and you would be telling the truth in the eyes of the court.
Requirements for Expungement:
In Texas, if you were arrested for a felony or misdemeanor crime which you were later found not guilty of you can be granted an expungement. You will have to wait at least 30 days after the acquittal before you can apply for the expungement. If you were convicted, but later pardoned by the Governor you can also be given an expungement.
With the conviction of criminal offenses there will be more scrutiny from the courts when it comes to granting an expungement. Most misdemeanor convictions are eligible for expungement in Texas provided you have not committed any other crimes in the period between your arrest and filing of the petition. For felony charges, the changes of getting an expungement in Texas are very slim. There are certain exceptions depending on the severity of the crime.
The same issued with felony convictions apply to DUI convictions. Unless it was a misdemeanor charge, you probably won't be able to have your records expunged if it was a DUI.

Expungement of Criminal Records in Massachusetts
4 Apr 2011 14:37

Expungement of Criminal Records - State: Massachusetts (MA)

When records of criminal appearances and criminal dispositions are sealed by the commissioner in his files, he shall notify forthwith the clerk and the probation officer of the courts in which the convictions or dispositions have occurred, or other entries have been made, of such sealing, and said clerks and probation officers likewise shall seal records of the same proceedings in their files.
Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions, except in imposing sentence in subsequent criminal proceedings.
An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: "An applicant for employment with a sealed record on file with the commissioner of probation may answer `no record' with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer 'no record' to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer 'no record' with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution." The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court.

The commissioner, in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists.
G.L.c. 276, § 100C. Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement.
Section 100C.
In any criminal case wherein the defendant has been found not guilty by the court or jury, or a no bill has been returned by the grand jury, or a finding of no probable cause has been made by the court, the commissioner of probation shall seal said court appearance and disposition recorded in his flies and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall likewise seal the records of the proceedings in their flies. The provisions of this paragraph shall not apply if the defendant makes a written request to the commissioner not to seal the records of the proceedings.
In any criminal case wherein a nolle prosequi has been entered, or a dismissal has been entered by the court, except in cases in which an order of probation has been terminated, and it appears to the court that substantial justice would best be served, the court shall direct the clerk to seal the records of the proceedings in his files. The clerk shall forthwith notify the commissioner of probation and the probation officer of the courts in which the proceedings occurred or were initiated who shall likewise seal the records of the proceedings in their files.
Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public employment in the service of the commonwealth or of any political subdivision thereof.
An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include in addition to the statement required under section one hundred A the following statement: "An applicant for employment with a sealed record on file with the commissioner of probation may answer `no record' with respect to an inquiry herein relative to prior arrests or criminal court appearances." The attorney general may enforce the provisions of this section by a suit in equity commenced in the superior court.
The commissioner, in response to inquiries by authorized persons other than any law enforcement agency or any court, shall in the case of a sealed record report that no record exists. After a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.

How do I Seal or Expunge my record?
31 Mar 2011 17:28

There are very strict criteria for sealing or expunging court records. Some of the requirements are:

You have been charged but not convicted of a misdemeanor or felony offense because adjudication was withheld.
The State Attorney declined to prosecute.
You have not had any other court record sealed or expunged in the State of Florida.

You may be eligible to have court records pertaining to your case sealed or expunged. By Florida law, there are certain charges that cannot be sealed or expunged regardless of whether or not adjudication was withheld.

There are significant differences between a sealed record and a record that has been expunged.

A sealed record could be opened for inspection by a Judge, you, your attorney, a criminal justice agency and in special situations, a prospective employer. The Clerk must receive a motion and order (signed by the Judge) to unseal the record for this to occur.

A charge that was dismissed before trial (e.g., no information filed, nolle prosequi, dismissed, etc.) may be expunged immediately as long as all charges related to the arrest were so disposed of, and the individual is otherwise eligible. You can apply to have the record expunged immediately after the case is dismissed. To expunge a criminal record means that the public is not allowed access to any of the records of the arrest or prosecution. When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had the record expunged but would not have access to the contents of the record itself without a court order. Such entities would receive only a caveat statement indicating that a Criminal Information has been Expunged from this Record.

An expunged record would no longer exist, since the file and any references to that file are destroyed. However, as per Florida Rule 3.692, the record of arrest must have been sealed for at least 10 years; or an indictment or information was not filed against the defendant for the criminal transaction; or an indictment or information filed against the defendant was dismissed by the prosecutor of the court.

You will not be eligible to have your record sealed or expunged even if you received a withhold of adjudication after entering a plea to or being found guilty of any of the following offenses:
   
Arson;
    Aggravated Assault;
    Aggravated Battery;
    Illegal use of explosives;
    Child abuse or Aggravated Child Abuse;
    Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
    Aircraft piracy;
    Kidnapping;
    Homicide;
    Manslaughter;
    Sexual Battery;
    Robbery;
    Carjacking;
    Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years;
    Sexual activity with a child who is 12 years of age or older but less than 18 years of age by or at the solicitation of a person in familial or custodial authority;
    Burglary of a dwelling;
    Stalking or Aggravated Stalking;
    Act of Domestic Violence
    Home-invasion Robbery;
    Act of Terrorism
    Manufacturing any substances in violation of Chapter 893
    Attempting or conspiring to commit any of the above crimes.

Do you have a Sample Criminal Report?
31 Mar 2011 01:10

INFOCHECKUSA Criminal Checks are a nationwide, instant search of our criminal records database. This search returns applicant information in a condensed, easy–to–read format saving your staff time from interpreting cryptic criminal background reports.

CrimSearch also includes information from the following sources: Multi–State Sex Offender Database, AppALERT, the FBI Terrorist List and Federal/State/Local Wanted Fugitive Lists. CrimSearch may be used as a stand-alone service or in conjunction with county criminal searches. When used in conjunction with county criminal searches, INFOCHECK can help lower the cost of such searches by better identifying which counties should be searched.

Note: Instant Criminal DATABASE searches may not always be accurate; therefore, a county level search should also be performed for comprehensive coverage and accuracy.

Criminal data sources typically include:

Proprietary Offender Data (POD)
Department of Corrections (DOC)
Administrative Office of the Courts (AOC) – dated back 7 to 30 years
Department of Public Safety (DPS)
Traffic Court
Multi–State Sex Offender Database
APPalert terrorist watch list

See the attached Sample Reports:

Common Disposition Criminal Codes
16 Feb 2011 22:06

DISPOSITION CODES

Court Of Record Cases

CRTC
This method is used to signify a court of record case.
CRTA
Affirmed.
CTRN
Reversed and remanded.
CTRW
Withdrawn.
CTRD
Dismissed.
CTRB
Reform and Correct.

Final Dispositions

JCJP
Plea of not guilty, found guilty by the Jury and sentenced by the Jury.
JCJG
Plea of not guilty, found guilty by the Jury and sentenced by the Judge.
TBCT
Plea of not guilty, found guilty by the Judge and sentenced by the Judge.
TBCI
Plea of Not guilty, found innocent by the Judge.
INST
Instructed verdict, found innocent of charge.
INN
Plea of not guilty, found innocent of charge.
NFWA
Plea of not guilty, found innocent of charge because no fact witness appearing for probation.
PGBC
Agreed plea of guilty before the court.
PGJG
Open plea of guilty before the court.
NAOG
NonAdjudication of guilt (Agreed plea)
NAJG
NonAdjudication of guilt (Open plea)
DISM
Charge Dismissed.
QUAS
Quashal.
HUNG
Jury Hung on Verdict.
SHPB
Shock Probation
MIST
Mistrial.
TRAN
Transferred to another County/District Court.
MISC
Felony case transferred to a County Criminal Court.
JVTR
Defendant Found to be Juvenile by Judge.
CHOV
Change of Venue.
JGMT
Judgment (MD court only).
NBIL
NoBill by Grand Jury.
NACT
No Action Taken by Grand Jury.
GJRM
Grand Jury reduces to Misdemeanor
NFOG
No Finding of Guilt (Dismissal Type)
JVJV
Juvenile case returned to Juvenile Court
JVGR
Defendant found to stand trial as an adult

Occupational Driver's License Cases

ODLA
Driver's license Amended.
ODLD
Driver's license Dismissed.
ODLG
Driver's license Granted.

Probationary Dispositions

PRCS
Successful completion and early release from probation. Must read the order to determine if Judicial Clemency applies (Art. 42.12 Sect. 20 CCP) Code no longer used after 2/1/2010
JGSA
Successful completion and release from probation. Must read the order to determine if Judicial Clemency applies (Art. 42.12 Sect. 20 CCP) Code no longer used after 2/1/2010
SETA
Successful completion and release from probation. Judicial Clemency granted (Non-conviction)
DSCH
Successful completion and release from probation (Conviction)
REVD
Revocation motion denied
REVW
Revocation motion withdrawn and probation discharged
REVC
Revocation motion withdrawn and probation continued or amended
REVK
Probation revoked.
RVRD
Probation revoked sentence reduced.
RVSP
Non-adjudicated probation revoked and sentenced to Straight probation.
PROC
Procedendo.
BTCP
Probation following boot camp incarceration.
SHPB
Shock probation.

What does NOLLE PROSEQUI mean on my Report?
26 Jan 2011 01:22

It means NOT PROSECUTED.

Nolle Prosequi, a latin phrase meaning "unwilling to pursue", is the term used in many jurisdictions to describe the prosecutor's voluntary dismissal of criminal charges. Generally the request to "nol pros" a case is made after the filing of an indictment or information, when the prosecutor has determined that adjudication of the charges is not in the interest of the government.

In most circumstances the court's permission is required for the nolle prosequi to be valid.

What does Withheld Adjudication mean on my Report?
3 Jan 2011 17:13

"Withheld Adjudication" or "Adjudication Withheld" generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. If the person does not complete the terms of probation, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.

The usual purpose in stopping criminal proceedings short of judgment is avoidance of the undesirable effects of conviction, which effects can include both unnecessary harm to the offender and unnecessary expense or harm to the public interest. "Withholding adjudication," as defined here, places the subject in a status where the court retains jurisdiction but will not re-open proceedings unless the person violates a condition of behavior.

"Adjudication Withheld" is an important category of defendant dispositions. The term is here defined for statistical use to account for those cases which receive what is sometimes effectively a sentencing disposition but one occurring without conviction.

What does Case Disposed mean on my Report?
3 Jan 2011 17:05

Disposed is a generic legal term meaning the case or proceeding is completed.
Disposition
is used in reference to the way in which the case was resolved. Some examples of the disposition of a case are: conviction, acquittal, dismissal, etc., not to be confused with verdict, which is a finding of guilty or not guilty, etc.
-----------------------------------------------------------------------------------
When criminal and infraction cases are considered "disposed" 
 
This is the date on which measuring the age of a case ends.

A criminal or infraction case is considered disposed only when a disposition has been entered for all charges in the case, and on the date when the last disposition is entered. A felony case in district court is considered disposed on the date the case is bound over to superior court (such as by a waiver or finding of probable cause, or by a superceding indictment) or finally disposed in district court (such as by finding of no probable cause, dismissal, or guilty plea). The disposition date is the actual date of the final disposition, not the date when the data are entered into the automated system (which can be later).

 

Note: In criminal cases, prosecution may be deferred while the defendant is given a chance to engage in education, restitution or similar corrective action and remain free of new charges. A case can remain pending for quite some time while the deferred prosecution program is in effect. At present, the automated system does not record the fact that a case is in deferred prosecution status. When enhancements are made to the automated system to record this fact, the CPMS will treat such cases as "disposed" for purposes of measuring the ages of cases, so that these cases do not inappropriately skew the age data for the court's overall caseload.

When a civil case is "disposed"
This is the date on which measuring the age of a case ends.

A civil case is considered disposed only when all issues in the case have been disposed, and on the actual date of dismissal or judgment on the last issue disposed. This is the actual date of the dismissal or order; it will often be earlier than the date on which the clerk physically enters the data into the automated system.

 

Do you need the Date of Birth to run a Criminal Check?
23 Dec 2010 21:48

Yes - we must have a DOB (Date of Birth) to provide an accurate Criminal History Check.

Criminal records are stored by Name and Date of Birth.

How do I order a Canada Criminal Check?
22 Dec 2010 17:17

Information Needed for CANADA Criminal Check: Name, Date of Birth (DOB) and Province.

 

Once you have setup an account login and do the following:

(1) Select the ORDER REPORTS tab.

(2) Enter the Applicants Name and DOB.

(3) Scroll down to select Packages/Searches and select ORDER INDIVIDUAL SEARCHES then click SUBMIT.

(4) Select the CANADA CRIMINAL CHECK search - it will expand and prompt for the PROVINCE.

(5) Enter the Province then click SAVE - The search will turn GREEN.

(6) Now Click the GREEN order button on top right - you will also see your total amount.

(7) The system will verify that your order was processed.

 

NOTE: Canada Criminal Check will take 3 to 7 business days.

 

ORDER REPORTS SCREEN:

order-search-single.png

 

ORDER CANADA CRIMINAL CHECK SCREEN:

order-canada-screen.png

 

order-canada-save.png

 

ORDER PROCESS SCREEN:

order-canada-total.png

Do you provide Fingerprinting Checks?
10 Dec 2010 16:08

No - Not at this time.

You will need to contact your local Government or Law Enforcement agency for fingerprinting via print card or LiveScan.

      
+18889688374
13820 Old St. Augustine Rd., Suite 113-151, Jacksonville, Florida, United States, 32258
Switch to desktop site