MizSuz
Posts: 1881
Joined: 1/1/2004
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quote:
ORIGINAL: INSIDEYOURMIND
If you are running a background check on someone without their permission, and you are not attached to a law enforcement agency (which still needs a warrant) you are doing it illegally.
I'm afraid you are just wrong. It falls under the category of due diligence and is done for a lot of reason. You don't need permission to check on someone's background (as long as it's not a credit check). Most background checks are done in public records and public records are just that, public. How do you think all those people you've never done business with get your name and address to send you credit card offers? They also are allowed to do things called "soft reports" on your credit. It doesn't give specifics, just scores and some history regarding "student loans" or "auto loans" or "credit cards" without specifics. That's how the companies target you for different services. The credit reporting companies SELL your information to these people, just not the actual credit report.
Each state has different ideas about what constitutes 'public' but you'd be AMAZED at what is considered public record in your state. As for florida, most people only have to use the open internet to find out anything they want to know about someone in florida (if you know where to look). Pretty much the only thing that's not public record (and available for free or a very nominal charge on the internet) in florida is something regarding children. Then you'll know that the record exists but you won't be able to see it or get copies of it. If it had to be filed with the county clerk then it's available on the net in florida, in many instances you can even get a copy of the actual document - for free - on the open internet. You are required by law to agree to terms of service and use before digging, though. It constitutes clicking an "I agree" button, usually. The records, electronically, in florida only go back to either 86 or 89, though. You have to go in person to get older stuff. Pull up the website for any county clerk in florida and you'll usually also find the legislation that REQUIRES that these records be made available electronically to the public.
Almost every state has a public database of sexual offenders, most of them offer them on the open internet for anyone to search. Same could be said for prisoners. Some states create 'levels' of sexual offenders and allow more information to be publicized as someone is categorized in higher levels. But some states publicize not only names and sexual offense, but also pictures and addresses, and in some cases addresses of where the person works, on the open internet. Do a google search for "'name of state' sex offender" and you'll usually get the registry in the first few returns (look at the website it's linking to to make sure you're not getting directed to a pay site). Try it and see what I mean. Then search for all the sexual offenders in your community. You're about to be very surprised. Some states don't have a lot to offer electronically, but if you go to the county clerk's office and ask to see the records they usually must show them to you. It's why they are called "public" record. If you have problems finding it in your state then contact me privately and I'll help you locate it (some states make it a bit circuitous to find, but it's there).
Want to know who the officers of a company are and whether they have been fiscally responsible? Search your state's Secretary of State website. It's usually all there. However, if they have bad debt notices you'll get that from the clerk because the Sec. o'State files that stuff with the clerks. They're called "UCC Filings."
My point with all this is simply that if it were illegal it wouldn't be offered by local governments on the internet. It's NOT illegal to do background checks. It IS illegal to do it for purposes such as denying people jobs and other discriminatory and/or illegal things. But GETTING the information is not necessarily illegal.
I think I've said enough.
_____________________________
“The more you love, the more you can love—and the more intensely you love. Nor is there any limit on how many you can love. If a person had time enough, he could love all of that majority who are decent and just.”
- Robert Heinlein
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RE: Background Checks - 
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