Monday, June 30, 2008
A Look at the Federal District Criminal Search
The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. Every day hundreds of people across the nation are selected for jury duty and help decide some of these cases.
Federal crimes will not appear in county or state felony and misdemeanor searches, making it important to conduct Federal Criminal Record Searches.
Bankruptcy Courts are separate units of the district courts. Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court.
The United States Court of Federal Claims has jurisdiction over most claims for money damages against the United States, disputes over federal contracts, unlawful "takings" of private property by the federal government, and a variety of other claims against the United States.
Apollo Services Inc. instantly searches all 94 of the U.S. District Trial Courts for matters involving federal law. This search reveals crimes involving tax evasion, mail fraud, bank robbery, etc. Please note that federal courts often do not record personal identifying information.
ORDER Federal Criminal Searches Here
*The information referenced above was cited from the official website of the United States Courts.
Wednesday, March 26, 2008
Why Apollo?
We differentiate ourselves from the competition by fully understanding our clients’ business models and by offering cutting edge techniques to satisfy our clients’ needs. We are a fully licensed, bonded, and insured company. Apollo Services, Inc. focuses heavily on service for our clients and it’s why we called ourselves Apollo Services at inception in 2002. Our niche in the industry is picking up the slack that customers experience from some of the major providers where focus on service is less important than focus on product, creating more of a commodity, similar to other industries. However, that ultimately does not work in a sensitive data driven industry like background screening. Most of our clients terminate their relationship with their providers and join Apollo because of our reputation for personalized, professional service and attention to compliance.
Apollo takes its business very seriously and if we cannot meet a price or a turnaround time demand we will not take the business. There are always faster, cheaper, non efficient/compliant, companies that can retrieve public data….Many of these online companies will “clear” records for you all day long and charge you accordingly. Apollo is not one of them.
Background screening is an industry where “you get what you pay for” and it’s imperative that the background search be done properly so that a company can defend its hiring (or negligent hiring) decision in court if necessary. We are a licensed PI firm by the state of CA. Many CRA’s are not. Background Screening is not a commodity to Apollo. To us it is a comprehensive process that requires diligence and we are mindful of the fact that it is a critical part of our clients business! We are very involved in the National Association of Professional Background Screeners and Apollo’s President personally serves on the Best Practices committee and as co-chair of sub-committees.
Slow and steady wins the race, with some added trust and loyalty, it wins the marathon. Good service may get you into the race or maybe even the marathon, but excellent service wins it. Go with Apollo and see the difference for yourself.
OUR TECHNOLOGY
Our user interface is designed to be simple, efficient, secure, and easy to use for our clients. The process is as easy as entering the applicant information and the searches you want ordered on to our secure online screening system. We take it from there.
-Completed reports are generally accessible to you online within 72 hrs maximum.
-Progress reports available at all times.
-Many searches are instant and will be available almost immediately.
-Seamless XML interfaces take your efficiency to a whole new level.
-Customized “home” page with custom links, “quick access” report links, a resource library, easy to follow basic instructions for all users, and more...
HOW WE WORK
We put customized relevant information at your HR professionals’ fingertips, complete with date, salutation, applicant name and address. All you need to do is click on the links and send the appropriate custom letters to your applicants!
We are experts in assisting our clients with compliance matters and make the process very simple.
-Each user is issued a unique, secure username and password and can access the system 24/7.
-Clients receive an auto-email notification any time a report is complete and ready for review.
-All final reports are color coded in red, green, or amber to make the process visually helpful to our clients and completely user friendly.
OUR COMMITMENT TO EXCELLENCE
We pride ourselves on delivering exceptional service, fast turnaround time, accuracy and fair pricing which are the pivotal factors that differentiate pre employment screening companies. As licensed Private Investigators we take an investigative approach to background screening to ensure that you have the most knowledgeable support and effective methods.
Apollo is committed to excellence in pre employment screening Nationwide.
OUR METHOD
We conduct every employment screening “live” with a physical search at county level. We treat our clients as business partners and help them to be compliant with the Fair Credit Reporting Act and applicable state laws. Once on board with Apollo, you are always treated as if you are our only customer.
Feel free to contact us with any questions or for additional information:
Apollo Services Inc.
921 Transport Way, Suite 24
Petaluma, CA 94954
Toll Free: 877.ASI.4555
Phone: 707.778.7088
Fax: 707.778.7099
http://www.apolloservices.org/
Monday, March 24, 2008
FBI'S Database-Not Accessible To Most Employers
The bigger problem: The FBI (NCIC) database is reported to be not fully reliable and consistently full of holes and not accurately updated. It also contains many arrest records without convictions, which are not suitable to use for employment purpose in most circumstances. All of the reported problems associated with the FBI's database is truly no fault of their own. It is due to the fact that, again, it is a database, which can never be fully reliable. Additionally, it is something that becomes very difficult to do much about. Once the source of information becomes placed in a database environment, it becomes extremely difficult to control both accurate and inaccurate data. That is because a database grows and develops information based on human interaction via data entry, updates, changes, revisions etc.
The FBI'S database check (NCIC) is also commonly known as the LiveScan search. In addition to this database not being available to most employers, it is fingerprint based, which means getting back results can take several weeks, if not longer. A reputable screening firm would suggest a more comprehensive program (See corresponding blog: Best Practices-Tips for Employment Screening) even to the employers that can access it and are even required to put employees through the "FBI fingerprint search"/"Livescan".
No one individual is perfect and we all make mistakes. Needless to say, data entry employees, court clerks, court administrators, police departments, and anyone else reporting information to this database are no different than the rest of us when it comes to mistakes. So, what should an employer do that cannot access this unreliable database? The answer is to engage in due diligence when screening your applicants by using a reliable screening firm that specializes in this process. Our company, Apollo Services, Inc., is a member of the National Association of Professional Background Screeners. We are highly involved with this association and they are the hallmark for professionalism in our industry. We work and communicate with many great industry minds throughout the association. I have been deeply involved with the Best Practices Committee whose charge is to evaluate and bring processes and procedures to the industry at large. This is where professionalism and knowledge regarding the industry comes together and develops. In a corresponding Apollo Services Inc. blog posting (click here) I will describe what I believe to be some recommendations for general best practices when engaging in employment screening and why.
Please note, this in no way should be considered legal advice of any type and clients, employers, and users under the FCRA should always consult with their own legal counsel.
Sunday, March 23, 2008
Legal Terms Defined-White Paper
Acquittal. The legal and formal certification of the innocence of a person who has been charged with crime; a deliverance or setting free a person from a charge of guilt; finding of not guilty.
Arraignment. Procedure whereby the accused is brought before the court to plead to the criminal charge against him in the indictment of information. Capias. The general name for several species of writs, common characteristic of which is that they require the officer to take a named defendant into custody. Conviction. The result of a criminal trial which ends in a judgment or sentence that the accused is guilty as charged.
Criminal complaint. In criminal law, a charge, preferred before a magistrate having jurisdiction, that a person named, has committed a specific offense, with an offer to prove the fact, to the end that a prosecution may be instituted. Criminal plea. The defendant’s response to a criminal charge (guilty, not guilty, or nolo contendere).
Defendant. The party against whom relief or recovery is sought or the accused in a criminal case.
Discovery. The pre-trial devices that can be used by one party to obtain facts and information about the case from the other party in order to assist the party’s preparation for trial.
Dismissal. An order of judgment finally disposing of an action, suit, motion, etc., without trial of the issues involved.
Dismissal without prejudice. Term meaning dismissal without prejudice to the right of the complainant to sue again on the same cause of action.
Dismissal with prejudice. Term meaning an adjudication on the merits, and final disposition, barring the right to bring or maintain an action on the same claim or cause.
Evidence. Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, for the purpose of inducing belief in the minds of the court or jury as to their contention.
Expungement of record. Process by which record of criminal conviction is destroyed or sealed after expiration of time.
Felony. A crime of a graver or more serious nature than those designated as misdemeanors.
Grading of crime. Higher or lower in grade or degree, according to the measure of punishment attached and meted out on conviction and the consequences resulting to the party convicted, for example first, second, or third degree murder.
Grand jury. Body of citizens, the number of whom varied from state to state, whose duties consist in determining whether probable cause exists that a crime has been committed and whether an indictment should be returned against one for such a crime.
Indictment. A formal written accusation originating with a prosecutor and issued by a grand jury against a party charged with a crime. An indictment is referred to as a “true bill”, whereas failure to indict is called a “no bill”. Information. An accusation exhibited against a person for some criminal offense, without an indictment. A written accusation made by a public prosecutor,
without the intervention of a grand jury.
Judgment of conviction. A judgment conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence.
Magistrate. An inferior judicial officer, such as a justice of the peace. Misdemeanor. Offenses lower than felonies and generally those punishable by fine, penalty, forfeiture or imprisonment otherwise than in penitentiary. Nolle prosequi. A formal entry upon the record by the prosecuting attorney in a criminal action, by which he declares that he will no further prosecute the case, either as to some of the defendants or altogether.
Nolo contendere. A plea in a criminal case which has similar legal effect as pleading guilty. Type of plea which may be entered with leave of court to a criminal complaint or indictment by which the defendant does not admit or deny the charges; complaint may not be brought before a Civil court at a later date, should no criminal conviction result (section in italics not included in definition provided by below referenced source)
Parole. Release from jail, prison, or other confinement after actually serving part of sentence. Conditional release from imprisonment which entitles parolee to serve remainder of term outside confines of an institution.
Plaintiff. A person who brings an action. A person who seeks remedial relief for an injury of rights; it designates a complainant.
Prosecute. To proceed against a person criminally.
Quash. To vacate or make void as in to quash an indictment. Summons. In criminal law, a written order notifying an individual that he or she has been charged with an offense directing the person to appear in court to answer the charge.
Suspended sentence. In criminal law, a suspended sentence means in effect that the defendant is not required at the time sentence is imposed to serve the sentence.
Warrant for arrest. A written order of the court which is made on behalf of the state or United States and is based upon a complaint issued pursuant to statute and/or court rule and which commands law enforcement to arrest a person and bring them before court.
Thursday, February 28, 2008
Importance of Including and Properly Using a Nationwide Database
There are many great Nationwide Database products out there available to CRA's that are very powerful and broad in coverage. However, employers must exercise caution and only use them in conjunction with county and/or state records if need be. They should never be used alone and if they were your process would be non-compliant.
As a licensed Private Investigator for over 13 years, I have researched records in many county court houses in CA. The bottom line is that the County level is where all cases are entered, housed, and archived. In the world of employment background screening, "County is King." Due Diligence begins by searching county records. But what if you had that scenario where you have an applicant and you only ran county searches where he lived/worked over the last 7 years. Without "tickling" the rest of the country for potential records in other counties, you may be playing Russian Roulette. For Example: If your applicant went to a bachelor party in Clark County, NV (Las Vegas) and was convicted of a crime it would be missed without the use of the nationwide database.
These nationwide databases are comprised of millions of criminal records that are pulled from various state and federal databases, (State DOC's, OFAC Terrorism Watch List, FBI Most Wanted, Sex Offender Registry, etc.). A nationwide database search has become part of the due diligence process and we suggest that all clients/end-users include an Apollo Widescreen, our "nationwide" database search in conjunction with their county searches. The Apollo Widescreen search results could show additional counties with criminal activity for your applicant that could easily be missed by just running counties over the last 7 years. Another example of the uses of these powerful products: If the applicant vacations or travels for fun or work and committed a crime, this search would likely "point to"/ find the appropriate county to add into the search and run, as mentioned previously throughout this blog.
However, In an attempt to write in a way that presents a fair perspective of both the good and the ugly with Nationwide Databases. Yes, they are powerful and revealing, but the use of these databases comes with it's own set of problems so exercise their use cautiously and knowledgeably. The most common primary problems and areas to watch for are as follows:
- Inaccuracies due to poor and/or erroneous data entry (garbage in=garbage out)
- Many arrest records are revealed that do not result in convictions
- Identifiers may be difficult to confirm
- Although many entities report to these databases, many do not as well.
- No standard, uniform procedures of updates amongst the various providers of the data
A good screening company should take this burden off of you completely by generally resolving these issues before they even get to your HR Dept. A CRA that "over-reports" their findings is a liability for you as the end user. Be sure your screening firm is knowledgeable on all relative compliance issues under state and FCRA guidelines.
Our Apollo Widescreen Nationwide Database is comprised of millions of criminal records, sex offender registries for all participating states, terrorist watch list, etc... We sell it to our clients in the following manor only:
This product should be used only as a tool and not as a primary means of searching for records. When used appropriately as a tool these databases can be very powerful and quite revealing. Although, databases are not always accurate and/or updated and they often provide arrest records and not conviction records, they are still very revealing as "pointer tools".

