Criminal Records Search Criteria
The following outlines the standard operating procedure for Resident Verify when screening criminal records.
Convictions: Convictions are reported for an unlimited period of time as allowed under the federal Fair Credit Reporting Act ("FCRA"), unless the reportable period is limited by state law, ( The District of Columbia and 11 states have limitations. Those states are – CA, CO, KS, MD, MA, MT, NH, NM, NY, TX, WA - Newark, NJ has a reporting limitation of 8 years.) or as a result of contractor search limitations as discussed below. Records are reported from last reportable date of offense.
Additional Issues with Conviction Reporting:
- Applicable state law when applicant and property are in different states:
- RV will apply the law of the state of the location of the property to which the applicant is applying.
- State Law Preemption:
- When state law is more restrictive than the federal FCRA, the state law is followed.
Non-Convictions: Non-Convictions are not reported, with the exception of the specific examples listed below. To the extent they are reported, they will only be reported if within a 7 year time limitation. Records are reported up to 7 years from the file date.
- Deferred Adjudications: Reported or Filtered based on the client's screening criteria for pending cases.
- Adjudication Withheld: Reported or Filtered based on the client's screening criteria for pending cases.
- Mixed Verdict/Mixed Result (i.e. convicted of manslaughter but had been charged with murder and attempted murder): At least one, and possibly both, records will be reported depending on how the information is returned from the courthouse.
- Arrest (only) Records:
- Arrest record only: Not reported.
- Open Pending Case: Reported or Filtered based on the client's screening criteria for pending cases.
Unknown degree of offense
In rare instances, some instant criminal records that are returned will not contain a felony or misdemeanor distinction. In these instances, Resident Verify will classify these records as a misdemeanor.
Special State Search Limitations
In states that have no time limitation in which criminal records may be reported, Resident Verify will search instant criminal databases. There is a 7 year search limitation for both felony and misdemeanor for states and counties that require a manual criminal search. which start at $10.00 not including the court fees which are passed through without mark-up to client, for manual criminal searches, if so required and such costs are variable depending on the jurisdiction. Manual criminal searches can take up to 24-72 hours for return, due to our provider's data researchers physically obtaining these records from the court house.
Resident Verify Matching Criteria
Unless specified by property to perform a different search process, which may result in additional fees being charged, and to the extent that the requested search criteria is lawful. Resident Verify will process and return criminal records based on the following criteria:
- Name and DOB match (name = exact, derivative, partial. DOB = exact or partial)
- SSN can only be used in manual state or county search.
Manual Criminal Searches
Resident Verify strongly recommends adding a manual search in addition to the instant National search associated with the ResidentVerify product if you have a property in a No Coverage or Limited Coverage location. The customer is solely responsible for the selection of the type and scope of search ordered.
Poor Court Website - Common Dispatches