Sue Altmeyer, JD, MLS Electronic Services Librarian

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Presentation transcript:

Easy Access to Public Records: From Investigating Companies to the Dead! 2008 ORALL Annual Meeting Sue Altmeyer, JD, MLS Electronic Services Librarian Cleveland Marshall College of Law Library October 17, 2008

URL for this presentation Powerpoint: http://www.law.csuohio.edu/lawlibrary/resources/lawpubs/publicrecords1/ documents/ORALLpubrectalk.ppt Handouts: Will be available November 4 at http://www.law.csuohio.edu/lawlibrary/resources/lawpubs/publicrecords1.html

What is available? ▪ medical records Only public records. Ohio records: See ORC 149.43 Some items excluded from definition of public records: ▪ medical records ▪ probation records ▪ adoption records ▪ confidential law enforcement investigatory records

What is available? Federal government will not disclose ▪ national defense information ▪ personal and medical information ▪ ongoing law enforcement investigations and confidential sources ▪ certain geological information ▪ information exempt under federal law See 5 USC 552(b)., (FOIA)

Restrictions on Accessing Statutes limiting access to government records. Driver’s Privacy Protection Act, 18 USC 2721 Fair Credit Reporting Act, 15 USC 1681 et seq. – applies when obtaining information from a seller of “consumer reports” Driver’s Privacy Protection Act – need a permissible purpose to access driver’s license information. Civil or Criminal investigation is a permissible purpose.

Restrictions on Accessing, Cont’d Social Security Number protection, for example: Ohio 127th GA SB 6 (R.C. 149.45(B)(1) and (2)) Intelligence Reform and Terrorism Prevention Act of 2004, 42 U.S.C.A. § 405c(2)C(vi)(II) Pending legislation: Social Security Number Misuse Prevention Act

Restrictions on Accessing Court policies limiting records available. See the Ohio Supreme Court’s Proposed Superintendence Rules 44-47 Public records may not be published or readily available – may have to do information request.

Is “free background check” on the Web possible? Only to a certain extent. Free materials available on-line are discrete bits of information. Pay databases retrieve information from many sources. Not every court and government agency makes records available via a Web site.

For Fee Databases Westlaw & LexisNexis Accurint signup is free – you only pay for each search. Openonline has minimal set-up fee and annual cost, then you pay for each search. Other reputable fee services include: Choicepoint, KnowX.com, 1800US Search.com, NetDetective.net, SearchSystems.com.

Important Tips Cross-check results among multiple databases or websites to ensure accuracy. Check the coverage of the database. How far does it go back ? What states or counties are included?

Doing the Search – Starting Points and Portals Comprehensive reports available from a fee service, such as Lexis, Accurint, Westlaw Cleveland Law Library’s Public Records FAQ Netronline SearchSystems.net PublicRecords.com

People Finders Public Libraries may offer Reference USA, Haines Criss+Cross, etc. Free People Finders on the web: pipl.com: Searches Deep Web. Whitepages.com - Leading Provider More: Cleveland Law Library’s People Finder FAQ

Sneaky Ways to Find People Professional license databases Voting Records Driver’s License databases Return of Service in court cases Accident reports Find their relatives or neighbors

Example: Use portal and voter records to find an address Connect to searchsystems.net Search terms “voter registration Ohio” System lists online voter registration databases. To go further via searchsystems.net costs money. So, just google Franklin County Board of Elections. Franklin County Voter Inquiry

Accident Reports Accident reports – Mail request to Department of Public Safety in Columbus. Some accident reports online: Policereports.us. Some States and cities do so too (eg, Arkansas) but usually have fee.

Problem – Cell phone and Unlisted Numbers For-fee databases with credit header info. New Lexis database Alternate Phones Cell Phone Search; Intellius – name search for fee, reverse lookup is free. Web Detective – cell & unlisted – for fee. Mobile Phone Number .com – voluntary listings free. National Cellular Directory – free, but must provide YOUR cellphone for the directory.

Finding Married/Divorced Women Look at marriage licenses, divorce dockets, possibly probate court name change records to determine woman’s current name. See vital records section, below.

Neighbors, Friends & Relatives County Auditor – Lucas County Auditor – Infospace.com Relatives Peoplefinders.com ; Intelius; Spock Last name only search Friends/Associates MySpace ; Facebook; Friendster.com; LinkedIn; Xing; Ning

Assets – Generally Pay Databases the easiest, most comprehensive Check recent divorce filings. Portico: real estate, aircraft, boats

Assets – Real Estate Nationally-Portico for county recorders, Property Assessment Databases for auditors. Ohio - Butler County Clerk Statewide Property Search –recorders’ offices Statewide Real Estate Tax Search –county auditors' offices.

Assets – Real Estate Special Cuyahoga County Databases: Foreclosure Sales – Cuyahoga county. Neo Cando – Property, tax and transfer information for Northeast Ohio. Cuyahoga Enterprise Geographic Information System (CEGIS) detailed information on houses and businesses

Assets – UCC & Airplanes UCC filings – Ohio Secretary of State National Association of Secretaries of State – Links to Secretary of State offices in all fifty states. Searchsystems.net for UCC filings. UCC Article 9 filings may be with county recorder. Airplanes - Landings

Criminal Records So-called "national" databases inaccessible to non-governmental users. See “National Criminal Background Checks: Myths, Realities & Resources” by Jackie Walters. Pay databases– LexisNexis, Westlaw, Openonline and Accurint may not pick up misdemeanors or all arrests. Examine scope of database before pay to search it.

Criminal Records Cuyahoga County felony arrest records can be obtained at County Sheriff’s office. Cost = $6.00. Back to early 1970s. www.buckeyesheriffs.org for other Sheriff’s offices Do docket search of individual courts.

Criminal Records Free Internet Databases: Criminalsearches.com: Searches across numerous states and counties. Does not include all courts/counties. Federal Bureau of Prisons (Incarcerated 1982 to present. Minimal info.) Ohio Dept of Corrections Offenders sentenced to serve time in a STATE facility. Corrections.com – Links to other states’ databases.

Criminal Records Sex offender databases: National Sex Offender Public Registry: Search for names of sex offenders in multiple state databases at once. FBI's State Sex Offender Registries: Links to state sex offender databases.

More options for Criminal Records Ohio Attorney General’s Office WebCheck: For fee, need fingerprints and driver’s license. Arrests for felonies and escalating misdemeanors. Federal denied persons list Newspapers, Court Dockets. BMV records, if permissible purpose.

Bankruptcy and Court Records U.S. Party Case Name Index (PACER) Justia Federal District Court Dockets LLRX Court Rules & Dockets ; National Center for State Courts ; Butler County Statewide Court Records Seach – Links to dockets. Know-X Civil Lawsuit Finder – Searches all states at once for $2.95.

Vital Records – Birth & Death Records National Center for Health Statistics Ohio Department of Health – order online or info on local offices’ Web sites. Cleveland Necrology File Social Security Death Index Americas Obituaries and Death Notices Online Searchable Death Indexes

Vital Records – Marriage and Divorce Abstracts can be ordered from Ohio Dept of Health Copies of marriage licenses/ divorce decrees must be ordered from the probate court/domestic relations court Lexis has marriage and divorce records for 15 states, Westlaw has these for some states too.

Social Security Numbers In court documents (especially divorce and UCC filings), but recently courts enacted rules to redact this information. Most pay databases have removed social security numbers or mask last four digits, including LexisNexis, Westlaw, Openonline, Accurint and KnowX. LexisNexis, Openonline will provide authorized users with certain type of account that gives access to Social Security numbers.

Social Security Numbers Free verifiers: Social Security Number Validator Carnegie Mellon Social Security Number Watch The Social Security Death Index - for people who died since 1963

Professional Licenses Ohio License Center Ohio Medical Board Disciplinary Actions Ohio Supreme Court: Attorney Information Search Certified Financial Planner Look-up Cleveland Law Library’s Public Records FAQ

Campaign Donations FECInfo: Donor look-up for federal campaign contributors. Opensecrets.org: Donor name lookup for federal elections. Ohio Secretary of State Follow the Money.org: State political campaign donations.

Other Info about People Spock finds news articles about people. It searches networking sites and the Web. Zoominfo - gathers information about people in their professional capacities and about companies. Newspapers and General Internet Searches

Dead People To find heirs, try obituaries: Americas Obituaries and Death Notices (Newsbank) Online Searchable Death Indexes Cleveland Necrology File Cleveland News Index Try relative databases, discussed above

Company Information Company’s Website SEC’s Edgar for public companies New IDEA database coming soon. See SEC's Press Release Searching SEC docs easier on SECInfo.com, Lexis, Westlaw, Mergent. Cleveland Law Library Guide to Business Information lots more links.

Information about Companies Check local public library for databases such as Mergent, Gale’s Business & Company Resource Center Secretary of State – Corporate charters, articles of incorporation, UCC The National Association of Secretaries of State Contact Roster

Company Information Most popular for-fee database - Dun & Bradstreet Nice free ones with public and private company info: Hoover's Online Forbes – America’s Largest Private Companies ThomasNet