In the previous piece about decoding criminal case dispositions, we listed the most common dispositions (e.g., guilty, not guilty, dismissal, not prosecuted). Here is a list of less common criminal case dispositions, some of which may be only found in one jurisdiction: Suspended Sentence: This means the court has delayed the sentencing for an offense […]
A dismissal also can take one of two forms: With prejudice – which means the plaintiff is barred from filing a new lawsuit based on the same claim. Without prejudice – which means the plaintiff can still file a new lawsuit based on the same claim, such as when the defendant does not carry through […]
Almost everyone has heard the terms DWI and DUI, and many think that both are interchangeable. New York law uses a third term – DWAI. None of these terms are interchangeable, and New York law does not use the term DUI or driving under the influence. In New York, there are two main “drunk driving […]
A basic principle of conducting international searches on an individual is that you need a lawful basis for processing personal data. This principle applies to both employment-purpose and commercial background checks. Although the number and type of lawful bases vary from one country to another (especially with the enactment of new data protection and privacy […]
Some states allow a defendant convicted of a crime to apply for a court order limiting public access to the conviction record or to restore rights and remove disabilities caused by the conviction. This type of order is commonly referred to as an expungement; however, the qualifications for obtaining an expungement and the effect of […]
Although several states have laws analogous to the federal Fair Credit Reporting Act (FCRA), the District of Columbia does not. As a rule, the District of Columbia follows the federal FCRA regarding the limitations on reporting negative information in background check reports used for employment purposes. However, there are three notable exceptions where district law […]
A “disposition” is the final outcome of a case, regardless of what it is called. Here is a list of typical criminal case dispositions. Guilty or Conviction: This is the worst possible disposition if you are the defendant. It means that the case was heard and decided against you. With a conviction, the court will […]
Job applicants often disclose criminal convictions during the application process. It may seem logical that we can include the disclosed record in our background reports. After all, we are simply verifying what the subject already disclosed, right? Actually, it’s wrong. The subject’s disclosure of a criminal conviction does not affect our reporting obligations under the federal Fair Credit […]
The NY FCRA sets forth notice and authorization requirements for investigative consumer reports as shown in “https://law.justia.com/codes/new-york/2017/gbs/article-25/380-c/” NY Gen Bus L § 380-C. However, this section is silent on the issue of employee misconduct investigations and we found no language in NY FCRA law that is analogous to the federal FCRA exemption for employee misconduct investigations as […]
Typically, an arrest record will show the date, arresting agency, and the subject’s name (and other identifiers such as DOB and address), without specifying the charge or charges. The reason for this is twofold: (1) until the district attorney (“DA”) files a criminal case, there are no charges; and (2) the charges filed by the […]