NY and Federal Criminal Background Check
If you are looking to obtain an NY or Federal criminal background check there are myriad of options on the internet. Unfortunately almost all of the services offered online are are unofficial. The data is compiled from various questionable data sources. Clients often ask which official court records can we obtain on their behalf. We generally obtain there separate criminal history reports to ensure we have a complete criminal background check. The first criminal background check we obtain is the FBI criminal history summary, the second is either a NY criminal background check through the New York State Office of Court Administration or through the New York State Division of Criminal Justice Services and the third one is the individual certificates of disposition for any town or village courts in New York State for sealed records. A criminal background check is referred to as a rap sheet. A rap sheet meaning a record of arrests and prosecutions.
Federal Background Check
A criminal history summary offered by the FBI is a nationwide report on your criminal history. The criminal history summary lists all of the arrests and the dispositions for any fingerprints that were submitted to the FBI. The name of the agency that submitted the fingerprints to the FBI, the date of the arrest, the arrest charge and the ultimate disposition of the arrest.
An official federal criminal background check can only be obtained by you, or your attorney. The common reasons our office sees for these requests is the following:
- Personal review by the client
- To challenge information listed on the criminal history summary
- Adopting a child in the USA
- Adopting a child from outside the USA
- To live in a foreign country
- To travel in a foreign country
- To work in a foreign county
- Immigration issues
- Work in law enforcement
We work with an FBI-approved channeler to obtain criminal history reports for our clients. A FBI-approved channeler is a private business that has contracted with the FBI to obtain criminal history reports and to deliver them to the applicant. If there is no criminal history, then you will receive a report that says no criminal history exists. If there is a criminal history then you will receive the summary
To obtain your criminal history from the FBI you will need to submit an official fingerprint card which is called FD-258 along with an application form.
FBI Fingerprint Card FD-258
In lieu of doing traditional fingerprinting you can also utilize live scan. Live Scan is a fingerprinting technique in which law enforcement and/or private businesses can capture an individuals fingerprints and palm prints electronically.
The FBI criminal history application form will require the following information:
- Last name
- First name
- Middle name
- Date of Birth
- Phone number
- Height
- Weight
- Eye color
- Hair color
- Place of birth
- Whether you are a US citizen, or legal permanent resident. Please note, if you are neither the request needs to be submitted directly to the FBI.
New York State Background Check
In New York State, there are two official ways to obtain your NY criminal history. The first one is through the New York State Office of Court Administration.
The New York State Office of Court Administration can obtain a New York State criminal history report. This criminal history search is based on an exact match name and date of birth. This report will detail any open and pending criminal matters in New York State as well as any convictions. The NY criminal history report will detail cases from New York County Courts, New York Supreme Courts, New York City Courts, New York Town Courts and New York Village Courts. The information on the New York Town and Village Courts are generally very limited.
I generally recommend that in addition to the above FBI criminal history report and the New York State criminal history report, and individual obtain a certificate of disposition for each town or village court in which there was an arrest or a sealed disposition. This will provide a comprehensive official criminal history check.
A second method to obtain a New York criminal history is through the New York Division of Criminal Justice. Both an individual and their attorney can obtain a criminal history through this method. Your fingerprints will be needed to conduct a record review.
Todd A. Spodek is NY Criminal Defense Lawyer with Spodek Law Group P.C. Please call us at (888) 997-4123 for a free consultation on any criminal matter.
Complete NY and Federal Criminal Background Check: The Ultimate Guide
If you need to acquire an official NY or Federal criminal background check, you must tread carefully, as the majority of online services tend to be unofficial. These options usually compile data from various unreliable sources, which leads to an incomplete or inaccurate criminal background check. In this ultimate guide, we will walk you through the three necessary criminal history reports to ensure you receive a comprehensive background check. These three essential reports are:
1. The FBI Criminal History Summary
2. A NY Criminal Background Check through the New York State Office of Court Administration or the New York State Division of Criminal Justice Services.
3. Individual certificates of disposition for any town or village courts in New York State for sealed records.
What is a Rap Sheet?
A criminal background check, also known as “rap sheet“, denotes a record of arrests and prosecutions.
Obtaining a Federal Background Check: The FBI Criminal History Summary
The Federal Bureau of Investigation (FBI) offers a nationwide criminal history summary, which is the key to unlocking a comprehensive report on your criminal history. This summary contains a detailed record of all the arrests and their corresponding dispositions from fingerprints submitted to the FBI. Additionally, it includes the name of the agency that submitted the prints, the arrest dates, charges, and final dispositions.
An official federal criminal background check can only be obtained by you or your attorney in situations like:
– Personal review by the client
– Challenging listed information in the criminal history summary
– Adoption of a child, both domestically and internationally
– Living, traveling, or working in a foreign country
– Immigration issues
– Employment in law enforcement
Using an FBI-Approved Channeler for Criminal History Reports
Our office partners with an FBI-approved channeler to securely obtain criminal history reports for our clients. The FBI-approved channeler works through a contractual agreement that allows them to access and deliver criminal histories to applicants. The resulting report will either declare the applicant has no criminal history or provide a comprehensive summary of their history.
Submit an Official FBI Fingerprint Card and Application Form: FD-258
To acquire your criminal history from the FBI, you need to submit an official fingerprint card called FD-258, along with an application form. In addition to traditional fingerprinting, applicants can use the Live Scan service – an electronic technique to record fingerprints and palm prints.
The FBI criminal history application requires the following information:
– Last, First, and Middle names
– Date of Birth
– Phone number
– Height, Weight, Eye and Hair color
– Place of Birth
– US Citizenship or Legal Permanent Resident status. Non-citizens or non-residents must submit their request directly to the FBI.
New York State Background Check: Two Official Methods
In New York State, there are two official ways to obtain your criminal history:
Method 1: The New York State Office of Court Administration
The New York State Office of Court Administration procures an exact match name and date of birth-based NY criminal history report. This comprehensive report provides essential details on opening or pending criminal matters in New York State, as well as prior convictions. Cases covered under this report include New York County Courts, New York Supreme Courts, New York City Courts, New York Town Courts, and New York Village Courts. However, note that information on Town and Village Courts may be limited.
Method 2: The New York State Division of Criminal Justice Services
Another method involves obtaining a criminal history through the New York State Division of Criminal Justice Services. Both an individual applicant or their attorney may use this option, which requires fingerprints to conduct a record review.
Final Recommendations
Compiled advice suggests that acquiring a comprehensive and official criminal background check should include the FBI Criminal History Summary, the New York State Criminal History Report, and individual certificates of disposition for each town or village court with an arrest or sealed disposition.
Todd A. Spodek is an experienced NY Criminal Defense Lawyer with Spodek Law Group P.C. Please call us at (888) 997-4123 for a free consultation regarding any criminal matter.