[NR] Re: Facts
derrykcarr at hotmail.com
Thu May 24 10:02:54 PDT 2001
Thanks for the info. I stand corrected. My appologies to the list, and any
one that I may have offended.
>From: "Decker, Terry D." <TerryD at Health.State.OK.US>
>Reply-To: northern at ansteorra.org
>To: "'northern at ansteorra.org'" <northern at ansteorra.org>
>Subject: RE: [NR] Re: Facts
>Date: Wed, 23 May 2001 10:23:21 -0500
>If "background checks" were illegal, then a lot of private investigators
>would be out of business. It is illegal to obtain confidential
>such as personal financial and medical information (which are not part of
>the public record) without permission. Public records are fair game. So,
>if there is a lien on your property, that has been properly filed at the
>county courthouse, I can find out about it without breaking the law, where
>may not be able to find out about a lien on your automobile, depending on
>the state laws about identifying vehicle registartion owners.
>In the matter of court actions, the complaint, its amendments, the
>and the disposition of the case are public record, unless protected by
>statute or sealed by the court. I ran into this one a number of years ago
>when I was accused in the SCA of "protecting criminal." I was the local
>seneschal then. I had loaned a spare bedroom to SCAer who had moved into
>the area. He proved to be less than scrupulously honest, wound up being
>arrested, and my enemies decided that they would capitalize on my being a
>nice guy by tying me to a "convicted sex offender."
>As part of the response to the accusations, I checked the court records and
>found the case had been sealed by the judge and that the defendent had been
>released. Usually, this means an agreement has been reached and if the
>defendent commits no further acts, the record is expunged at the end of the
>sentence. Because I checked, I was able to point out that my accusers
>not have legally obtained the information they were stating as fact.
>If the "background check" was a check of public records, then it may be
>lawful. That would be a question to be decided in a courtroom.
>The questions for us, individually and collectively, are; was such a search
>ethical and having such information, what may one properly do with it?
>Northern mailing list
>Northern at ansteorra.org
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