The Future Proves the Past

THE PAST IS THE PAST AND THE FUTURE IS NOW

I take great satisfaction in my career as a private investigator, particularly because I began my journey at a time when traditional investigative methods were still prevalent among private detectives. While I did not master all the techniques, I acquired a substantial number of them, which still hold some relevance today in unique ways. Nevertheless, the evolution of laws concerning information and privacy has significantly altered the landscape. It is crucial for professionals to adeptly navigate these changing regulations. The methods by which we obtain information have significantly evolved over the past three decades. Today, the internet has democratized access to a multitude of information sources for the general public. Nevertheless, many of these online resources offer only fragmented insights and should not be wholly trusted as reliable references. Despite this limitation, numerous free platforms do present valuable information, leading many individuals to feel adept at conducting research. Information can be likened to a jigsaw puzzle, where individual pieces are gathered to form a coherent and discernible image. The ability to assemble this puzzle in a logical and comprehensible way is akin to the expertise of a skilled checkers or chess player. Navigating the information landscape demands a specific set of skills, particularly as this terrain is continuously evolving. It is imperative for our industry to remain vigilant regarding the dynamic legal environment that influences our trade and profession.

Historically, when an investigator sought to locate an individual, they often traveled to the county courthouse to examine various public records. These records could encompass civil cases, marriage and divorce documentation, property records, probate files, and criminal records, among others.

In my early career, I often spent extensive hours in the archive office located at the top of City Hall, meticulously sifting through files and examining countless pages of documents in search of elusive information. At other times, I frequented the County Voters Registration Office, where I would request and analyze documents, piecing together information in the traditional manner. The skills I developed in researching such information have proven invaluable over the years. Nowadays, many of these records are accessible online through various government websites; however, it is crucial to recognize the unparalleled value of examining the original case files. While it is not always necessary to do so, occasionally reviewing these files can provide a fresh perspective on an investigation. I have numerous examples that illustrate this point, and I would be pleased to share one specific instances to clarify my approach.

A few years ago, I was engaged to perform a background investigation on an individual who disclosed an arrest on his application. He was honest in addressing this specific inquiry. When asked, "Where were you arrested?" he accurately stated Philadelphia and Wildwood, New Jersey. His responses remained truthful throughout the process. However, the application did not inquire about the specific charges or whether he had been convicted of any crimes. This inquiry, "Have you ever been arrested?" can be perceived as misleading. The rationale behind this perspective is that arrest records are generally accessible unless an individual has successfully petitioned a judge for expungement. An expunged record will not be reflected in background checks conducted within the criminal justice system. In Pennsylvania, the Pennsylvania State Police are responsible for the removal of such records, and it is expected that these records are eliminated from all governmental databases that retain them. The primary objective of expungement is to ensure that these records are no longer available.

Expunged records will not appear in a "Standard" background check conducted by prospective employers, landlords, investigators, private individuals, or attorneys performing due diligence. However, it is crucial to recognize that the arrest file typically remains accessible. In some courthouse, a physical file detailing the specific case exists, associated with a designated docket number.

I discovered multiple criminal arrest records for the individual in question. While some of the arrests were straightforward, a couple raised my suspicions due to their unusual nature. Although he faced serious charges, he was never convicted, which prompted concerns on my part. It was essential for both my client and me to understand the circumstances surrounding these cases. Reviewing the court docket alone would not provide the necessary details, so I determined that the only course of action was to visit the courthouse and examine the physical files to gain a clearer insight into the situation and the reasons behind the dismissal of the charges. In this instance, the applicant faced charges of aggravated assault but ultimately was not prosecuted. Upon reviewing the case file, it became clear that the applicant had stabbed his girlfriend in the neck with a needle. He had intimidated her to such an extent that she declined to testify against him, leaving the court with no option but to dismiss the charges. Consequently, he evaded accountability. However, by visiting the courthouse to examine the relevant documents, we gained a deeper insight into the applicant's character and behavior during this critical period of his life. The applicant was surprised by my thorough investigation into the charges. He did not anticipate that I would also examine the records in New Jersey. In that case, the applicant faced arrest for physically assaulting a law enforcement officer. I provide my client with factual information, leaving the interpretation and application of these facts to their discretion. Nonetheless, it is important to acknowledge that certain investigative methods from the past are crucial for achieving a comprehensive understanding of the events in any given situation.

The topic of expunged records presents a fascinating discussion relevant to contemporary practices. Today’s investigators have access to extensive databases, which serve as remarkable resources. These tools enable investigators to retrieve information in mere seconds and significantly reducing the time previously spent sifting through courthouses. This advancement has streamlined our profession considerably, revealing insights into the loopholes associated with expunged records.? To comprehend this loophole, it is essential to grasp the process of information collection. Therefore, I will aim to clarify the explanation. Database firms engage in contracts with governmental entities to obtain records for their systems. They compensate various cities or states for a specified level of access to public records, enabling them to input and archive this data within their own systems. Typically, the information is received by the database systems with a slight delay from real-time.

When Joe Smith is arrested, an arrest record is generated within the government system. This system collaborates with database companies, leading to the information being uploaded into their databases. Years later, Joe Smith successfully expunges his case, resulting in the removal of the record from City, County, and State Records. However, private data companies are not obligated to delete this information automatically. It is understood that individuals must petition each data system that retains this information to request its removal. In many cases, this does not occur, leaving the arrest record still accessible in the private database repositories.

It is essential to implement checks and balances in this specific context. I believe it is acceptable to inform a client about the discovery of an arrest or crime; however, it is equally crucial to communicate that the record has been expunged.