NY Times explains the problem with non-CRA commercial criminal databases

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NY Times article on how criminal databases not Background Check CRA’s are obtaining and using data for criminal searches.  

http://www.nytimes.com/2006/10/17/us/17expunge.html?pagewanted=all&_r=0

 

Marissa McCall Dodson, GJP, Letter to Editor

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Marissa McCall Dodson’s Letter to the Editor, accurate, yet does not go deep enough into the root problem to really reduce the barrier to employment for the ex-offender.

Marissa headshot
posted on February 7th, 2014

In response to the attached article in the Daily Report on February 3, 2014:  “Public Has Right to Ex-Offender Info, Lawyers Say”, GJP’s Policy Director & Attorney, Marissa McCall Dodson wrote a response.

LETTER: ‘Compelling interest’ Allows Records to be Sealed

Daily Report

February 07, 2014, 12:00 AM

This letter concerns the Daily Report’s Feb. 3 article, “Public has right to ex-offender info, lawyers say.”

My organization, the Georgia Justice Project, is committed to reducing the barrier to opportunities faced by those with criminal records in Georgia and we are pleased with the recent recommendations made by the Criminal Justice Reform Council, specifically the recommendation to prohibit consumer reporting agencies from reporting records sealed under Georgia law.

 

– See more at: http://www.gjp.org/news/marissa-mccall-dodsons-letter-to-the-editor/#sthash.gj4vlsQT.dpuf

Public Has Right to Ex-Offender Info, Lawyers Say

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“The First Amendment does not allow the government to erase history, including arrest histories,” Manheimer said. “No organization—whether it’s a media organization or a consumer reporting agency—should be punished for publishing accurate information about the fact that our government saw fit to place a person under arrest.

Free speech experts raise concerns about allowing suits over reporting on sealed records

Kathleen Baydala Joyner, Daily Report
February 03, 2014, 12:00 AM

 

First and Fourteenth Amendments

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RICHMOND NEWSPAPERS, INC. v. VIRGINIA, 448 U.S. 555 (1980)

    MR. CHIEF JUSTICE BURGER, joined by MR. JUSTICE WHITE and MR. JUSTICE STEVENS, concluded that the right of the public and press to attend criminal trials is guaranteed under the First and Fourteenth Amendments. Absent an overriding interest articulated in findings, the trial of a criminal case must be open to the public. Gannett Co. v. DePasquale,

443 U.S. 368 

      , distinguished. Pp. 563-581.

Non-CRA Commercial Database Advertises “Guarantee ALL information is 100%”

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https://www.usacriminalbackground.com  Their home page contradicts the user agreement.

 A COMPLETE FEDERAL, STATE, AND COUNTY CRIMINAL RECORD REPORT

This Nationwide 50 State Criminal History Search is Generated Utilizing ALL FEDERAL, STATE and COUNTY Government Databases. This Guarantees ALL the information is 100% Accurate, Reliable and Current. 

This is from the User Agreement:

3.) US Criminal Checks, Inc. makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any records/materials on US Criminal Checks, Inc.’s web site or in US Criminal Checks, Inc.’s databases.

4.) You understand that all information contained in and re-sold by US Criminal Checks, Inc. is compiled from public records obtained from state, local and federal government offices and may not be 100% complete or accurate.