Court Records Blog

Access to criminal records is a controversial topic on many accounts. Criminal background checks for employment are often important safeguards to protecting vulnerable members of our communities, such as minors and the elderly. It can also help ensure that sensitive information does not fall into the wrong hands. For example, a job where employees have access to bank accounts or social security numbers may not be the best position for a person convicted of identity theft crimes. Yet, the flip side of this argument is that access to criminal records can also create an unfair stigma, especially for first time offenders. Not everyone convicted of a crime is a hardened criminal with no remorse.

As such, most states have laws which provide for expungement of criminal records. When a criminal records is expunged, this usually means everything associated with the criminal records is “destroyed” or no longer available to be viewed. This includes apprehension, arrest, detention, and trial information. So, if an employer performs a criminal background check on someone who committed a crime, but that record was expunged, the search result would be as if there was never a crime committed.

Expungement standards vary according to state. Rhode Island, which already has a reputation for liberal expungement standards, recently had a new expungement law approved by the House Judiciary Committee.

Rhode Island’s current laws allow criminal records to be expunged for first time non-violent offenders five years after the sentence is complete for misdemeanors, or 10 years after completing a felony sentence. The new proposed law, however, would expand the expungement option to deferred sentences. The proposed law reads:

This act would require the records of deferred sentences, dismissals…, or a not guilty finding by a judge or jury after trial, to be automatically quashed and destroyed, if upon completion of the five (5) year period after acceptance of the deferred sentence, no action has been taken on the case. Further, all records relating to the case would be expunged…

With a deferred judgment, the defendant must enter a plea of guilty and then generally has a period of probation where they are subject to certain conditions, such as not being convicted of another crime. If the person successfully completes the probation period, at the end of the time period the guilty plea is considered withdrawn and no judgment of conviction or sentence is entered. Under the new proposed law, after the 5 year probation period, all information related to this criminal record would be “quashed and destroyed.”

While some Rhode Island law makers feel this new law would help lift the barrier of a criminal record which keeps many from getting a good job. Yet others feel that including deferred sentences into the expungement law is a dangerous step because guilty plea was originally entered.

What are your thoughts on this new bill? Is it fair, should other states follow in Rhode Island’s footsteps?

To learn more about criminal records and other public records, visit the Rhode Island Free Public Records Directory.

The Louisiana City Court system is set to get a boost in accessibility and productivity. A new cases management system, called Louisiana Court Connection will make court records available online.

Baton Rouge City Court is the pilot court, which will be first to test this new case management system. Implementation will include all civil, criminal, and traffic cases. After the Baton Rouge City Court pilot, Louisiana Court Connection will be tested in the Lafayette, Lake Charles, and Thibodaux city courts. Pilots for the additional cities are scheduled for next year.

The types of cases found in Louisiana City Courts, which will soon be available for online access, include limited criminal and civil cases such as misdemeanor crimes, juvenile cases, traffic and parking cases, civil cases with claim up to $20,000, and small claims cases with disputes less than $3000. Louisiana has 52 city courts, and eventually, each one will be using the new case management system.

Although the Baton Rouge City Court, as well as the other city courts, currently has an online case and docket system, the information available on the current system is limited. However, the new Louisiana Court Connection will provide online access to an almost complete case history.

In addition to the great strides this provides for public access to court documents, this will also help with efficiency in the city courts because judges can use the system for immediate review of cases. Court staff can also use the system to manage case calendars, dockets, and track fees. Additionally, once the case management system has been implemented in all city courts, the courts will be able to easily exchange and share case information.

Additional information about Louisiana City Courts and the Louisiana court system can be found online at Court Records Reference Directory.�

Most states enact their own specific Landlord/Tenant laws. However, the general subject matter includes rental agreements and a requirement to act in good faith from both the tenant and the landlord. Landlords are also required to comply with the building and housing codes as well as supply basic needs such as running water, hot water, and heat. These laws also discuss timing requirements. For example, in most states, a landlord must provide his tenant with 30 days notice of a rent increase.

Landlord/Tenant laws also cover eviction processes. Again, depending on your state, the time requirements for eviction vary. In Rhode Island, if a tenant’s rent is over 15 days late, then a landlord can begin the eviction procedure. This includes sending a written notice, and providing the tenant with 5 days to pay the past due rent. If this rent is not paid, then the rental agreement terminates. If the rent is not paid within the 5 day period, the landlord can then begin the court process of eviction. In most states, a court eviction is the only valid means of eviction. For example, the process of throwing out a tenant’s belongings onto the sidewalk may not be a legal course of action. In states where a court eviction is the legal process, the landlord must serve the tenant with a summons and complaint a few days before the actual court date. During an eviction proceeding, the tenant can also assert their side of the story. For example, perhaps the tenant did not pay rent because the landlord failed to comply with the rental agreement by not providing heating for several months. Any concerns related to the Landlord/Tenant law and corresponding rental agreement can generally be addressed during an eviction hearing.

Landlord/Tenant cases tend to operate in the judicial system quicker than traditional civil cases. While in many civil cases it can take months or even years before an actual court hearing, in Landlord/Tenant cases, the court hearing occurs in a matter of days. However, despite these differences, similar to civil cases, Landlord/Tenant court cases are typically found in courts of general jurisdiction, such as Superior Courts or District Courts. Some states, however, may have these cases in County Courts. The exact name of the court will depend upon the court system in a particular state. If you are involved in an issue related to the Landlord/Tenant laws of your state, you may find it helpful to review a few cases. You may also find it helpful to visit the Court Records Reference and Directory to find out if your state has an online system to view these records, or get court contact information.�