How to Obtain a Kentucky Criminal History Background Check

This is a follow-up on yesterday's post. I am sure that many of you will need, at least at one point of your practice, the criminal background of a party, witness, or even a client.

Kentucky's Administrative Office of the Courts allows individuals, employers, non-profit agencies, licensing agencies, government agencies, youth leaders, and emergency management service agencies to request a criminal history background check on other individuals.

Go to this link at the AOC's website, which provides instructions on making a request, outlines the fee structure, and provides links to the appropriate request forms.

WARNING: Some of these requests are not anonymous. For example, if you are an individual or non-profit organization making a background request, you must provide, with your application form, a envelope addressed to the person whose background you are searching.

BlackBookOnline: Helping You Get the Dirt

Kudos to Tom Mighell of Inter Alia / Internet Legal Research Weekly fame for highlighting a website for those of you needing to find out background information (criminal record history, bankruptcy filings) on an individual: Black Book Online.

BBO, which is edited by Private Investigator Robert Scott, helps you find the appropriate resources to find the records for which you are searching.

You indicate what type of records (e.g., criminal records, bankruptcy filings) you want to search as well as where you want to search, and BBO guides you to the appropriate online resources (some of them are free, some of them are not) for those criteria.

I particularly liked the "Custom Search" link on BBO's home page which allows you to prepare a search for multiple types of records and jurisdictions.

Know the Local Rules - Go Into Court Prepared

From "My Cousin Vinny" (courtesy Internet Movie Database):

Judge Chamberlain Haller: What are you wearing?

Vinny Gambini: [wearing a leather jacket] Um, I'm wearing clothes. [Judge stares ominously]

Vinny Gambini: I... I don't get the question.

Judge Chamberlain Haller: When you come into my court looking like you do, you not only insult me, but you insult the integrity of this court.

Vinny Gambini: I apologize, sir, but, uh... this is how I dress.

Judge Chamberlain Haller: The next time you appear in my court, you will look lawyerly. And I mean you comb your hair, and wear a suit and tie. And that suit had better be made out of some sort of... cloth. You understand me?

Vinny Gambini: Uh yes. Fine, Judge, fine.

Apparently, Judge Haller's court had local rules dealing with a lawyer's attire. Apparently, Cousin Vinny didn't check those local rules before going into court. If Cousin Vinny practiced in Kentucky, he could have avoided such an embarrassing moment by going online or making a call.

All trial courts in Kentucky have their local rules of practice which govern issues ranging from pleading requirements, the times for motion hours to lawyer appearance. The Kentucky Court of Justice makes them available online for free. Cousin Vinny could have accessed a court's local by clicking here or on the link to the right. Cousin Vinny could have also called the Circuit Clerk's office for the Court and requested a copy. Finally, Cousin Vinny could have called a local lawyer and asked for a copy.

Cousin Vinny would have been prepared and avoided embarrassment if he bothered to look up the local rules. And now, having read this post, you can avoid such an embarrassing moment by knowing how to do it for your case.

KYLNR's Grand RE-Opening

After a long hiatus and inspiration by my wife's blog, I'm committed to regular blogging again. My goal? 1 post every two days, and whatever else I can fit in-between. I want this blog to be for you readers what I would expect it to be for me - a practical site which provides practical tips and convenient resources for the young (read: new) Kentucky lawyer. However, I hope it will be useful for any attorney - young, old, Kentucky practitioner, or otherwise. Stay tuned!