Background Check NICS How to? Haye's

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Nickmotodc

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Does anyone know where we can look up our own records to see what NICS would see? Hypothetically, I.e if many years ago there was a charge to see if it was expunged.

The reason is that under Hayes' the definition is now defined a little more broad and it is re-assuring to know what is out there.

Meaning someone who has been forthright and legally purchased a firearm, could now be illegal under the newer interpretation of the law. This is in no way someone trying to make an illegal purchase. If anything it is the situation of a person being conscientious of wanting to be within the law and being forthright, before even stepping foot into a dealer and signing a 4473.

Someone could go to a local courthouse where the charges may have been processed initially, but then that may stir the courthouse up for them to even look for anything especially if it does not exist anymore... So where can someone look at their own records?

Under Hayes’ it appears some people who may have been ok to have a firearms are risking being a felon now due to the broader interpretation of the law. Meaning before February 25, 2009, you were legal and now you are illegal.

So, how can we privately/anonymously look up our own record without making a ruckus?
 
Under the law, only a federally licensed dealer, distributor or manufacturer can access NICS for a background check, and only then when they are transferring (selling or otherwise) a firearm(s) to an individual. Even law enforcement agencies are excluded. NICS on the other hand draws on various and unspecified databases to get the information they have - which may be, or not be, up to date and accurate. If you try to buy a gun and are rejected there is an appeal process, and they do have to tell you why.

The only way I know of to check your own background is through a private agency on the Internet. I have added a link to one (and there are many). If they find something you should presume that NICS has too, although that may not be the case.

Also in some states the court systems allow one to search they're records over the 'net, and unlike the private agencies there is no charge for doing so.

www.intelius.com
 
We just had this problem with my friend that originally was charged with a felony years ago, but got reduced to a misdemeanor.

The private agency we went with ($20) had "no records available". The county website only showed the original charge, not the outcome.

We're having a heck of a time getting the correct info. She has a notarized document showing her misdemeanor conviction, the only proof of her ordeal.

We were told she'd have to physically travel to the original conviction location (several states over) as local state police/county offices can't do it.
 
Dealers do not have access to the information on NICS. All they get is an "approved" or "denied" (or a couple of others) response. They cannot tell you why the disposition was a certain way.
 
I chuckle a little every time I'm approved without delay. Our local PD has a twenty year veteran officer who gets delayed -- every dang time. It's become a running joke at the pawn shop. Meanwhile, warts and all, I sail right through in minutes. Frankly, I'd love to know more about how those determinations get made. Never having been denied, and never having a client been denied, I've never seen the appeals process work.
 
Well, I am going to the local courthouse tomorrow at 8 a.m. and going to ask for a background check. I hope it is free and it is the direct source. Being forthright I'd be happy to know exactly what is there if anything at all. I'd rather know than order something, have it come in, and then get declined. I have passed three times though what my concern was this new legislation but upon further review it is mot to me.
 
I would do some research before using intelius. They have a reputation for fraudulent behavior and often sign you up for products and services without your permission once you purchase something from them.
 
I seem to be having the same problem. Every purchase I made prior to 2007 sailed through without a hitch, no delays. Starting late 2007 and ever since, each purchase comes with a delay. And at one time in my career I had a high level DOE clearance! I just tell the dealers to expect one now, it is just a routine. I'm not sure what it is that is flagging me, but it sure is a PITA, especially at a gun show where the dealers are leaving town the next day! As one earlier post mentioned, the NICS garners info from a number of sources. You could have a similar last name to someone on an HS watchlist, or just about anything. I still support the system and it's basic rationale but I wish that the process were more transparent.
 
If you are denied on a NICS, the dealer will not be able to tell you why at any time. There is a form you will need to submit for a detailed reason, but the dealer will not be part of that. The only info I get from NICS is proceed, delayed or denied, occasionally I have to be transferred to another agent before the proceed is given, but that doesn't happen often.
 
I was slow at a Walmart one time..... They guy at the counter said that if there is someone in the area with the same last name involved in something recent, they will screen you carefully. An hour or so later, I was out the door. True? I dont know....

If you have a common name there might be something to it. (Common can be relative to where you live)
 
Almostfree:

I would do some research before using intelius. They have a reputation for fraudulent behavior and often sign you up for products and services without your permission once you purchase something from them.
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I've used them several times without problems, but I will keep your warning in mind.

Thanks.
 
Or, You can do is request your CJIS/FBI File that has the same information - with the possible exception of medical information - that is used for a NICS check.


From LouisanaCarry.ORG http://http://louisianacarry.org/fed/nics.htm#FBI_-_CJIS_Division_-_FBI_Identification_Record_Request

Only 18 bucks, a fingerprint card and 3-4 weeks wait time. There is nothing anonymous about this process.

Hope this helps.


Also, local government may only be able to provide you with state and local records. Interstate records are only available from the Feds

JDD
 
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The criminal background checks that are accurate, and used by law enforcement, such as those given for background checks on possible future law enforcement officers are only available to law enforcement agencies. These put a list of info from you (current name, address, age, SSN, current employment, all known criminal or legal background, schools, fingerprints, pictures,etc, etc), they take anywhere from a few days now to a few weeks at most. The checks send all of the info you provide countrywide, and to Interpol to all law enforcement agencies, which recieve the info, and cross reference as required by law, if anything matches a "hit" is put on the system to be returned, then the info is further examined to verify whether its you or someone else. These checks are only permitted by state police departments and the FBI without the individual doing the check having to answer to these departments for requesting the info.
You can request info from each police department where you have ever lived, any and all records, but no one check aside from these CLEAN system checks puts them all together.
Paying for private companies to check your background doesnt cover much, these are primarily credit check, type checks. I dont know if you can request the info on yourself through the FBI, the state police only give you their records on you.
 
I've used them several times without problems, but I will keep your warning in mind.
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Sounds like you had a much better experience than me. I signed up to do a one time background check and was charged something like $15. About a month later I got another charge from them for $20 and two additional $20 charges from other companies that they had given my credit card information to.

I researched this on some of the sites that record consumer complaints and discovered that have a history of this. After a week of angry phone calls and having to cancel my credit card, they did refund my money. I won't say that I am blameless in this as it was probably hidden in the fine print somewhere and I didn't catch it.
 
I appreciate everyone's replies.

The search is $7 at the Courthouse records Center where the possible incident happened. I think all internet companies or third parties would be a waste of time, no guarantee and pricey. My initial email perhaps needed to be more clear and not mention Hayes or NICS.

Basically I wanted to officially see what is my record in a specific jurisdiction. I am sure of everything I have done or not done in the country and when and where.

I simply though there is a FOIA Federal site which lists all crimes. Since the public can sit in a courtroom and watch everything I thought it may be as simple as going to a public website or a public library, etc.

It is snowing today in D.C. so I will get to use my Fed 2 hours delay to go get this done.

$7 and no leave for a forthright piece of mind sounds great to me. I did enjoy reading everyones blurbs though.
 
Time to order a new toy!

“one is completely thrown out (no papered) and one is still there dormant (Dismissal or Nolle Prosequi)

All was free I went in person!
 
Why some people get extra attention

My dealer, who is a personal friend as well, recently asked someone at NICS why he was transferred up to FBI every time I buy something. They told him very directly that it is because my name is too common. This fits with the fact that the two times I have re-entered the country the customs screener has called over a uniformed officer who took my passport into the back room and did some extra research.

I would not doubt that things like a wanted person in the same area who matches an applicant on some number of details (name, age, DOB, weight, etc.) might also trigger a deeper search before the request gets approved.
 
I am going to the local courthouse tomorrow at 8 a.m. and going to ask for a background check
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First it will not be done, second, they charge for everything. Third it is a waste of time. The local courthouse will have records pertaining only to case which occur in their jurisdiction.

Most state agencies will provide a CCH after a set of prints is submitted. It is not free and will take time to get an answer.

Interstate records are only available from the Feds
Click to expand...

We had access to III records for departmental use. We did not provide any private background checks through our system.
 
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