How to find California criminal records

Posted by admin2 | Uncategorized | Sunday 26 July 2009 10:47 pm

In some states, there are no rules of law that prevents an employer from using your criminal records and documents to decide on hiring you. This also means that pre-employment background checks are even more emphasized as this is the only means of determining that the person does have a criminal record. Thus, having no record to taint your background is quite important for most people if they want to improve their chances of getting hired.

In California, things take a different pattern. Section 432.7 of the California Labor Code states that “No employer, …, shall ask an applicant for employment to disclose, …, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any … diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, …, any record of arrest or detention that did not result in conviction, …. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on a bail or on his or her own recognizance pending trial….”

In more simple terms, employers in California cannot use the California criminal records of prospective employees as a basis for their hiring decisions. The primary exception to the rule is when the California criminal records involve an actual conviction. There are cases wherein California criminal records are provided for even when the suspect was not convicted of the crime. In this case, employers cannot use these types of California criminal records in accordance with the Labor Code, Section 432.7. Also, employers cannot ask any private organization to inquire upon the applicant’s California criminal records and use the information or data taken to base their decisions.

However, as provided by this same code, an employer reserves the right to inquire about a prospective employee’s arrest which can be included in the California criminal records. Also, the employer may ask about the circumstances of or around a pending criminal trial in which the applicant is involved and is, as of the moment, out on bail. Such instances also lead to the establishment of California criminal records, although they may or may not result in convictions.

So, what this means is that unless you have a conviction in California, you are safe from any hiring decision that is biased of your criminal record.

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A Loud Whisper – Understanding Computer Forensics Reports

Posted by admin2 | Computer Forensics | Wednesday 22 July 2009 4:38 pm

In the field of computer forensics, as in the field of law, procedures in civil cases differ somewhat from those in criminal cases. The collection of data and presentation of evidence may be held to different standards, the process of data collection and imaging can be quite different, and the consequences of the case may have very different impacts.

Computer forensics reports are prepared by computer forensics investigators. They gather the necessary information, analyze them and then draft out the final computer forensics reports. As good as they are, computer criminals oftentimes leave behind clues which aid the investigators to track down the root cause of their crime.

Even when the files have been deleted from the specific location in the computer, the original data is not at all erased from the entire computer system. With certain techniques, tools, and skills that the investigators are equipped with, the analysis of the fraudulent act or crime can be made with such accuracy.

Where does the computer forensic report information come from?

There are four main areas where the investigators gather their evidence from. There are other areas which are looked into but the following are the most commonly looked areas.

In order to detect illegal activities, the computer forensics analysts use the sophisticated tools and fully equipped laboratories to conduct thorough and accurate investigations.

The Deleted Files:
When data is deleted, it is put in the trash bin. The computer forensic expert will look in the bin to see what is in it.

The tougher part is the deleted files that have also been deleted from the trash bin. These will require special software in order to restore them.

By contrast, in a civil case, there tends to be a lot of negotiation over what computers and what data can be inspected, as well as where and when. There is not likely to be any seizing of computers, and quite a long time may take place between the time the request to inspect a computer is made and the time the computer is made available to be inspected. It is common for one party to have access to a very limited area of data from the other party’s computer. During this time, a defendant may take the opportunity to attempt to hide or destroy data. The author has had several cases wherein the computer needed for analysis was destroyed before the plaintiff had the opportunity to inspect. Such attempts at hiding data are often discovered by the digital forensic sleuth, who may in turn present evidence of such further wrongdoing in expert witness testimony.

Opportunities for learning techniques and interacting with other professionals may differ as well. While some computer forensic software suites and training, such as Access FTK, EnCase, or SMART Forensics are available to most who can pay, others, such as iLook are available only to law enforcement and military personnel. While many support and professional organizations and groups are available to all, some, such as the High Technology Crime Investigation Association (HTCIA) are not open to professionals who provide for criminal defense (with a few minor exceptions).

Resource Author Francisco Rodriguez Higueras
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Businesses Must Use Confidential Shredding

Posted by admin2 | Uncategorized | Tuesday 21 July 2009 12:00 am

Personal privacy and data protection have never been more important. Our personal details are stored electronically in many locations and we all need to be certain that they will never fall into the wrong hands.

Document shredders have become commonplace in many homes. People are sensibly using these handy devices to shred their personal documents before placing them in the rubbish bin. And there are good reasons for this. Sifting through people’s rubbish is a technique commonly employed by criminals intent on stealing a person’s identity. There have been many cases of people who have had their bank accounts emptied or accrued expenditure on their credit cards purely through having some of their vital details acquired from their household rubbish.

While we can all take steps to shred the personal documentation that we might consign to the waste basket, what about personal data that is held about you by various others like your doctor, your bank or your insurance company? We all trust various organisations with our personal details and there have been some well reported cases wherein that trust has been misplaced and personal data has fallen into the wrong hands.

Businesses and other agencies holding any of your personal data are required to keep it securely, by law. Businesses and other agencies have an obligation to keep our personal data secure. And when the time comes to dispose of their records this must be carried out sensitively and securely.

Confidential shredding services can be used to ensure that documents and data are disposed of securely, without any risk that the information will fall into the wrong hands. Reputable data disposal firms will collect your office documents and data in secure containers and then provide you with destruction certificates when it has been disposed of.

If you are responsible for the disposal of sensitive data and documents you would do well to consider the services of Amber Moves. They are a reputable London Office Removals firm who provide totally secure and confidential shredding and data disposal services.

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