The problem with police record searches

This article from the Tennessean is an example of the problem with state police checks across the country, not just in Tennessee. Many courts believe the Sheriff is responsible for reporting to the state police. The sheriff was not aware. So many many crimes are not reported to the State Police.

Here is the story from Tennessee…

A state audit has found that confusion, lack of cooperation and enforcement has led to the TBI not knowing the disposition of many arrests. TBI runs background checks, including those for teachers in the state school districts and for gun buyers.

“There is all sorts of confusion, really,” said performance auditor Dean Agouridis, of the state comptroller’s office. “This is a repeat finding, an ongoing issue. Levying fines is a possibility. You can’t run a background check on an allegation. It has to be a formalized disposition.”

Of 2,248,827 arrests in Tennessee between February 2001 and September 2008, 41 percent lacked a disposition, according to TBI management.

And that’s an improvement. There were no dispositions reported for 77 percent of the 1,958,781 arrests between 1995 and 2003, according to the audit dated Sept. 25.

“Without accurate and up-to-date arrest disposition information, bureau activities such as background checks for law enforcement agencies and routine civil applicant and gun purchase background checks can be unnecessarily delayed or come to an erroneous conclusion,” the audit states.

Confusion stems from a longstanding argument about whether court clerks or sheriffs’ departments are responsible for sending dispositions to the TBI, according to state auditors.

But the state Administrative Office of the Courts claims that, under law, the responsibility falls to law enforcement, meaning that sheriffs should be sending the information. Laura Click, spokeswoman for the state’s court system, said that a different interpretation of the law by both sides is the problem.

Click also noted that court clerks are either elected or appointed to their positions and they are not under the purview of the administrative offices of the court.

And each county’s criminal court has its own practice.  Click here to read the rest of the story

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