By U.S. Federal Law all information collected, processed and stored by the government through county, state, district, federal and other government agencies, should be available to the public and accessible freely. Only exempt are information related to national security and defense disclosing which can jeopardize military operations and put into risk the security of the nation, its public figures and its citizens. Certain judicial information is also kept secret keeping in mind the safety of witnesses and to ensure that proceedings are not hampered. This is aimed at ensuring the ideals of fair governance.
Such information includes information regarding any person who has ever appeared in a court proceeding as a party. Criminal records, marriage and divorce records, death and birth records, bankruptcy records and driving records are all part of these records which are collectively called public records. These records are made available after a written or oral application. Written applications generally yield quicker results.
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These records can be used to run background checks on people. In this way identity thefts can be effectively prevented. There are other very important uses of such checks also. If any person conducts criminal activities usurping the authority of his position in any organization an employer will be held liable to be prosecuted for irresponsible employment. Law requires all employers to be sure about the antecedents of a person before employing them.
Furthermore jobs involving proximity to vulnerable sections of society including children, the elderly, the sick and the disabled, require trustable people of good character to ensure the safety of vulnerable people. For example schools, hostels, hospitals, homes for the aged and the disabled all need safe people to be employed. So does babysitting, nursing and nanny jobs that put the vulnerable at the care of outsiders at homes. That only safe people are employed in such jobs can be ensured by running background checks on applicants. Background checks have the possibility of revealing a lot of information that even include social security numbers, contact addresses, date of births etc. in some cases like when a person is involved in a bankruptcy filing.
However state laws differ on the matter of how much information should be available to the public from background searches and the constitution of each state allows different degrees of availability of public records. This is because there are different opinions prevailing regarding the actual utility and fairness of making such personal information public. It can be argued that this is a breach of privacy and subsequently an abuse of human rights. Such easy availability of information certainly encourages people with ulterior motives to manipulate people by blackmailing and abusing. This also makes impossible the automatic process of social forgiveness of sin.
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