Glossary Term A Summary of Your Rights Under the Fair Credit Reporting Act Abduction Abet Abstraction Accessory Acquittal Active Warrant Adjourn Adjudicate Adjudication Adjudication Guilty Adjudication withheld Affidavit Affray Aggravated Aiding and Abetting Alias Antitrust Acts or Laws Definition A document summarizing the rights of consumers in relation to consumer reports (background checks). A COPY OF THIS DOCUMENT MUST BE GIVEN TO EVERYONE FOR WHOM YOU REQUEST A BACKGROUND CHECK. To obtain a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act" visit the Federal Trade Commission's web site. Taking away by violence or fraud and persuasion; kidnapping. Usually a female or wife, child or ward. See aiding and abetting. Taking away with intent to harm or deceive. Not the perpetrator of the crime but in some way involved without being present in the commission of the crime. A not-guilty verdict absolving an accused party of guilt. Release or absolution. Non conviction. This is not a conviction. This either means the defendant failed to appear in court or failed to pay a fine so a warrant has been placed for arrest. This is an open case. To delay or postpone until another specific or non-specific time. A final judicious settlement. The final determination in the strictest sense. The legal process of resolving a dispute. The formal giving or pronouncing a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. The equivalent of a “determination.” It contemplates that the claims of all the parties thereto have been considered and set at rest. A conviction; Defendant has been found guilty of the charges. The court does not give a final judgment regarding the case. The defendant is given probation, a program or community service in which they have a specified time to complete. If defendant complies, the case may be dismissed (depending on the county/state). If defendant is found in violation, the case disposition may be changed and the defendant can be found guilty. A final decree or judgment postponed for a very particular reason. A decision held in submission pending review or specific action. A voluntarily, written statement of fact, confirmed by oath. Brawl or disturbance. Not premeditated. (Assault, battery, arson, etc.) Circumstances surrounding the commission of a crime or tort which increase or add to its injurious consequences. To assist and/or incite another to commit a crime. False name used in substitution of a legal name on official documents and for official purposes. Nicknames are not considered aliases. May be noted as AKA (Also Known As) on criminal records. Laws to protect trade and commerce from unlawful practice. Appeal Appellant Applellate Court Appropriate Archive/Archives ARD Program Arraignment Arrest Arrest Record Arson Article 894 Assault Assault BI Attachment, Writ of: Bad Check Bail Battery Bench Trial Bench Warrant Bind Over Blackmail A complaint to a superior court to review the decision of a lower court. One who makes a complaint to a superior court to review the decision of a lower court. A court having jurisdiction of appeal and review. Not a trial. To take something from another for one's own use or benefit. The place where records are stored after a certain specified period of time. The period of time a record is held at a court of record may differ between courts and states. A Non-Conviction; ARD Stands for Accelerated Rehabilitative Disposition Program. This program is given to the defendant in place of adjudication. If the defendant completes the program, the case is closed. A call to the accused to come before the court to hear charges or enter a plea. The taking of an individual into custody by law enforcement personnel for the purpose of charging them with an illegal act. An official form completed by the police department when a person is arrested. Also, a cumulative record of all instances in which a person has been arrested. The attempted or intention destruction of property by fire or explosion. Subject pleads guilty so they can apply for a post conviction release after they serve sentence, probation, etc. Intentional or threatened infliction of injury to anther. The classification of "aggravated" is assigned when the injury is considered serious or when injury is threatened or carried out with the use of a deadly or dangerous weapon. The classification of "simple" is assigned when the injury inflicted or threatened is not serious and a deadly weapon is not used. May be used with battery. Assault to cause bodily injury. A writ instructing the sheriff to seize property and bring it into the custody of the court. A check, which is dishonored on presentation for payment because of no, or insufficient, funds or closed bank account. Writing or passing of bad checks is a misdemeanor in most states. An amount of money, set by a judge at an initial appearance to ensure the return of the accused at subsequent proceedings. Non-consensual, unlawful contact, such as touching, beating or wounding of another. See Assault Trial by judge, without jury. Process issued by the court itself, or “from the bench,” for the attachment or arrest of a person; either in case of contempt, or where an indictment has been found, or to bring in a witness who fails to obey a subpoena. To put under bond to appear in court. The term is also used when a case is shifted from a lower court to a higher court. An illegal demand for money or property under threat of harm or exposure of undesirable acts. Bodily Attachment, Writ: Bogus Check Bond Bond Forfeiture Bookmaking Burglary Capias Capital Case/Crime Capital Punishment Carnal Cause of Action Charge Circuit Circuit Courts Citation City Court Civil Action Civil Disorder Co-defendant Coercion Compounding Crime Concurrent Sentences Conditional Discharge A writ commanding the sheriff to bring before the court a person guilty of contempt of court. A check given by a person upon a bank in which he has no funds and which he has no reason to suppose the check will be honored. A bail bond required ensuring the appearance of a defendant in a criminal case. A failure to perform the condition upon which obligor was to be excused from the penalty in the bond. With respect to a bail bond, occurs when the accused fails to appear for trial. An operation with the purpose of placing, registering, paying off or collecting debts for bets. The act of entering a premises, without the privilege to enter, with the purpose of committing a crime. States may classify as first, second, or third degree burglary. The Latin meaning is "That You Take". This is the name for several types of writs which require that a law enforcement official take a named defendant into custody. Case or crime for which the death penalty may be imposed. Punishment by death for capital crime. Sexual, sensual. Carnal knowledge is sexual intercourse. One or more related charges, combined and made against a defendant for wrongs committed. In criminal law, a charge is an allegation that an individual has committed a specific offense. Judicial division of the United States or of an individual state. Courts whose jurisdiction extends over several counties or districts. (There are thirteen judicial circuits wherein the U.S. Courts of appeals reside). An order issued by a law enforcement officer requiring appearance in court to answer a charge. Bail is not accepted in lieu of appearance. Courts that try persons accused of violation municipal ordinances. City courts may have jurisdiction over minor civil or criminal cases or both. In general, all types of actions other than criminal action. A violent public disturbance by three or more people which causes danger, damage or injury to property or persons. One of a group of two or more people charged in the same crime. The use of physical force or threats to compel someone to commit an act against their will. Cold check in KY, they don't call it hot checks. The receipt by an individual of consideration in exchange for an agreement not to prosecute or inform on someone who they know has committed a crime. Two or more terms of imprisonment served simultaneously. A conviction. Court issues the discharge from the jail and requires defendant to comply with some conditions. Regardless whether defendant complies with rules or not, he/she is still convicted (Guilty) and case can never be expunged. Conditional Discharge Conditional Release Consecutive Sentences Consent Agreement Consent Degree Conspiracy Consumer Reporting Agency Contempt of Court Contraband Controlled Substance Conversion Conviction Count/Charge Court of Limited Jurisdiction Court of Record Credit Card Fraud Crime Against Nature Criminal Action Criminal Contempt Criminal Miscellaneous Criminal Nonsupport Criminal Trovers Culpability A Non-conviction; Defendant has no finding of guilt. The court is discharging him/her from trial on special conditions that they must abide by. If they do not abide by these conditions, the discharge may be revoked and the finding may become guilty. The release from a correctional facility before full sentence has been served which is conditioned as specific behavior. If conditions are not met, the individual may be returned to the facility. Multiple sentences, served one after the other. Requirement to be met before going to court; would not be considered a conviction. A Conviction; This is found in New Mexico. It is designed as a disposition for juvenile cases in which the defendant pleas guilty and is placed on decree/probation for 6 months. The coming together of two or more people for the purpose of committing an unlawful act or to commit a lawful act by unlawful means. As defined under the "Fair Credit Reporting Act," the term "consumer reporting agency" means any entity that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information about consumers for the purpose of furnishing consumer reports to third parties, and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. An act committed which serves to obstruct the court in its administration or authority. Any property which is unlawful to produce or possess. A drug whose availability is restricted by law. The unauthorized taking of another's property. Guilty verdict in a criminal trial. The defendant has been found guilty of the charges. An offense named in a cause of action. A cause of action may contain multiple counts or charges, each related to the others but identifying a separate offense. Court that has authority to adjudicate cases of a certain kind or up to a limited amount, usually lesser offenses. (Opposite of Court of General Jurisdiction) The court where the permanent record of all proceedings is held. Use, or attempted use of a credit card to purchase goods or services with the intent to avoid payment of such. Deviant sexual intercourse. A proceeding in court where a person charged with a crime may be fined and/or imprisoned and/or put to death. Violation of a court order. Vandalism. Failure to pay child support in violation of court order. Having to do with stolen cars. Blame or degree of responsibility for a crime. This may be in degrees of purposeful, knowingly, recklessly or by negligence. Cumulative Sentence A sentence that takes effect after a prior sentence is completed for crimes tried under the same cause of action. D6 License suspended Dangerous Drugs Possession/Delivery of Controlled Substance. Dangerous Weapon Something that is capable, though not designed to cause serious injury or death. De Novo Latin for "anew or "afresh". Usually used as Trial De Novo. New trial, or one that is held for a second time, as if there had been no previous trial or decision. Dead Docket A non-conviction; Often seen in Fulton, GA. 1. Not enough evidence that shows the defendant is guilty or that he is innocent. Case is set aside and if not brought back up, case is closed. 2. The case never went to trial. The case can be reopened if new evidence is submitted. Deadly Weapon A weapon designed to cause serious injury or death. Declined DA declined to prosecute. Not enough evidence to take to the grand jury. Default Judgment Judgment entered against a party who has failed to defend against a claim that has been brought by another party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, he is a default and a judgment by default may be entered either by the clerk or the court. Defendant A person against whom a cause of action is taken. Defer Delay; put off; remand; postpone to a future time. Deferred Adjudication To delay, put off, or postpone (as to withhold). Neither has the meaning of abolishing, dismissing or discharging an action. Deferred Discharge Dismissed and considered a non-conviction. Deferred Judgment A Non-Conviction; The defendant has no finding of guilty. The judgment is set aside for a deferred amount of time and the defendant must comply with any conditions given to him. The case can be dismissed depending on the county/state if defendant completes all requirements. Deferred Probation The judge doesn't make a finding of guilt; he assigns probation. If probation is completed without incident, the charges are usually dropped. Deferred Sentence A sentence, the pronouncement of which has been postponed. It does not operate as a suspension of sentence. Deferred Sentence Postponement of pronouncement of the sentence. Defraud Knowingly misrepresenting fact to cheat or trick. Degree (First, Second, or Classification assigned to a crime, depending on circumstances, for Third, A, B or C) purposes of determining punishment. First degree is considered most serious than third; A is more serious than C. Degrees may be assigned to the actual crime (IE: murder in the first or second degree) or the class of crimes (IE: felony or misdemeanor). Directed Verdict A determination by a jury, made at the direction of the judge. A directed verdict happens in cases where there has been a lack of evidence, an overwhelming amount of evidence, or where the law is in favor of one of the parties. Disclosure Regarding Please see "A Summary of Your Rights Under the Fair Credit Procurement of a Reporting Act." Consumer Report Dismissal Finally disposing of the cause without further consideration. May be voluntary or involuntary. When involuntary, there is usually lack of prosecution or failure to produce sufficient evidence. Dismissal Without Leave Prosecution charges dismissed after specified time (90 days to 1 After Deferred year) provided certain conditions have been met such as participating in specified program of anger control or drug counseling or providing community service, etc. Disposed/Disposition The final settlement in the matter. Examples of disposed cases are those with a finding of guilt (conviction), innocence or acquittal. Diversion Altering the natural course of an action, i.e., a remanding of an adult case to juvenile authorities, remanding a juvenile case to adult authorities or diverting the case to other authority for professional evaluation. Diversion Program To set aside. A court direction which calls a defendant, who has been found guilty, to attend a work or educational program as part of probation. May include some type of anger management, drug rehab, etc. If the condition of program is met, charge may be considered non-conviction. Diversity of Citizenship A crime or claim which extends between citizens of different states. This is one of the grounds that can be used to invoke the jurisdiction of the U.S Federal District Court. Division of Family Services The Missouri Division of Family Services (DFS) maintains a database (DFS) Check listing individuals with a history of child abuse and neglect. Categories of abuse are: Medical Neglect, Physical Abuse, Emotional Maltreatment, Educational Neglect and Sexual Maltreatment. Severity levels are: Mild, Moderate, Serious/Severe, Permanent Damage, Fatal and Unknown. Types of conclusions are: Reason to Suspect, Probable Cause and Court Adjudicated. Docket Record A court's official record of proceedings and calendar of upcoming cases. Docket Sounding Hearing to see if case is ready to go to trial. Driving While Intoxicated Operating a motor vehicle while under the influence of alcohol or drugs. Complete intoxication is not required. Individual state statues specify the blood alcohol content at which a person is presumed to be under the influence of intoxicating liquor. Dropped A non-conviction; Not enough evidence to convict the defendant. Due Diligence A reasonable and expected measure of attention taken for a particular action. Not measurable by an absolute standard, but dependent on the situation. Due Process of Law Procedures followed by law enforcement and courts to insure the protection of an individual's rights as assigned by the Constitution. Embezzlement The taking of another's money or property by one entrusted with its possession, usually through employment. Employee Disqualification A database maintained by the Missouri Department of Health and List (EDL) Senior Services listing names of individuals that have a history of elder abuse and neglect. Esc Employment services Ex Parte On one side only. When an act is one for one party only. For example, in an Ex parte proceeding, only one party to the case is heard. Expunge/Expunged When a record of an offense is expunged it will not appear on a released criminal history. The record may be destroyed or sealed after a certain period of time. Records may be expunged in juvenile cases, or upon satisfactory completion of a court-ordered probation and/or class(s). (Note: In California, record information is available, but will reference "Dismissed per PC 1203.4 which refers to an expungement.) Extortion Obtaining another's property by actual or threatened force, fear or violence. Extradition The surrender of an individual accused or convicted of a crime by one state to another. Failure to Appear (FTA) Failure of a party to a hearing to appear in court. Failure to obey an order or subpoena. Failure to Provide (FTP) The non-response of a parent to provide to a minor or for an adult offspring to provide income, support, housing to an indigent parent. Fair Credit Reporting Act A law protecting consumers from inaccurate reporting by consumer (FCRA) reporting agencies. In the FCRA there are explicit procedures that must be followed by consumer reporting agencies, users of consumer reports as well as how a consumer can dispute information collected by a consumer reporting agency. The full text of the FCRA is available online www.ftc.gov/os/statutes/fcra.htm Family Care Safety Established with the passage of House Bill 490 and further enhanced Registry (FCSR) by Senate Bill 48, the Family Care Safety Registry helps ensure that the backgrounds of persons caring for children, the elderly, and the physically or mentally disabled easily can be screened. The FCSR was established to provide families and other employers with a singlesource of obtaining obtain information from various state agencies from a single source. Federal Trade Commission The Federal Trade Commission is a government agency that enforces (FTC) several Federal antitrust and consumer protection laws. One of the laws that the FTC enforces is the Consumer Reporting Reform Act of 1996 also known as the Fair Credit Reporting Act. Felonious Describing an offense which is done with malicious, villainous criminal intent. IE: felonious assault. Felony A serious offense carrying a penalty of incarceration from one year to life in a state prison, to the death penalty. Felony Conversion (Fraudulent Conversion) Similar to embezzlement or theft. An example of felony conversion is if someone sold goods for a company, and kept the money instead of turning it in the company. (North Carolina) First Offenders Se Georgia 1st Offender Act. Fixed Assets. Charges. Expenses. Fee. Mutually agreed upon or set by proper authority that refers to each of the fixed indicators. Forcible Entry Entering or taking possession of property with force, threats or menacing conduct. Forfeited Defendant just pays fine-not necessarily guilt-but they pay clerk rather than go before judge. Fortuitous Occurring by chance or by accident or with known cause. Fraud Fugitive File General Services Administration (GSA) Check Georgia 1st Offender Act Grand Jury Grand Larceny Gross Gross Misdemeanor Guilty Guilty in Absentia Habeas Corpus Habitual Violator Hijacking Homicide Hung Jury Ignored Illicit Incendiary Incorrigible Indictment Infraction A broad term used to cover all kinds of acts. Generally, fraud is the commission of an act with the goal to benefit or gain advantage at another's expense.. A purposeful misrepresentation with the intent to deceive. The case has not been to trial. The same as Returned Unserved. Often found in Virginia. Database listing entities and individuals excluded from participating in federal procurement programs. O.C.G.A $42-8-62 (In Part).. Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties and the defendant shall not be considered to have a criminal conviction. A body of persons with the authority to investigate and accuse, but not to try cases. The grand jury will listen to and review evidence to see if there are sufficient grounds to bring an individual to trial. The theft of property over a specified value. Dollar amounts vary by state. Flagrant, out of measure. Serious misdemeanor. Final disposition. Having committed a crime. The jury has found the defendant guilty without his having appeared in court. A writ requesting a trial or the release of a prisoner. To have committed the same offense three times. Can also be charged as a habitual offender. To take control of a vehicle by intimidation, force or threatened force. Also, the theft of goods while in transit, as when transported in trucks. The killing of another human being. "Justifiable homicide" occurs in cases such as during the enforcement of law, and/or occurs without evil intent. "Excusable homicide" may occur by accident or in selfdefense. "Felonious homicide" is the killing of another without justification. This type has two degrees of manslaughter and murder, depending on circumstances or intent. See Manslaughter; Murder. A hung jury is one in which all jurors cannot reach a consensus required for a verdict. A Non-conviction; The case never went to trial. It was ignored by the state. Prohibited or unlawful. One who intentionally set fires. Arsonist. One who is incapable of reform. A formal, written accusation made by the grand jury. 1. Violation of local ordinance or state statue usually resulting in a fine or limited period of incarceration. Term usually used in traffic offenses. 2. Violation of any law, ordinance, order, rule or regulation that is not a Misdemeanor, Felony, or Traffic Offense. Injunction Intent Intoxicate, Intoxication Involuntary Dismissal Judgment Jurisdiction KDHE Kidnapping Larceny Legal Malice Letter of Release Lewd and Lascivious Libel Lis Pendens Magistrate Mail Fraud Malice Aforethought Manslaughter Mayhem Migrated Sentence, Migrated Case A court order which prohibits a person from doing a specified act for a specified period of time. The frame of mind or attitude of the person at the time an act was committed. See Culpability. Reduction of physical or mental capabilities caused by the ingestion of an intoxicating substances such as alcohol or drugs. Dismissed due to lack of prosecution or lack of evidence. The final decision of the court regarding a claim or case. Judgment as a disposition means Guilty in NC. The power of a court to question facts, apply law, make decisions and judgments. Kansas Department of Health and Environment (“KDHE”) This is a state Kansas state agency that’s primary focus is to maintain the states integrity in relation to the laws it has implemented for the healthcare industry. For example: all nursing homes must submit each applicant for hire to run several verification and criminal history searches prior to gainful employment. TeamScreen Solutions has made arrangements to accommodate this criteria and TeamScreen has a search type entitled KDHE, due to familiarity of the requirement. Taking and Carrying away a person by force, fraud, threats or intimidation. Unlawfully confining a person for a substantial period of time in an isolated place. The unlawful taking of another person's property. Larceny is commonly classified as "petty" or "grand" depending on the value of the property. Dollar values to establish classifications of "petty" and "grand" may vary from state to state. Theft. An act, committed without just cause or excuse, intended to inflict harm or cause death. DA did not pursue; Not prosecuted. Obscene, indecent. Defamation of another person through print, pictures, or signs. A pending suit; notice of pending action. Public officials, including judicial officers who have limited jurisdiction in criminal cases and civil causes. The use of the mail system to commit a fraud. Planning to commit an unlawful act without just cause or excuse. The unpremeditated killing of a person. Can be voluntary or involuntary, determined by circumstances. The feature distinguishing involuntary manslaughter from voluntary is the absence of intent to cause death or commit an act that might be expected to produce death or harm. Voluntary manslaughter is homicide that is committed during an act in the heat of passion. The intentional infliction of injury on another which causes amputation, disfigurement or impairs the function of any part of the body. Transferred from old system to new. Misprision Mistrial Murder Negligence Negotiated Plea No Action No Bill No Contest Clause No Information Filed No Like No Papered No Probable Cause Nolle Prosequi Nolli Illigitimi Carborundum Nolo Contendere Not Guilty Nunc Pro Tune Concealment of a treason or felony and failure to report to prosecuting authorities or a neglectful or wrongful performance of an official duty or clerical error in a legal preceding that can be convicted in a summary proceeding. A trial which is terminated or declared invalid. Reasons for mistrial include misconduct on the part of the jury, defense team or the court or illness on the part of the judge, jury or defendant. may be followed by a retrial on the same charges. Unlawful Killing with malice aforethought. Murder is willful, deliberate and premeditated, or done during the commission of a crime. This classification of crime is generally divided by degrees, murder in the first degree and murder in the second degree, for the purpose of imposing penalties. Flagrant and reckless disregard of the safety of others. Willful indifference. See plea bargain. A non-conviction; Court dropped the case and did not continue with the charge. This phrase, endorsed by a grand jury on the indictment, is equivalent to “not found”, “no indictment”, or “not a true bill” It means that, in the opinion of the jury, evidence was insufficient to warrant the return of a formal charge.” Provision in a will to the effect that the legacy or devise is given on condition that no action is taken to contest the will; and if such action is initiated, the legacy or devise is forfeited. No charges brought; charges dropped. Often found in FL. In MN, if subject doesn't commit another similar crime, it's dismissed. Charges were not pursued. ( This is a legal term in Washington, D.C.) There was not sufficient reason to bring case to trial. A formal entry upon the record, by the plaintiff in a civil suit, or, more commonly, the prosecuting attorney in a criminal action, by which he declares that he “will no further prosecute” the case, either as to some of the defendants, or altogether. The voluntary withdrawal by the prosecuting attorney or present proceedings on a criminal charge. Commonly call “nol pros”.) Latin phrase loosely translated, "hang in there." Latin phrase meaning, “I will not contest it”; plea in a criminal case which has a similar legal effect as pleading guilty. Type of plea which may be entered with leave of the court to a criminal complaint or indictment by which the defendant does not admit or deny the charges, though a fine or sentence may be imposed pursuant to it. The principal difference that the latter may not be sued against the defendant in plea is particularly popular in antitrust actions where the likelihood of civil actions following in the wake of a successful antitrust prosecution is very great. A Non-conviction; a jury or judge trial finding that the defendant is innocent. Means "now for then" If an oversight presents a problem because court didn't do something at the right time, it is done to correct the Obtain Property Under False Pretense Office of the Inspector General (OIG) Check injustice. The misrepresentation of the value of something. Passing bad check. Database listing individuals or entities excluded from program payment because of Medicare or Medicaid fraud or abuse. Hospitals and other health care institutions carefully should follow the Office of Inspector General's Compliance Program Guidance because Medicare, Medicaid and other federal funding can be at risk. To learn more about the OIG, visit www.oig.hhs.gov/index.html. Order Tolling Time When subject is arrested again, the probation time will be reinstated. Other A Non-conviction. Defendant is given special provisions for one year to abide by since this is a first offense. If no further violation of the same nature, case is closed. Pander To provide products or services which cater to the sexual gratification of others. To entice another into prostitution. Parole To release from confinement after serving part of a sentence, usually with terms and conditions provided in the parole order. Parole Violation An act that does not conform to the terms of parole. Peace Bond Type of surety bond required by a judge or magistrate of one who has threatened to breach the peace or has a history of such misconduct. Pending The case has not been to trial at this time. This is no disposition to report. Perjury Intentionally making a false statement under oath. Plea The defendant's formal answer to a charge. Plea Bargain A plea of guilt to a lesser offense in return for a lighter sentence. Pled Guilty A conviction; The defendant has pled guilty to the charges against him/her and the court accepts the pleas as a conviction. Prayer for Judgment, 1st A Non-conviction; Asking the court to give leniency. No finding of Offense guilt by the court. Pretrial Contendere A similar legal effect as pleading guilty. The defendant does not to admit or deny the charges. The defendant may be fined or sentenced. This pleading may not be used against the defendant in a civil action. Pretrial Intervention After a preliminary hearing, a re-direction of the case to, for example, Youth Services, Childcare, Family Counseling, Probation Offices, etc., as an attempt to avoid continued or additional criminal behavior. Probation Relief of all or part of a sentence on the promise of proper conduct. Probation 710-1410 In Illinois, 710 & 1410 probation are sentences that do not carry any physical supervision from the court and [results in] convictions that can be expunged. Proceed to Court Not adjudicated, not convicted, not dismissed (similar to withheld) Process Other A Non-conviction; Defendant was not charged on this count due to being charged for another count. Professional License Check Verification of the validity of an individual's professional license which confirms the license is active, current and in good standing Prothonotary The chief clerk of any of the various courts of law. Quash/Quashed 1. Declined to prosecute but with the option to reopen the case. 2. Dismissed Racketeering An organize conspiracy for the purpose of committing crimes of extortion or coercion. Rape Penetration without consent. May be forcible or by intoxication, with a person who is underage and unable to give consent, or with a person with diminished mental and/or physical capabilities. Recharged (In SD) Usually means amended. Reckless Endangerment An act which does or could cause injury to anther, not necessarily with intent. Refused A non-conviction; 1. Charges were not accepted by the District Attorney's Office. 2. Case never went to trial-state refused to hear the case. Rejected A non-conviction; case never went to trial; the state rejected hearing the case. Remand To return an individual to custody pending further trial, or to return a case from an appellate to a lower court for further proceedings. Responsible A Non-conviction; Defendant is responsible for the payment of the fines or fees of the crime. They are not found in guilt, however, must pay what they are ordered. Often found on traffic tickets or minor violations. Restraining Order An order prohibiting a specified action until such time that a hearing on an application for an injunction can be held. Retired (as Disposition) The case can be brought up within the next year if the individual is arrested for anything. It is the judge's decision and only he can take action. If the individual remains "clean," Then the case can be dismissed. Retired for 60 days After 60 days the defendant can ask to have the case dismissed. Returned Unserved Found in North Carolina. The case has not been to trial at this time. A warrant, summons or paper from the DS's office was issued for delivery to the defendant to appear for trial, but defendant could not be located. Technically the case is still pending, but paperwork was never served. RICO Act Racketeer Influenced and Corrupt Organization Act. Secreting Lien Property Hiding property that has a lien filed against it. Sedition Advocating the overthrow or reform of a government by unlawful means. Sentence A judgment of punishment for a criminal act. Serious Misdemeanor Having a more severe penalty than other misdemeanors. Shock Probation Probation designed to make or provide a profound impression. Specifically to alter/eliminate future criminal behavior. Shock Probation Placed into rehab for the crime committed. The rehab illustrates what kind of harm they have placed on the victim by having the criminal listen to stories and videos of actual victims. Slander Defamation verbal communication. Making false and malicious statements about another. Solicitation Asking, urging or enticing. State Repository Criminal Many states have a central repository collecting criminal histories Background Check from all the counties in the state. When an inquiry is made to a state's central repository, the result will reflect information from all the counties in the state. The primary search criteria necessary to complete a statewide criminal background check vary from state to Status: Closed Statutory Rape Stet Docket Stet Processus Stricken Stricken of Leave (SOL) Substantive Law Supplemental 2 Suspended Execution of Sentence Suspended Imposition of Sentence Suspended Sentence THEFT - Embezzlement THEFT - Forgery THEFT - Larceny Theft by False Pretenses Theft Check 20 Theft Enhanced Theft of Services Theft, Unauthorized True Bill state. For example, in Missouri, the primary search criteria are first name, last name, date of birth and Social Security number. No further action will occur on this case; cannot be reopened at later date. Sexual activity by an adult with a person under the age of consent. A non-conviction; will not prosecute at this time. Eligible to be reopened for one year if a violation is committed during that time. After the one year period with no violations, it cannot be re-opened and the case is closed. An entry on the roll in the nature of a judgment of a direction that all further proceedings shall be stayed and it is one of the ways by which a suit may be terminated by an act of the party, as distinguished from a termination of it by judgment, which is the act of the court. It was used by the plaintiff when he wished to suspend the action without suffering a non-suit. To eliminate or expunge. Similar to a delayed dismissal but has the force and effect of a dismissal. The prosecuting attorney may re-file in an arbitrary refiling against the defendant. Compare: Nolle Prosequi. The part of the law that creates and defines rights and duties (not remedial or procedural law). Habitual offender Considered a conviction. A plea of guilty which enables a record to be expunged if terms of court are met. Deferment of punishment usually over a period of probation. The fraudulent conversion of the property of another by one in lawful possession of that property. The false making or the material altering of a document with the intent to defraud. Trespassory taking and carrying away of the property of another with the intent to permanently deprive. Obtaining the title of the property of another by intentional misrepresentation with intent to deprive owner of value of property without his consent and to appropriate it to own use, followed by such appropriation. Theft by check for less than $20. If the record is before 1994, it is theft of property less than $750. Enhanced: Has been convicted at least 2 times before the same crime. Considered 3rd Degree felony. If the record is after 1994, it is theft of property less than $1500. Enhanced: Has been convicted at least 2 times before for the same crime. Considered State Jail felony. Obtaining services without consent through deception, threat, tampering, etc. Theft by using someone else's information, credit card, check, or something similar. The endorsement made by a grand jury upon a bill of indictment, when they fine it sustained by the evidence laid before them, and are satisfied of the truth of the accusation. The endorsement made by a Truncated Files Under The Influence of Intoxicating Liquor or Drugs Unlawful Entry Usury Utter Uttering Vacate (Judgment) Vehicular Homicide Venue Verdict Voluntary Dismissal Waived Waiver by Magistrate Waiver of Jury Wanton Reckless, Malicious Warrant Weapons Offenses Wet (Reckless) grand jury when they find sufficient evidence to warrant a criminal charge. An indictment. Destroyed or partially destroyed. Unable to obtain any more information. Any condition where the nervous system, brain or muscles are impaired to an appreciable degree by an intoxicating substance. Entry without force and without permission by means of fraud or other wrongful act. Charging more interest than is permitted by law for a loan of money. To put or send (as a forged check) into circulation; to publish or put forth; to offer. To utter and publish an instrument, as a counterfeit not, is to declare or assert, directly or indirectly, by words or actions, that it is good; uttering it is a declaration that it is good, with an intent or offer to pass it. To utter, as used in a statute against forgery and counterfeiting, means to offer, whether accepted or not, a forged instrument, with the representation, by words or actions, that the same is genuine. Presenting an instrument as genuine that is in fact false with the intent to defraud. To make void; to cancel. Death of another caused by the intentional, unlawful or negligent operation of a motor vehicle. The geographic area where the case or claim occurred, within which a court with jurisdiction can hear and determine a case. A change of venue, or the moving of a case from one court to another may be granted for such reasons as when the court does not think the defendant can get a fair trial in that area or for the convenience of the parties in a civil case. The formal, final decision or finding made by a jury or judge. The court or district attorney dismisses the charges against an individual. A conviction; Mainly found in North Carolina. This means the defendant has waived his/her right to trial and has pled guilty to the charges. In turn the court accepts the plea of guilty. Charges are waived after the defendant agrees to pay a fine. The defendant is not prosecuted on this charge. The right to jury trial is waived and the judge makes the decision of guilt or innocence. Without regard for the rights of others, indifferent to consequences to health, life or the reputation of another. Usually done without intent, but an act so unreasonable the perpetrator should know that harm will result. Court order authorizing a law enforcement official to arrest or perform search and seizure. Not the same as a Bench Warrant, which is a "Failure to Appear." The unlawful sale, distribution, manufacture, alteration, transport, possession or use of a deadly or dangerous weapon. Driving with level of blood alcohol not high enough to be considered a DUI.
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