Glossary - SecureSearch

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.