Employment Background Investigations, Screening, & Drug testing - EBI


EBI linkedin EBI rss EBI facebook EBI twitter
myEBI |  PSC locator  |  contact  |  home  |  fact act notice  |  site map  
Employee Background Check ServicesAbout Employment Background Investigation, Inc.Why Choose EBICheck Employee BackgroundsEBI News RoomEmployment Background Check Resources
Home > Background Screening > Resources > Standard Industry Terminology II

Standard Background Screening Terminology

Criminal Records Terminology and Definitions

I.              General Criminal Terminology

Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator.

Postponement of a court session until another time or place.

The judicial decision that ends a criminal proceeding by a judgment, acquittal, conviction, or dismissal of the case.

An individual who is of 18 years old or greater.

A voluntarily, written statement of fact, confirmed by oath.

An unpremeditated brawl or disturbance.

Circumstances surrounding the commission of a crime or tort which increase or add to its injurious consequences.

An attack by one person upon another for the purpose of inflicting severe injury.  This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or injury.  

The acronym for "Also Known As."

A pre-trial program for first time offenders charged with driving a motor vehicle under the influence of alcohol.

False name used in substitution of a legal name on official documents and for official purposes.

Any individual who is not a U.S. citizen or national.

Money a court requires one spouse to pay the other spouse for support before and/or after the divorce is granted.

The correction of an error in any process, pleading or proceeding.

To make void.

Laws that protect trade and commerce from unlawful practice.

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.

To take something from another for one's own use or benefit.

A neutral third party is utilized to resolve a dispute between two parties.  

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.

ARD is an acronym for Accelerated Rehabilitative Disposition.  In essence, ARD is a one-time alternative to a trial, conviction, and possible mandatory jail sentence for the offense of Driving Under the Influence of Alcohol or Controlled Substance.  

The beginning phase of prosecution when the defendant is brought before the court to hear the charges and enter a plea.

Unpaid or past due debt.

When a person is taken into custody by a police officer and charged with a crime.

An official form completed by the police department when a person is arrested.

The amount of money set by a judge at an initial appearance to ensure the return of the accused at subsequent proceedings.

When the court keeps the bail deposit because the defendant did not go to court when they were supposed to.

Trial by judge without jury.

A certificate of obligation, unsecured or secured with collateral, to pay a specified amount of money within a specified period of time.

A violation or infraction of a law or obligation.

Any type of object designed to assist an individual with committing a burglary.

Case or crime for which the death penalty may be imposed.

One or more related charges, combined and made against a defendant for wrongs committed.

The acronym for Controlled Dangerous Substance.

An allegation that an individual has committed a specific offense.

A parent's legal obligation to contribute to the maintenance of a child as result of custody or divorce action.

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 whose jurisdiction extends over several counties or districts.

Courts that try persons accused of violating municipal civil or criminal ordinances.

A private party or corporation files the lawsuit against another party or corporation.  The defendant in civil litigation is never incarcerated or executed and only reimburses the plaintiff for losses.

One of a group of two or more people charged in the same crime.

Law generally based upon court decisions or long standing practices, as opposed to law created by acts of legislatures.

Formal charge accusing a person of an offense.

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.

An act committed which serves to obstruct the court in its administration or authority.

A delay or postponement of a court hearing.

A drug whose availability is restricted by law.

Guilty verdict in a criminal trial.

The court clerk offices which receive all court papers and assigns hearing dates.

A cause of action that may contain multiple counts or charges, each relating 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.

The court where the permanent record of all proceedings is held.

Trial by a judge without jury.

Offenses where the victim is present and the act is violent, threatening or has the potential of being physically harmful.

Offenses that involve taking something of value by theft or deception or the destruction of property.

An act that obstructs justice or attacks the integrity of the court.

The degree of blame or responsibility for a crime.

Money awarded to a person as compensation for loss or injury.

An object that is capable, though not designed to cause serious injury or death.

A new trial or one that is held for a second time, as if there had been no previous trial or decision.

A weapon designed to cause serious injury or death.

A person who has been formally charge with committing a specific crime.

Classifications assigned to a crime for purposes of determining punishment.  First degree is usually considered most serious than third, and 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).

The final settlement in the matter with a finding of guilt (conviction), innocence, or acquittal.

When a legal contract comes to an end.

Court having jurisdiction over a territorial district.

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.

A hold is placed with the Division of Motor Vehicles for all vehicles owned by the delinquent taxpayer and prevents the issuing of the State registration tags until all local taxes are paid.

A court's official record of proceedings and calendar of upcoming cases.

A reasonable and expected measure of attention taken for a particular action dependant on the situation.

Procedures followed by law enforcement and courts to insure the protection of an individual's rights as assigned by the Constitution.

A device placed on an offender to monitor their location and activities.

The process of legally dispossessing a person from land or rental property.

The process of legally dispossessing a person from land or rental property.

When a record of an offense is expunged, it is sealed or destroyed and will no longer appear on a released criminal history.  Records are usually expunged in juvenile cases or upon satisfactory completion of a court-ordered probation.

The surrender of an individual accused or convicted of a crime by one state to another.

The body of law dealing with marriage, divorce, adoption, child custody and support, child abuse and neglect, paternity or other domestic issues.

Describing an offense that is done with malicious, villainous criminal intent.

A serious offense carrying a penalty of incarceration from one year to life in a state prison, to the death penalty.

Upon fulfillment of the terms of probation or upon release from confinement, the defendant is discharged without court adjudication of guilt.  The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of their 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 without trying cases.  Grand juries listen to and review evidence to see if it there is sufficient grounds to bring an individual to trial.

A serious misdemeanor.

A proceeding where a prisoner challenged the lawfulness of their imprisonment.

Any crime involving bodily injury to any person in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity or disability of the victim.

A hung jury is one in which all jurors cannot reach a consensus required for a verdict.

A person who is not a citizen of the country they are in.

Prohibited or unlawful.

One who is incapable of reform.

A formal, written accusation made by the grand jury.

Violation of local ordinance or state statute usually resulting in a fine or limited period of incarceration.  The fines may usually be paid by mail without the person having to appear in court.  

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.

The final decision of the court regarding a claim or case.

The power of a court to question facts, apply law, make decisions and judgments.

The determination of a case by a jury.

A less serious offense is committed during the perpetration of a greater crime and the lesser crime contains some of the same elements of the greater crime.  The greater offense cannot be proven unless all of the elements of the lesser crime are proven.  

Public officials including judicial officers who have limited jurisdiction in criminal cases and civil causes.

A crime that is less serious than a felony for which the punishment is usually imprisonment for one year or less.

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.

A law or regulation of a city or local government.

A plea in which the defendant does not contest the charge.  This has the same effect as a guilty plea except the conviction cannot be used against the defendant in a civil suit.

A No Contest plea in a criminal case has the legal effect of pleading guilty.

A municipal regulation.

Minor crimes or penalties which are generally punishable by a small fine or short jail term.

The party who first initiates litigation.

The defendant's formal answer to a charge.

A plea of guilt to a lesser offense in return for a lighter sentence.

A criminal hearing to determine is there is sufficient evidence to prosecute the accused.

Consciously deliberated and planned.

Usually conducted by a probation officer after a plea or verdict of guilt.  Done before sentencing and includes information about the defendant's criminal history and personal background.

An extensive background check to help determine if charges will be pressed.

Reasonable suspicion that a person has committed a crime.

Attorneys who initiate and maintain a criminal action against the accused.

To return an individual to custody pending further trial or to return a case from an appellate to a lower court for further proceedings.

An alien who has temporary or permanent residence in a foreign country.

An order prohibiting a specified action until such time that a hearing on an application for an injunction can be held.

Racketeer Influenced and Corrupt Organizations Act.

The process of officially restricting a file from general public access and limited access to law enforcement.

When authorities suspect that a crime has been committed and seize any relevant evidence to the crime.

A judgment of punishment for a criminal act.

A mutual agreement between a husband and wife to live apart while remaining married.

Having a more severe penalty than other misdemeanors.

An individual who has a past conviction for an offense involving sexually deviant behavior or displayed sexually deviant behavior in the commission of any offense.

An order directing a party to appear in court to explain their actions or non-actions.

A law enacted by a legislative body that authorizes an administrative agency, such as the FCC, to adopt rules pursuant to the Statute.  Rules are more specific laws that arise from the Statute.

Postponement.

Minor crimes, usually motor vehicle code violations, that are initially heard and decided by a district justice.

A civil offense normally settled by awarding a party damages.

Destroyed or partially destroyed.  Unable to obtain any more information.

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.

An offense for which the only sentence authorized is a fine.

Action or inaction that disobeys a condition of probation.

To voluntarily submit one's legal right or advantage.

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 would result.

Court order authorizing a law enforcement official to arrest or perform search and seizure.

A warrant issued on the individual has been ruled invalid.

The unlawful sale, distribution, manufacture, alteration, transport, possession or use of a deadly or dangerous weapon.

A written court order, or a judicial process.

Classification of youths and young adults, generally older then juveniles.  In the 18 to 25 year age group, these individuals are sometimes given special sentencing consideration for the purpose of rehabilitation, sometimes through education and counseling.

A witness who is partial to one side and display bias through extreme readiness to volunteer information.

*The terms provided are general and should be used only as a guide for interpretation.  Some criminal court jurisdictions may interpret some of the terms contained herein differently.  This glossary should not be considered to be all-inclusive nor is it intended to constitute legal advice.  

<< Previous Page      Next Page >>

Bookmark and Share

EBI is an napbs accredited organization
discover the benefits of working with an accredited organization
 

Get Industry eNews
New Source Signup

 
  Contact Us


Contact us today to learn more about our services. 
>> Contact-Us Now!

 
  Get Started


Find out how EBI can solve your employment concerns.  
>> Get Started Today!

 
  Live Demo


Take a tour of our suite of services today. 
>> Sign-Up Now!

 
  Downloads


Product overviews, helpful documents, and more. 
>> Download Today!

 

Copyright© 2010 Employment Background Investigations, Inc. All rights reserved. Click here to view our privacy policy.

EBI is an NAPBS Accredited OrganizationEBI is an NAPBS Accredited OrganizationEBI is a member of DATIAEBI is a member of SAPAA