Background Investigations, Public Records, and Information Sources
Domain 6: Background Investigations, Public Records, and Information Sources
This domain tests lawful information gathering: court records, property records, corporate filings, FOIA requests, motor vehicle records, and consumer-report limits. The key distinction is between a public record and a record whose use is restricted by federal or state law.
Core rules
- Court records: civil, criminal, probate, and bankruptcy dockets are generally available at the courthouse or through the court's public access system. Verify identity with full name and date of birth; common names produce false matches.
- FOIA: Michigan's Freedom of Information Act, MCL 15.231 et seq., allows requests to public bodies. It does not require the agency to create a record, and exemptions apply.
- Motor vehicle records: the federal Driver Privacy Protection Act, 18 U.S.C. 2721, and Michigan law restrict personal information from motor vehicle records to permissible purposes such as litigation, insurance, and licensed investigation. Do not use DMV data for personal curiosity or marketing.
- Consumer reports: if you compile information on a consumer for employment, credit, or tenant screening, the Fair Credit Reporting Act may apply. An investigative consumer report triggers disclosure and authorization duties. Do not promise an employer a "free" background check that ignores FCRA.
- Public sources: assess source reliability, date, and jurisdiction. A record from another state may not reflect Michigan dispositions.
Worked example
A client wants a pre-employment check. You verify identity, search Michigan and relevant out-of-state court indexes, confirm the employer's FCRA compliance, and avoid pulling a full credit report without a permissible purpose. You report only confirmed records and note that a name-only match was excluded.
Traps
Treating a database hit as proof. Pulling motor vehicle records for a client's personal dispute. Ignoring FCRA when the client is an employer. Assuming all court records are online.