Your Key to Property Protection

Glossary

  • Acquitted-Non-Conviction

    The charges against the defendant are dropped.

  • Adjudicated Guilty – Conviction

    The defendant has been found guilty of the charges.

  • Adjudication

    The ability to automate a judgment based on background screening outcome. This judgment often results in “meets requirements” or “does not meet requirements” outcome. Once adjudication takes place automatic distribution and/or adverse action can occur.

  • Adjudication Withheld – Non-conviction

    The court does not give a final judgment regarding the case. The defendant is given probation, a program or community service for which they have a specified amount of time to complete. If the defendant complies, the case may be dismissed, depending on the county/state. If they do not dismiss in that particular county / state, then the disposition remains adjudication withheld and the case is closed. However, if the defendant is found in violation, the case disposition may be changed and the defendant can be found guilty.

  • ARD Program – Non-conviction

    Mostly found in the state of Pennsylvania, this 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.

  • Bail / Bond Forfeiture – Non-conviction

    The charges against the defendant are dropped. Not enough evidence to convict.

  • Ban the Box

    Refers to the box to be checked on a job application asking if an applicant has a criminal record. Depending on legislation, which varies by jurisdiction, employers may need to remove questions about criminal history from the initial job application, and postpone such questions until later in the hiring process.

  • Conditional Discharge – Non-conviction

    The defendant has no finding of guilt. The court is discharging him/her from trial on special conditions that they must follow. If they do not abide by these conditions, the discharge may be revoked and the finding may become guilty.

  • Consent Decree – Conviction

    This is found in New Mexico. It is designed as a disposition for juvenile cases in which the defendant pleads guilty and is placed on the decree / probation for six months

  • Consumer Reporting Agency (CRA)

    A bureau that gathers and provides information about individuals – such as if they pay their bills on time or have filed bankruptcy – to creditors, employers, and landlords. Companies that perform pre-employment screening services are also considered CRA’s and are governed by the FCRA, as are the employers that use background screening services.

  • Convicted – Conviction

    The defendant is found guilty of the charges.

  • Dead Docket – Non-conviction

    Often seen in Fulton, Georgia, there is not enough evidence that shows the defendant is guilty or that he is innocent. The case is set aside. If not brought back up, case is closed.

  • Deferred Adjudication/Judgment – Non-conviction

    The defendant has no finding of guilt. The judgment is set-aside for a deferred amount of time and the defendant must comply with any conditions given to him / her. The case can be dismissed depending on the county / state if the defendant completes all requirements.

  • Dismissed-Non-Conviction

    The charges against the defendant are dropped. Not enough evidence to convict.

  • Disparate Impact

    Employment practices may be considered discriminatory and illegal if they have a disproportionate “adverse impact” on members of a protected class under Title VII of the Civil Rights Act of 1964.

  • Disparate Treatment

    Disparate Treatment happens when an individual of a protected class is intentionally singled out and treated less favorable than others similarly situated on the basis of an impermissible criterion under the Title VII of the Civil Rights Act of 1964.

  • Equal Employment Opportunity Commission (EEOC)

    The federal agency responsible for administration of several statutes that prohibit discrimination; has power to subpoena witnesses, issue guidelines that have the force of law, render decisions, provide technical assistance to employers, and provide legal assistance to complainants.

  • Fair Credit Reporting Act (FCRA)

    The FCRA is designed to protect individuals, by promoting accuracy, fairness, and privacy of information in the files of every Consumer Reporting Agency (CRA). Companies that perform pre-employment screening services are governed by the FCRA, as are the employers that use background screening services.

  • Fugitive File – The case has not been to trial

    Found in Virginia. The case has not been to trial at this time. A warrant, summons or paper from the district attorney’s office was issued for delivery to the defendant to appear for trial; however, the defendant could not be located. Therefore, the case is technically pending; however, the paperwork was never served.

  • Guilty in Absentia – Conviction

    The jury has found the defendant guilty without them having appeared in court.

  • Guilty-Conviction

    It has been proven that the defendant committed the crime.

  • Habeas corpus

    Latin, meaning “you have the body.” A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to jusify the prisoner’s continued confinement.  Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

  • Ignored – Non-conviction

    The case never went to trial. It was ignored by the state.

  • Judgement

    The official decision of a court finally resolving the dispute between the parties to the lawsuit.

  • Jurisdiction

    the legal authority of a court to hear and decide a certain type of case.  It also is used as a synonym for venue, meaning the geographic area over w hich the court has territorial jurisdiction to decide cases.

  • Jurisprudence

    The study of law and the structure of the legal system.

  • Juvenile

    A person under the age of 18, also referred to as a youth or minor.

  • Knowingly and willfully

    In reference to a statue, means consciously and intentionally.

  • Lawsuit

    A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff

  • Lien

    A charge on specific property that is designed to secure payment of a debt or performance of an obligation.  A debtor may still be responsible for a lien after a discharge.

  • Liquidated claim

    A creditor’s claim for a fixed amount of money.

  • Litigation

    A case, controversy, or lawsuit.  Participants (plaintiffs and defendants) in lawsuits are called litigants.

  • Minor

    A person under the age of 18, also referred to as a juvenile or youth

  • Misdemeanor Intervention Program – Non-conviction

    A program designated only for misdemeanor offenses in which the defendant may comply to the conditions of the program in order to avoid conviction.

  • No Action-Non-Conviction

    The court dropped the case and did not continue with the charges.

  • No Billed-Non-Conviction

    The district attorney never sent the case to court and it was not tried.

  • No Information Filed-Non-Conviction

    Mostly found in Florida. It means the case has been dropped.

  • No Papered – Non-conviction

    The paperwork was never sent to the court by the District Attorney and the case was never filed. Therefore, it was never brought to trial.

  • Nolle Prosequi

    Prosecutor has declared that he will not prosecute the case at this time.

  • Nolle Prosse – Non-conviction

    Latin for “Not Prosecuted.” This means there was not enough evidence to convict the defendant. The case is dropped.

  • Nolo Contendre – Conviction

    Latin for “No Contest.” The defendant has pled no contest to the charges against him or her, therefore the court finds the defendant guilty.

  • Non-Adjudication of Guilt – Non-conviction

    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 amount of time to complete. If the defendant complies, the case may be dismissed, depending on the county/state. If they do not dismiss in that particular county / state, then the disposition remains adjudication withheld and the case is closed. However, if the defendant is found in violation, the case disposition may be changed and the defendant can be found guilty.

  • Not Guilty-Non-Conviction

    A jury or judge trial finding that the defendant is innocent.

  • Other – 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 occurs, case is closed.

  • Pending

    The case has not been to trial at this time so there is no disposition to report.

  • Pled Guilty-Conviction

    The defendant has pled guilty to the charges against him or her and the court accepts the plea as a conviction.

  • Prayer for Judgment – Non-conviction

    Often seen in North Carolina, it falls under deferred prosecution, meaning the state did not prosecute. For example, with worthless checks it gives the defendant a chance to pay the check before being charged.

  • Pre-Trial Intervention/Diversion – Non-conviction

    A program the defendant is placed in before going to trial. If the defendant complies prior to trial time, the trial will not be held for the charge and the defendant is not convicted.

  • Process Other – Non-conviction

    Defendant was not charged on this count due to being charged for another count.

  • Refused – Non-conviction

    The case never went to trial. The state refused to hear the case.

  • Rejected – Non-conviction

    The case never went to trial. The state rejected the hearing of the case.

  • Responsible – Non-conviction

    The 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.

  • Returned Un-Served:

    Found in North Carolina. The case has not been to trial at this time. A warrant, summons or paper from the district attorney’s office was issued for delivery to the defendant to appear for trial; however, the defendant could not be located. Therefore, the case is technically pending; however, the paperwork was never served.

  • Stet Docket – Non-conviction

    Will not prosecute at this time. Eligible to be re-opened for one year if a violation is committed during that time. After the one-year period and no violations have been committed, it cannot be re-opened and the case is closed.

  • Stricken Off Leave – Non-conviction

    Often seen in Illinois, the case has been stricken off docket with the ability to reinstate at a later date if deemed that the case can be prosecuted. This is often because the prosecutors run out of time to prosecute.

  • Tactical Officer

    A police officer who works in plain clothes and concentrates on vice and narcotics arrests.

  • Temporary Injunction

    Usually used to prevent threatened injury, maintain the status quo, or preserve the subject matter of the litigation during trial.

  • Temporary Relief

    Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

  • Temporary Restraining Order (TRO)

    An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

  • Third Party Complaint

    A petition filed by a defendant against a third party which alleges that the third party is liable for all or part of the damages plaintiff may win from the defendant.

  • Tort

    A wrong; a private or civil wrong or injury resulting from a breach of a legal duty that exists by virtue of society’s expectations regarding interpersonal conduct, rather than by contract or other private relationship.

  • Transfer Cases

    Cases going from one court or one jurisdiction to another.

  • Transmittal Form

    Form required in certain courts for transmitting documents for filing.

  • Trial

    A judicial examination of issues between parties to an action. In a criminal case, the action would be between the state and the defendant.

  • U.S. trustee

    An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors’ committees; monitoring fee applications; and performing other statutory duties.

  • Uniform Reciprocal Enforcement of Support Act

    Law that allows an order of child support issued in one state to be enforced in another state.

  • Unlawful detainer action

    A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent.

  • Unsecured

    In bankruptcy proceedings, for the purpose of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

  • Wage execution

    Also known as garnishment.  A court order to withold money from the defendant to be aplied to a debt owed to the plaintiff or victim.

  • Waived – Conviction

    Mainly found in the state of 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.

  • Warrant

    Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search.  An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

  • Withhold adjudication

    The judge withholds a judgment of guilt

  • Writ

    A judicial order directing  a person to do something.

  • Writ of Execution

    A routine court order by which the court attempts to enforce the judgment that has been granted a plaintiff by authorizing a sheriff to levy on the property belonging to the judgment debtor, which is located within the county.

  • Youth

    A person under the age of 18, also referred to  as a juvenile or minor.

  • Zealous witness

    A witness who demonstrates disproportionate enthusiasm while testifying.