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  1. #1
    Join Date
    Jul 2010
    Location
    Orange county Ca
    Posts
    12

    Exclamation Probation Officers Running Unwarranted Background and Health Checks

    State : CALIFORNIA


    First, I am not a convict, nor have I ever been placed on parole or probation....ever! The only thing on my record is a few speeding tickets and a red light ticket.

    I had a FWB (friends with benefits) situation with a probation officer. It ended when she began to want more. We both agreed, after she realized I didn’t want to be in a relationship, to end it.

    We both met at a social group gathering.

    I come to find out that she ran a background check on my DL and criminal record including checking my health records. Apparently, she contracted an STD and went on a mission to find out if it was me (I am clean - thank god!) – Earlier that year, prior to me ever meeting her, she got a tattoo; this is where I think she contracted the STD.

    Since the relationship was only for sex, I never divulged to her having any children nor did I make known to her of my divorce status; in my opinion it was none of her business. This is how I know she ran my record as she saw the names of my children and proceeded to send me a text that stated "who is <boy name 1> and <boy name 2>" - I still have the text message and it is saved on my computer backup up from my blackberry.

    So the order of events is as follows
    1. She calls me to tell me about her STD and then goes on to ask about my children.

    I didn’t bother at first but her friend (also a probation officer) decided to take a personal vendetta against me and proceeded to tell all of our acquaintances of my omission of my children and stated that I was a married man. When I confronted “the friend” she told me that the county seat did not have a record of it. I just walked away knowing that she too ran unethical background checks on me.

    To explain further, I was divorced in another state prior to having my children and I have a good relationship with my ex-wife for our children. We attempted to mend our relationship which resulted in the birth of our children. Lastly, we still file jointly because it suits our needs paying Uncle Sam.



    My questions are

    1. What recourse do I have?
    2. Is it possible to get log files from the station or system she works out of?
    3. Are police, parole and probation officers allowed to conduct a search like this with out cause?

    Sorry for the winded post but I hope that I gave a clear picture here of what has occurred.

  2. #2
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Re: Probation Officers Running Unwarrented Background and Health Checks

    If all they did was run the same search of public records that anyone off the street could have done, then no. There's nothing you can do. Their actions were obnoxious (breakups are not known for bringing out the best in people) but they weren't illegal.

    If they accessed sealed records or confidential information using their status as probation officers to get access to information not available to the general public, then their actions were illegal. Probation officers have considerable leeway in obtaining information about their probationers— not about ex-boyfriends they want revenge on. In that case, you can file a complaint with her supervisor, file a police report (though I'm not sure exactly what laws she broke; it sounds like stalking, but I'm not a lawyer), or sue her or the state. A restraining order might also be advisable.

  3. #3

    Default Re: Probation Officers Running Unwarrented Background and Health Checks

    None of the information you've listed as being checked by her is private, nor would it be included in something like an NCIC check. DL information, marriage and divorce information, birth records, and much more is easily and readily available to anyone who knows who to ask for it, or via several hundred different companies who'll do the leg work for a fee.

    You can certainly file a complaint with her employer, but most law enforcement employers won't be upset that a law enforcement employee is checking up on people they date - so long as they aren't using closed systems to do so (NCIC being the big no-no, and if you've no arrest record, NCIC wouldn't HAVE a record on you). Many agencies would actually approve of such vigilance, since a HUGE portion of "problems" that lead to law enforcement personnel loosing their jobs comes from things that happen in contexts OTHER than at work.
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  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,364

    Default Re: Probation Officers Running Unwarrented Background and Health Checks

    Quote Quoting jerseyjohn
    View Post
    1. What recourse do I have?
    If you have proof she accessed state or local government computer records for no legitimate work-related purpose, call the police. If you do not know for sure, call her agency and ask to make a personnel complaint and they can look into the matter.

    2. Is it possible to get log files from the station or system she works out of?
    It is possible for authorized personnel to obtain that information, but you are not so authorized.

    3. Are police, parole and probation officers allowed to conduct a search like this with out cause?
    No they are not. Unless, as mentioned, the information was obtained via otherwise lawful searches on the internet. In other words, if the info was gathered in the same way that John Q. Public can lawfully gather the info, then it is usually going to be perfectly lawful.

    Since we do not have a database including medical records, if she DID get medical records she either got them from your provider (with their permission, I guess), or she obtained a court order. There is no state database that can be readily accessed by law enforcement that would contain any medical health information.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  5. #5
    Join Date
    Jul 2010
    Location
    Orange county Ca
    Posts
    12

    Default Re: Probation Officers Running Unwarrented Background and Health Checks

    Quote Quoting cdwjava
    View Post
    No they are not. Unless, as mentioned, the information was obtained via otherwise lawful searches on the internet.
    I believe my credit was run as well but i don't know how she could have obtained that with out my SS#. i am looking into this further and will take your advice by calling the station.


    Thank you for your comments; very much appreciated.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,364

    Default Re: Probation Officers Running Unwarrented Background and Health Checks

    Quote Quoting jerseyjohn
    View Post
    I believe my credit was run as well but i don't know how she could have obtained that with out my SS#. i am looking into this further and will take your advice by calling the station.


    Thank you for your comments; very much appreciated.
    Access to credit agencies is yet another outside source and would be a direct violation of federal law if not done with authorization or for some legitimate investigative purpose through the proper channels. But, if you do not KNOW it happened, all you can do is mention it to the employer so they can add that to the things to look at.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  7. #7
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Probation Officers Running Unwarrented Background and Health Checks

    In the medical field, there is something called HIPAA. Search or Google it. I do know that healthcare workers who breach the act are subject to fines and/or imprisonment.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,364

    Default Re: Probation Officers Running Unwarrented Background and Health Checks

    Quote Quoting frestrnar
    View Post
    In the medical field, there is something called HIPAA. Search or Google it. I do know that healthcare workers who breach the act are subject to fines and/or imprisonment.
    But the OP has no idea if anyone actually got his medical info - right now it is all guess work. And if the probation officer was truly nefarious, they likely obtained the info by citing some "legitimate" need that is an exception to HIPAA in CA (and there are several for law enforcement).

    Until it can be established that records were accessed, and how, there is no HIPAA allegation to be made to HHS.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  9. #9
    Join Date
    Jul 2010
    Location
    Orange county Ca
    Posts
    12

    Default Re: Probation Officers Running Unwarrented Background and Health Checks

    hi guys - my apologies for the long delay on this.

    i truly want to thank all of you for your advice.

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