Glossary

The defendant has been found guilty of the charges.

The process directly following a background check where the investigation results are reviewed to determine if a candidate, meets, or doesn't meet requirements for the job position for which they are applying. Results are compared against the following standards

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the

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.

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.

One who is not a citizen of the country in which he/she lives.

To make void; to dissolve that which once existed, as to annul a marriage. Annulment wipes out or invalidates the entire marriage, whereas a divorce only ends a marriage from that point on and does not affect the former validity of the marriage.

Laws to protect trade or commerce from unlawful practice.

A request to a higher court to review and reverse the decision of a lower court. On an appeal, no new evidence is introduced. The higher court is limited to considering whether the lower court erred on a question of law or gave a decision plainly contrary to the evidence presented in the trial. An appeal cannot be made until the lower court renders a final judgment.

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 court.

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

Submitting a controversy to an impartial person, the arbitrator, chosen by the two parties in the dispute to determine an equitable settlement. Where the parties agree to be bound by the determination of the arbitrator, the process is called Binding Arbitration.

An impartial person chosen by the parties to solve a dispute between them, who is empowered to make a final determination concerning the issue(s) in controversy, who is bound only by his/her own discretion, and from whose decision there is no appeal.

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.

For a criminal case; 1st offender program. If program is completed and fines/costs are paid, there is a possibility that the charge(s) might be dismissed.

Robbery aggravated by the fact that it is committed by a defendant armed with a dangerous weapon, whether or not the weapon is used in the course of committing the crime.

To bring a defendant to court to answer the charge under which an indictment has been handed down.

An initial step in the criminal process in which the defendant is formally charged with an offense, given a copy of the complaint, indictment, information, or other accusatory instrument, and informed of his/her constitutional rights, including the pleas he/she may enter.

That which is unpaid although due to be paid. A person in arrears is behind in payment.

The attempted or intentional destruction of property by fire or explosion.

An attempt or apparent attempt to inflict bodily injury upon another by using unlawful force, accompanied by the apparent ability to injure that person if not prevented. An assault need not result in touching so as to constitute a battery. Thus, no physical injury needs to be proved to establish an assault. An assault may be either civil or criminal. Some jurisdictions have defined criminal assault to include battery, the actual physical injuring.