Mechanically all ingame characters are agents, or capsuleers. A few happen to be both. Mostly pirate faction officers.
Mechanically, if they appear in a chat channel, and say they're not capsuleers, they're lying.
Or DUST characters.
I was specifically agreeing with PF characters such as Heth. Not player characters. Yes, all player characters are capsuleers.
I don't know about Heth, but Sansha Kuvakei appeared in chat channels, and in space, flying a ship.
He's a capsuleer.
There's a couple other examples, I think.
Asias Urazmie is another example.
I think most NPC pilots are non capsuleers. Those Pirate rats you shoot are full of people, either screaming in pain and fear as your weapons fire penetrates the hull and decompresses the interior, or perhaps jumping into some kind of non Goo filled escape ship/ capsule.
Present day pirates in Somalia are essentially a swarm of destitute and desperate people that take over whatever ship will hold them all, and point rocket launchers at potential victims over the side. I imagine NPC ships are the same. Perhaps some slaves or homeless escaped from the station where they were being sold, flooded onto a battleship and undocked. Perhaps these are the 'gangbangers' that Jace was looking for.
From what I know, player pilots are capsuleers that undergo training before they get their license. I'm not sure if these licenses are granted by CONCORD or not. I seem to remember Aura, and the training session being conducted by the Insurance company. There were also the agents in the newbie tutorials.
As far as the fictional game world, I see no reason why an untrained, non-capsuleer crew member couldn't simply kill the capsuleer in a mutiny and hijack their pod.
Yes, it's true that 'not everyone can do it', there's the possibility of mind lock and so on. However, if your choice is either certain death as an anonymous red shirt, or a sliver of a chance that you could be a powerful, wealthy and famous immortal, why not take that chance?
CONCORD records for each capsuleer would likely exist, but they would be compiled from a record of in game data transmissions. In the case of an outlaw such as a Blood Raider, there is likely the option to scramble those transmissions so that CONCORD can't decode, or even recognize them.
Since our clones don't have the exact same genetic material that we ourselves do (for some bizarre reason,
), it's conceivable that a Blood Raider could pull identity theft by downloading their mind into the body of an Amarrian loyalist.
The mind of a Blood Raider could be inhabiting the body of Amarrian loyalist, allowing him to pass retina scans, fingerprint and voice print identification and so on. This would allow him to fight in faction war without arousing suspicions (other than his tendency to preach Sani Sabik of course). It might be an explanation for Karsoth too.
I see that 'clone jack' is a rank we can achieve here, much as I have become a 'wet graver'. Is it possible to 'hack' the mind uploading technology to allow the mind of one person to inhabit the body(ies) of another? There is at least one chronicle about identity theft.
As for those outlaws that DO have CONCORD records? Well, we can assume that we would only be reading those because we (the readers) are members of CONCORD ourselves.
Some outlaws, such as Blood Raiders, are by habit well practiced in 'security culture', skulking around in shadows, spreading disinformation, and keeping everything secret. A Sani Sabik in the Empire would be very much in the closet, since the consequences for their friends and family if they were discovered would be harsh indeed.
Other outlaws, such as the Guristas or the Angels, are arrogant, defiant and outspoken rebels that just don't care what others think of them. That includes CONCORD. A well publicized criminal record might even help to spread their infamous name and instill fear in potential victims or enemies. This is why traditionally, marauders such as Attila the Hun would slaughter everyone in a village except for one person, who was released to spread the news to the surrounding villages.
Consider that a Gurista pirate wants an ISK bounty or the loot from their victims, whereas a Blood Raider wants to keep your body as livestock to drain blood for sustenance. A robber relies on fear and intimidation to extract what (s)he needs, but a predator must capture their target unaware.