What Should I Do If My Background Check Shows a False Criminal Record?
- by siteadmin
When you apply for a job, get hired, and then the company needs to do a background check, it can be very frustrating. When the background check is done, it says that you have a criminal record, so you can't get the job. How to act? First, get a copy of the report so you can find out who gave the background check that showed a false criminal record and what the criminal record is. If you can't get this information, ask for a copy of the application you signed that gave the company permission to do a background check on you.
If you have a copy of the report or know which criminal case is wrong, you can dispute it. The false criminal case on your background check should have a city, state, and case number so you can find out where the charges came from. You (or your lawyer) need to talk to the clerk and get a copy of the judgment or record that shows this criminal history. By ordering the record, you can show that the false criminal record found in your background check does not belong to you.
Now that you have proof that this record doesn't belong to you, write a detailed letter to the background check company explaining why the information is wrong and doesn't belong to you. Don't forget to send a copy of the false criminal record judgment with your letter disputing it. You should send the letter with a way to track it so you know they got it. You should also tell your employer that the information is wrong and that you disagree with it.
How to dispute a false criminal record on a background check?
If a background check makes an employer decides not to hire you, they have to give you what is called an "adverse action letter." This letter tells you that you didn't get the job because of information in a consumer report or background check. It lists the company that gave the report and tells you what information in the report or background check they used to make their decision. If your employer doesn't give you this report, they are breaking the law. However, you don't have to worry because an experienced lawyer can help you find this information.
You can send a copy of the negative action to the company that did the background check and gave the wrong information, but you need to. The letter should be as detailed as possible to explain your situation, and it should include all the written proof you need to support your claims. Make sure you keep copies of all your disagreements because you will probably need to hire a lawyer to help you deal with the fact that your background check shows you have a false criminal record. Even if the company that did the background check fixes the wrong information after your first complaint, you still have a case. You shouldn’t have to suffer through the anxiety of a potential job for some other company’s mistake.
What do I do if a background check shows a false criminal record?
Most of the time, you should send out three dispute letters. You can hire a lawyer with experience in this area at any time during the dispute process to help you look over your dispute letters and find the address or report of the background check company. An attorney will help put your mind at ease and walk you through the process, making you feel less scared and worried. A good lawyer can also file a lawsuit to get the wrong information fixed and maybe get you some time and money for going through this terrible thing.
What to do if the criminal background check is old or expunged?
Usually, there is a seven-year period of reporting this old and negative information. If you have a background check that shows a false criminal record that was expunged, plead no contest to, or some other type of plea deal then you also may be able to get this information removed. Negative information in your credit file is not allowed to be reported for an indefinite amount of time. If you have questions about this, you should ask your employer for a copy of your background check and go over it with a lawyer who has experience in this area of law.
Can I sue for a false criminal background check?
The short answer is yes! If a consumer report or background check was published or given to a third party (ie employer) and they took adverse action because of it (ie fired you, or declined a job offer) then you are entitled to compensation. An experienced attorney who handles these matters generally will take your case contingent meaning there is no fee to you unless the case settles or you win. Most attorneys also offer free consultations so you can pick a lawyer’s mind at no charge. What type of compensation you are entitled to depend on the harm.
Did you miss out on a job because a background check showed that you had a false criminal record?
If you lost a job opportunity and disputed the account over three times then generally the background check shows a false criminal record information company will pay more than if you fix it almost immediately. Or if you get your job back. Actual damages, statutory damages, punitive damages, attorney's fees, and court costs are all types of damages you can get. This is pretty much the whole range. Not every person who has a false criminal background check will want to sue and could just want to put the matter behind them. However, if you have a false criminal background check then reach out to a lawyer, such as Cook Law, LLC for a free consultation to see if you have a case and what your options are. There's nothing wrong with that.
A lawyer can help you feel better, get you a clean background check, and maybe even give you money for your time, trouble, emotional pain, and lost wages. If you have any questions please do not hesitate to contact Cook Law, LLC!
When you apply for a job, get hired, and then the company needs to do a background check, it can be very frustrating. When the background check is done, it says that you have a criminal record, so you can't get the job. How to act? First, get a copy of the report so you…