A background check reveals a fabricated criminal record; what should I do?
- by siteadmin
It may be aggravating when you apply for a job, are hired, and then the firm does a background check. You are refused employment after a background check reveals that you have a criminal history. What to do? If you cannot acquire this information, request a copy of the application you signed that authorized the firm to do a background check.
After obtaining a copy of the report and determining which criminal case is fraudulent, it is necessary to contest it. The phony criminal case that appears on your background check should include a city, state, and case number so that you may determine where the charges originated. You (or your attorney) must contact the clerk and get a copy of the court judgment or criminal history record containing this information. The act of requesting the record will serve as evidence that the fictitious criminal record revealed by the background check is not yours.
Now that you have evidence that this record does not belong to you, you should send a comprehensive dispute letter to the background check business explaining why the information is wrong and does not belong to you. Include a copy of the erroneous decision in your letter disputing the fake criminal record. The letter should be sent with delivery confirmation so you have proof that they got it. You must also advise your employer that the information is false and that you intend to contest it.
How can a falsified criminal record be contested if a background check reveals it?
Employers are obligated to present you with an adverse action letter if they deny you employment based on the results of a background check. This letter informs you that you were refused employment based on information included in a consumer report or a background check. It also specifies what information in the report or background check was used to make the decision. If your employer does not supply you with this report, they violate the law; nevertheless, an expert attorney can assist you in locating this information.
You may send a copy of the adverse action with your dispute to the background check business that supplied the inaccurate information, but it is required. The letter should be as specific as possible in describing your circumstances, and it should be accompanied by all documented evidence to support your allegations. Save copies of all your issues, as you will likely need to employ an attorney to assist you in resolving the background check revealing a fictitious criminal history. Even if the background check provider repairs the inaccuracy in the report following your initial challenge, you still have a claim. The error of another organization should not cause you to have concerns over future employment.
What should I do if a background check reveals an erroneous criminal record?
Typically, three disagreement letters should be mailed. At any point throughout the dispute procedure, you can contact an attorney with relevant skills to assist you in reviewing your dispute letters and locating the background check company's address or report. A lawyer will assist in easing your mind and guiding you through the procedure, so alleviating some of your worry and anxiety. A skilled attorney can also file a lawsuit to have the erroneous information rectified and, if successful, obtain compensation for your experience.
What to do if a criminal background search reveals old or erased convictions?
This bad and outdated information is typically reported for seven years. If a background check reveals a false criminal record that was expunged, to which you pled no contest, or for which you entered into another sort of plea agreement, you may also be eligible to have this information deleted. Indefinitely, the negative information on your credit file cannot be reported. If you have doubts regarding this, you should obtain a copy of your background check from your employer and discuss it with a lawyer who knows this area of law.
Can I sue for a fraudulent criminal record check?
The brief response is "yes" You are entitled to compensation if a consumer report or background check was published or sent to a third party (e.g., an employer) and they took adverse action against you as a result (e.g., dismissed you, denied job offer). In general, a competent attorney who handles these situations will accept your case on a contingency basis, which means that you will not be charged a fee until your case settles or you prevail. The majority of attorneys also provide free consultations, allowing you to assess their expertise without cost. The form of compensation to which you are entitled is dependent upon the injury.
Have you been denied employment owing to a bogus criminal record revealed by a background check?
If you missed a job chance and challenged the account more than three times, the background check business would likely compensate you more than if you address the issue promptly. Or if you get your job back. Actual damages, statutory damages, punitive damages, attorney's fees, and court expenses are the categories of damages to which you are entitled. This is essentially the entire spectrum. Not everyone with a bogus criminal background check will choose to file a lawsuit; some may simply wish to put the subject to rest. If you have a fake criminal background check, you should contact a lawyer, such as Cook Law, LLC, for a free consultation to see whether you have a case and what your alternatives are. It is completely harmless.
A lawyer may be able to compensate you for your time, effort, mental upset, and missed payments, in addition to providing you with peace of mind and a clear background check. Please feel free to contact Cook Law, LLC if you have any questions!
It may be aggravating when you apply for a job, are hired, and then the firm does a background check. You are refused employment after a background check reveals that you have a criminal history. What to do? If you cannot acquire this information, request a copy of the application you signed that authorized the…
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