What Should I Do If a Background Check Turns Up a Fake Criminal Record?
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It may be quite irritating to apply for a job, be hired, and then have the firm do a background check on you. After the background check is completed, it reveals that you have a criminal past, and you are denied the job. What should I do? The first step is to obtain a copy of the report so you can see who the company is that provided the background check revealed a false criminal record and what the criminal record is; if you are unable to obtain this information, request a copy of the application you signed allowing the company to run a background check on you.
If you have a copy of the report and know which criminal case is fake, you must contest it. The bogus criminal case on your background check should include a city, state, and case number so you can determine where the charges originated. You (or your attorney) must contact the clerk to receive a copy of the judgment or record containing this criminal history. Ordering the record will aid in proving that the background check revealed a bogus criminal record that did not belong to you.
Now that you have evidence that this record does not belong to you, send a comprehensive dispute letter to the background check provider describing how the information is incorrect and does not belong to you. In your challenge letter, provide a copy of the decision from the false criminal record. The letter should be sent with tracking so that you have confirmation that they got it. You must also notify your employer that the information is incorrect and that you are challenging it.
What should I do if a background check reveals a fictitious criminal record?
If you are denied a job due to a background check, your employer is obligated to furnish you with an adverse action letter. This letter indicates that you were rejected employment because of a consumer report (naming the firm that provided the report) and explains what information was contained in the report, or background check, on which they based their decision to deny you the job. If your company fails to supply you with this report, they are breaking the law, but don't panic, an expert lawyer can assist you in obtaining this information.
It is not necessary to send a copy of the adverse action with your protest to the background check business that gave the inaccurate information. The letter should be as descriptive as possible in explaining your circumstances, with all documented documentation to support your claims included. Save copies of all your disagreements because you will almost certainly need to employ a lawyer to help you settle the background check that reveals a phony criminal record. Even if the background check provider corrects the incorrect report after your initial challenge, you still have a claim. You should not have to worry about possible employment because of the error of another organization.
What should I do if a background check reveals a fabricated criminal record?
Typically, three disagreement letters should be sent. You can hire an attorney with competence in this area at any moment during the dispute procedure to help you evaluate your disagreement letters and locate the background check company's address or report. An attorney will help you relax and assist you through the procedure, alleviating some of your stress and anxiety. A qualified lawyer can also file a lawsuit to correct the false information and perhaps obtain compensation for your time and money spent going through this unpleasant journey.
What should you do if the criminal background check is outdated or has been expunged?
Typically, this outdated and bad material is reported for seven years. If a background check reveals a fake criminal record that was expunged, pleaded no contest to, or another sort of plea agreement, you may also be eligible to have this information deleted. Negative information in your credit file is not permitted to be reported indefinitely. If you have any questions, you should obtain a copy of your background check from your employer and consult with an attorney who specializes in this area of law.
Can I sue for a bogus criminal history check?
The quick answer is yes! You are entitled to compensation if a consumer report or background check was published or disclosed to a third party (ie employer) and they took adverse action as a result (ie sacked you, denied job offer). A skilled attorney who handles these cases will usually take your case on a contingency basis, which means you will not be charged until the case settles or you win. Most attorneys also provide free consultations, allowing you to pick a lawyer's brain at no cost. The sort of compensation you are entitled to be determined by the nature of the injury.
Have you ever lost a job chance because a background check revealed a fictitious criminal record?
If you missed a job chance and challenged the account three times, the employer will pay more than if you repair it practically immediately if the background check finds erroneous criminal record information. Or if you regain your job. You are entitled to real damages, statutory damages, punitive damages, attorney's fees and court costs the entire spectrum. Not everyone who gets a bogus criminal history check will desire to sue; they may simply want to put the incident behind them. If you have a fake criminal background check, contact a lawyer, such as Cook Law, LLC, for a free consultation to see whether you have a case and what your alternatives are. There is no danger in doing so.
A lawyer can not only help you relax and receive a clean background check, but he or she may also put money in your pocket for your time, difficulty, mental discomfort, and missed payments. Please do not hesitate to contact Cook Law, LLC if you have any queries!
It may be quite irritating to apply for a job, be hired, and then have the firm do a background check on you. After the background check is completed, it reveals that you have a criminal past, and you are denied the job. What should I do? The first step is to obtain a copy…
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