What Should I Do If My Background check reveals a fabricated criminal record?
It may be aggravating to apply for a job, be hired, and then have to through a background check. The background check reveals that you have a criminal past, thus you are refused the position. What should one do? If you cannot acquire this information, request a copy of the application you signed that authorized the firm to do a background check.
If you get a copy of the report and identify the fake criminal case, you must contest it. The bogus criminal case shown on your background check must include a city, state, and case number so that you can determine where the charges originated. You (or your attorney) must contact the clerk to receive a copy of the judgment or criminal history record. The act of ordering the record will aid in proving that the fictitious criminal record revealed by the background check does not belong to you.
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 how the information is incorrect and does not belong to you. Provide a copy of the judgment resulting from the fake criminal record in your dispute letter. The letter should be sent with tracking so that you have evidence that they got it. You must also advise your employer that the information is incorrect and that you are contesting it.
How to contest a bogus criminal record that a background check reveals?
Whenever an employer rejects your employment based on a background check, they must present you with what is known as an adverse action letter. This letter informs you that you were refused employment based on a consumer report (naming the firm that provided the report) and explains what information from 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 to locate this information.
It is required that you send a copy of the adverse action with your challenge to the background check business that gave the inaccurate information. The letter should be as descriptive as possible to describe your circumstances, and it should include all supporting documentation. Save copies of all your issues, as you will likely need to employ an attorney to assist you in resolving the background check to reveal a bogus criminal record. Even if the background check provider corrects the inaccuracy after your initial complaint, you still have a claim. You should not have to experience job-related worry due to the error of another organization.
What should I do if a background check reveals a fraudulent criminal history?
In general, you should send out three dispute letters. At any point throughout the dispute process, you can contact an attorney with knowledge in this area to assist you in reviewing your dispute letters and locating the address or report of the background check business. A lawyer will assist calm your fears and guide you through the procedure, alleviating some of your tension. A skilled attorney can also file a lawsuit to have the erroneous information amended and perhaps compensate you for having to through this experience.
What should be done if the criminal background check is outdated or has been expunged?
Typically, there is a seven-year reporting period for this outdated and unfavorable material. If a background check reveals a false criminal record that was expunged, to which you pled no contest, or to which you entered into another sort of plea agreement, you may also be eligible to have this information deleted. Negative information included in your credit file cannot be reported for an extended period. If you have issues with this, you should obtain a copy of your background check from your employer and evaluate it with a lawyer who is knowledgeable in this area of law.
Can I file a lawsuit for a fraudulent background check?
The simple answer is affirmative! You are entitled to compensation if a consumer report or background check was published or sent to a third party (employer) and they took unfavorable action as a result (e.g., sacked you, or denied a job offer). In general, a skilled attorney who handles these situations will accept your case on a contingency basis, meaning that you will pay no fee until your case settles or you win. The majority of attorneys also provide free consultations, allowing you to obtain legal advice at no cost. The form of compensation to which you are entitled depends on the extent of the damage.
You lost an employment chance because a background check revealed a fictitious criminal record.
If you missed a job change and contested the account more than three times, the background check reveals an incorrect criminal record information firm will often compensate you more than if you repair the issue immediately. Or if you get your job back. The categories of damages to which you are entitled to include actual damages, statutory damages, punitive damages, attorney's fees, and court expenses. Not everyone with a bogus criminal background check will desire to sue; some may simply wish to put the subject to rest. Contact a lawyer, such as Cook Law, LLC, if you have a fake criminal background check to determine whether you have a case and what your alternatives are. It is not harmful in any way.
A lawyer can provide you with peace of mind, a clean background check, and perhaps compensation for your time, effort, mental suffering, and missed payments. Please do not hesitate to contact Cook Law LLC with any inquiries!
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It may be aggravating to apply for a job, be hired, and then have to through a background check. The background check reveals that you have a criminal past, thus you are refused the position. What should one do? If you cannot acquire this information, request a copy of the application you signed that authorized…