What Should I Do If a Background Check Reveals a Fake Criminal Record?
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It may be quite annoying to apply for a job, be accepted, and then discover that a background check is required by the employer. After the background check is completed, it reveals that you have a criminal history, and you are not hired. Now what? If you can't get a copy of the report, ask for a copy of the application you signed allowing the company to conduct a background check on you. The first thing to do is to get a copy of the report so you can see who the company is that provided the background check shows false criminal record and to see what the criminal record is.
You need to dispute once you obtain either a copy of the report or knowledge of the fraudulent criminal case. A location, state, and case number should be included with the bogus criminal case on your background check so you can understand where the accusations originated. You (or a lawyer) must get in touch with the clerk and get a copy of the ruling or document that details this criminal background. By ordering the record, you may demonstrate that the fictitious criminal record that appears on the background check does not belong to you.
Write a thorough dispute letter to the background check business explaining how the information is wrong and does not belong to you now that you have the evidence that this record does not belong to you. In your dispute letter, be sure to attach a copy of the decision from the false criminal record. You should send the letter using tracking so you have confirmation that they got it. Also, you must advise your employer that the data is false and that you are contesting it.
How may a background check be disputed if it reveals a fictitious criminal record?
You must receive an adverse action letter from any employer who rejects you for a position based on a background check. This letter informs you that you were turned down for a job due to a consumer report (naming the firm that provided the report) and details the details of the report or background check that they used to make their decision. If your employer fails to give you this report, they are breaking the law, but don't worry—a qualified attorney can assist in locating this information.
The background check business that submitted the inaccurate information must get a copy of the adverse action along with your complaint, but it is not required. Just explain your position in as much detail as you can in the letter, and be sure to include any written evidence you need to support your claims in the attachments. Save copies of all of your disagreements since you'll probably need legal representation if a background check reveals a phony criminal record. You still have a claim even if the background check business corrects the false report following your initial challenge. You shouldn't have to experience the stress of possible employment because of an error made by another organization.
What should I do if a background check reveals an incorrect criminal history?
Normally, three disagreement letters should be sent. You can hire a lawyer with knowledge in this field at any point throughout the dispute procedure to help you evaluate your dispute letters and locate the background check company's address or report. Your mind will be eased and you will be guided through the procedure by an attorney, reducing some of your dread and anxiety. A competent attorney can also file a lawsuit to have the incorrect information updated and perhaps win you some compensation for going through this dreadful experience in terms of time and money.
What should you do if your criminal history check is outdated or expunged?
The typical reporting window for this outdated and unfavorable information is seven years. You may also be eligible to have this information deleted if a background check reveals a fake criminal record that was expunged, pleaded no contest to, or included another sort of plea agreement. For an extended period, negative information in your credit file cannot be reported. If you have any concerns about this, you should get a copy of your background check from your employer and have it reviewed by a lawyer with knowledge of the relevant legal issues.
Can I file a lawsuit for a fraudulent criminal history check?
The quick response is "yes"! You are entitled to compensation if a consumer report or background check was made public or sent to a third party (such as an employer) and they reacted negatively as a result (e.g., dismissed you or denied a job offer). An expert lawyer who handles these cases will typically take your case on a contingency basis, which means you won't pay a fee until the case settles or you win. Also, the majority of lawyers give no-cost consultations so you may ask them any questions. Depending on the injury, you may be entitled to a certain sort of compensation.
Have you ever been turned down for a job because a background check revealed a fictitious criminal record?
The firm will often pay more if the background check reveals incorrect criminal record information if you missed a job chance and disputed the account more than three times than if you promptly corrected it. or if you are hired back. You are entitled to the full spectrum of damages, including actual damages, statutory damages, punitive damages, attorney's fees, and court expenses. Not everyone who experiences a bogus criminal background check wants to file a lawsuit; instead, they might just want to put the incident behind them. Reach out to a lawyer, like Cook Law, LLC, for a free consultation to determine whether you have a case and what your alternatives are if you have a fake criminal background check. Nothing wrong with it.
A lawyer can potentially put money in your pocket for your time, difficulties, mental discomfort, and missed payments in addition to helping you relax and getting a clear background check. Please do not hesitate to contact Cook Law, LLC if you have any queries!
It may be quite annoying to apply for a job, be accepted, and then discover that a background check is required by the employer. After the background check is completed, it reveals that you have a criminal history, and you are not hired. Now what? If you can't get a copy of the report, ask…