Background Check Mistakes You Can Pursue Action Against
Did you know that employers in Missouri usually conduct background checks before they hire new employees? Additionally, background checks are also conducted when you apply for certain processes such as adoption.
The basic concept here is to ensure that people with criminal records or convictions are registered and laws about convicted felons are followed with regard to all kinds of state processes. However, there may be a possibility that due to errors in your record, your background check may be coming up incomplete.
Remember — potential employers are required under federal law to take consent from you before they conduct a background check as well as provide you with the background check report if they decide not to hire you based on the check.
However, that’s why lawyers for background check inaccuracies exist, and there are a few mistakes you can pursue action against. Let’s take a look at some of them.
A Mix-up with Files
Even though state agencies try to maintain records as accurately as possible, there are always chances of human errors. There’s a real possibility that a misspelling of your name, or a mix-up with the files caused your background check to show the wrong records.
In this case, it’s imperative you have your lawyer check out the report and ensure that there isn’t anything amiss.
Incorrect File Record
There may be mistakes in your record as well. For example, a false item, misreported conviction or incorrect severity of convicted crime are all cause for concern. For example, if a misdemeanor charge is reported as a felony, this can make a huge difference to a potential lawyer.
Expunged/Sealed Items In Record Reported
There are some parts of your criminal record that may be sealed or expunged. If you’ve undergone any of these processes to make certain parts of your record inaccessible, it should not show up on a background check.
You should pursue legal action immediately, since these records are not supposed to be revealed for basic background checks.
Non-conviction Sentences Reported
There are many cases in which you may have been charged but not convicted. Alternative dispositions and diversions allow defendants to avoid a conviction by meeting a set of requirements or participation in programs such as rehab.
However, these alternatives are not the same thing as a conviction and should not be treated as such.
Repeated Reporting of Same Item
In some cases, one item on your record may have been mistakenly recorded repeatedly, which can make your background check report seem worse than it actually is. In this scenario, as well as most others, you should make sure to take a look at the report your potential employer sends you. If they do not send it to you, they’re violating federal law.
Make sure you pursue these problems with legal action or an incorrect background check lawsuit if need be. As a lawyer for background check errors in St. Louis, MO and Chicago, IL, I can help you assess the situation, understand your rights and pursue whatever course of action you deem fit.
Contact me today for my inaccurate background check services.
