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Can I sue a background screening company for stating false convictions

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Old Mar 2nd, 2010, 07:20 PM   #1
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Default Can I sue a background screening company for stating false convictions

Can I sue a background screening company for stating false convictions on report to employer, which may have caused me to lose the job offer?
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Old Mar 2nd, 2010, 07:47 PM   #2
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Default Re: Can I sue a background screening company for stating false convictions

No but you can possibly pursue whoever gave them the info they provided to your possible employer
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Old Mar 3rd, 2010, 10:50 AM   #3
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Default Re: Can I sue a background screening company for stating false convictions

Hmmm, that's interesting. I would think you can try if you can show negligence in the compilation or if they refused to correct it after notice was given.
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Old Mar 18th, 2010, 03:59 PM   #4
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Default Re: Can I sue a background screening company for stating false convictions

Nope.

But here is what you CAN/SHOULD do... find the copy of the form which you signed to authorize the potential employer to order a background check on you. Typically called an Authorization Form - which by law any employer must have you sign before they can order a background check on you. The page(s) you signed are kept by the potential employer but they should have given you a couple extra pages to keep. Those pages tell you your rights and WHO, what Vendor, the employer would be obtaining your background check report from.

You, the applicant, have the right to a free complete copy of the exact report which was provided to the potential employer - you can contact the Vendor and request they mail you a copy of the same report they sent to the potential employer. Alternatively, you can request a copy of the background screen report from the potential employer directly - it is your right to see what they were sent.

Now, when you get your copy go through it and follow the instructions provided on the Authorization Form if you find any 'adverse information' that is not yours. Unfortunately the Vendor who sent your report to the potential employer is not responsible for changing/editing anything in your background screen that was reported inaccurately. They get the data on you from County Courts, Municipal Courts, District Courts, one of the 2 major providers of Insant National Criminal/Sex Offender databases, state DMVs etc. It is the entity from which the data was obtained who you must contact to have your report corrected.

Hope this helps.
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Old Jan 17th, 2012, 07:53 PM   #5
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Default Re: Can I sue a background screening company for stating false convictions

You may have some options available under the Fair Credit Reporting Act, if the Credit Reporting Agency failed to follow reasonable procedures to assure maximum accuracy.
I recently wrote a blog entry regarding these issues at The Defense Perspective | news, links, and rants related to the practice of law
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Old Apr 6th, 2012, 09:47 PM   #6
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Default Re: Can I sue a background screening company for stating false convictions

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Originally Posted by Unregistered View Post
Nope.

But here is what you CAN/SHOULD do... find the copy of the form which you signed to authorize the potential employer to order a background check on you. Typically called an Authorization Form - which by law any employer must have you sign before they can order a background check on you. The page(s) you signed are kept by the potential employer but they should have given you a couple extra pages to keep. Those pages tell you your rights and WHO, what Vendor, the employer would be obtaining your background check report from.

You, the applicant, have the right to a free complete copy of the exact report which was provided to the potential employer - you can contact the Vendor and request they mail you a copy of the same report they sent to the potential employer. Alternatively, you can request a copy of the background screen report from the potential employer directly - it is your right to see what they were sent.

Now, when you get your copy go through it and follow the instructions provided on the Authorization Form if you find any 'adverse information' that is not yours. Unfortunately the Vendor who sent your report to the potential employer is not responsible for changing/editing anything in your background screen that was reported inaccurately. They get the data on you from County Courts, Municipal Courts, District Courts, one of the 2 major providers of Insant National Criminal/Sex Offender databases, state DMVs etc. It is the entity from which the data was obtained who you must contact to have your report corrected.

Hope this helps.
YES YOU CAN...This person works for a background check company...F%^& YOU LOOSER
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Old Aug 13th, 2012, 03:20 PM   #7
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Default Re: Can I sue a background screening company for stating false convictions

yes you can. Same with the credit agencies. But the burden of proof is on you.
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Old Mar 7th, 2013, 08:55 PM   #8
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What if the company previously cleared my background and now upon renewal, one year later misread a document and that cause a revocation of a Gov. ID. Causing me embarrassment? They misread a 25 yr old Criminal report?
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