Background Check Wrongly Shows a Conviction
Provided by HG.org
Incorrect background checks are difficult to challenge, and these complications may lead to severe consequences for the victim affected by these agencies. It is often important to contact a lawyer to determine if the agency needs legal communication to alter the false details or if litigation is necessary to sue for the damages these incorrect reports cause.
Background checks are not always correct, and sometimes they supply the details of another person. This occurs when the names are similar or the data collates with multiple identical pieces. This may include middle names and ages. Others are nowhere near alike, and the results are baffling to the individual affected in a negative manner. The flaws in the systems available for purchase have serious flaws, and these pass on to the checks that many employers seek to ensure that the individual has never incurred a conviction or stolen anything before. If the records provide false data, it is important to attempt to correct this.
Correcting the False Information
The details that a background check provides to an employer may entail falsification due to a glitch, human error or collation of computer systems. Additionally, other systems and companies purchase this data to advertise to or spam. Contacting the agency or company that provides these background checks is important to attempt to clear up the false details. If this proves a failure, then hiring a lawyer to contact the owner of the website or the person in charge of the background check is often the next step. The legal representative may have more strength behind him or her to get the job done.
Possible Damages and Injury
When a person faces the false information of a background check, he or she may suffer in numerous ways. This could cause a loss of work, an inability to obtain new work or pain and suffering from the entire process. Through economic hardship, the person may not have access to insurance and the capacity to pay his or her bills. This may also lead to leaning on others for support or seeking government assistance. The individual may need to discover a different way of working such as online or through another that does not perform a background check. However, the overall effects are often felt for months to years.
When seeking to litigate against the company that is unwilling to correct the problem or that is unable to resolve the matter, the victim has the opportunity to recover from the hardship. He or she may hire a lawyer and pursue legal action and damages in compensation for the lack of work based on what a reasonable job would provide. Any benefits that could giver assistance are not usually part of these damages, but if the person suffered injury, he or she may seek healthcare costs. Pain and suffering are often possible in many lawsuits, and these process through calculations applied based on severity.
Some background checking agencies have stored data that remains in the open for a company or agency that will purchase it for a specific person. When the government erases certain aspects of the past of these individuals, it does not necessarily update within the public record. So, a person that did have a conviction for a criminal offense may have this purged from the government database, but it is unresolved in the commercial database. Then, the potential employer will see the conviction even if it is purged from his or her record by the state. When the public database is run by a smaller company, the updates may remain unresolved until action is taken.
The resources of what is available to the potential employers depend on how large the company is that provides the background checks. The rising demand for these does give these businesses more funds, but some are unable to acquire the necessary information to fix any errors that happen in the system. If the entity behind the background check is too small to run it appropriately, the individual affected may need to hire a lawyer to fully resolve the matter.
Legal Support in Background Checks
Communication with a lawyer to determine what the next course of action becomes the most important when the background check has led to severe complications. The legal representative usually contacts the company for a solution. When this is not an option, or the company fails to satisfy the problem, litigation may become the next stage.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.