Expunged Record Showing Up

**confused55** · 01-30-2010, 07:57 AM

My question involves a background check in the State of: Mississippi

Hello, I am new to this board but I need some information and it seems as though quite a few of you have had this problem. I had a felony case expunged about 7 years ago. I recently received a job offer but was recanted after a background investigation showed that this case that is almost 12 years old is still pending; when in face it was dimissed and expunged 7 years ago. I am confused as to why this information is coming up now after I have had numerous background checks for other jobs over the past 7 years that came back with no problems, including and FBI check. I went to the courthouse and was advised that this case was in fact dismissed and expunged and they gave me a letter to give to the employer stating this information. I called the background check company to dispute the information that they gave the company that recanted my job offer and they said I have to go through this formal process of disputing the information. I also spoke with the recruiter for the company and she kind of blew me off b/c she feels as though I am lying about having a pending case or proven felony. I asked that once this incorrect information is cleared up will my job offer be reinstated b/c this was in fact incorrect information and she was like we will discuss that once I get the information from background agency. I am kind of at a stand still and don't know where to go next. I don't know if I need to get another lawyer to fix this or can this be fixed by the background check company verifying with the courthouse that this is in fact incorrect information. Any help would be greatly appreciated.

**LawResearcherMissy** · 01-30-2010, 08:48 AM

Certainly the background check company can fix their information by verifying with the courts, but that in no way obligates the employer to re-extend the job offer.

A job offer is not binding.

**confused55** · 01-30-2010, 02:09 PM

Thanks. I just have one more question. With this being incorrect information and my job offer was contingent on coming back with a clean background check, when in fact this is information that should not have even come up; wouldn't this be a form of discrimination? I am only asking because everything else was clean on my background check and this was the only issue because at this point the lady admitted that this was the reason that she had to take the offer back and that I can dispute it with background company and that it will be readdressed when the information is cleared up. I am just trying to see if it would be worth my time to contact her back when the information is cleared up, which i know it will be because I have the proof that the courthouse gave me 7 years ago and the information they certified recently. I worked hard to even get offered this job and even accepted the written offer as soon as it was sent to me. I just hate to give up without a fight but just need to know if it legally worth the fight.

**cbg** · 01-30-2010, 08:38 PM

The problem is, it's not illegal discrimination. "People who don't have a clean background check" are not a protected group under the law, so even if you do want to call it discrimination, it's still legal.

**jarno** · 01-30-2010, 10:18 PM

I got a job offer where the criminal record was showing up and infact it was pending at the time(also there was wrong information). I got a letter saying that I had 2 days to explain what it is and up to 2 weeks to correct it. My offer was taken off the table but I got a better one at a different company so it all worked out.