ExpertLaw.com Forums

Incorrect and Missing Information on Criminal Background Report - Any Recourse

Printable View

  • 02-23-2011, 09:03 PM
    bob1966tb
    Incorrect and Missing Information on Criminal Background Report - Any Recourse
    My question involves a background check in the State of: Arizona

    ALL,

    I JUST received a background check from a company called -- Certified Background.

    This report was done to satisfy a school request for my background verification.

    Unfortuantely, there was a glaring error in their report:

    1) I have a single misdemeanor conviction from 10 years ago -- that was set-aside.

    The background report, however, DOES NOT show that the conviction was set-aside. I supplied the court records verifying the set-aside disposition to Certified Background as part of my original submission of information to them.

    Now... CB [ Certified Background ] MAY eventually correct the error in their report but... in the mean time, the CB report has been submitted to the school I am trying to attend.

    I told the school that I had a set-aside misdemeanor conviction on their application form.

    Unfortunately, the CB report does NOT verify this.

    An eventual correction doesn't do me much good as it now appears that I lied on my school application forms. Yes, I can show the school the court records but... CB should have done their job !!!!


    And..........

    2) There were three other misdemeanor charges, all part of the single arrest, that were dismissed.

    CB shows ALL of these charges.

    These charges had no basis, so the prosecutor dismissed them. I didn't expect my report to show dismissed charges. The school application I completed asked for any information about convictions NOT dismissed charges !!

    I explained the set-aside conviction on my original school application. But now there is also the dismissed charges.

    This AGAIN may look "suspect" to the school I am trying to attend.

    And it gets BETTER :)

    The CB report states "Score from 2004-2011" -- a 7 year period.

    Note that the single conviction and dismissed charges are from 10 years ago NOT 2004-2011.

    So... do I have any recourse ?

    What if CB doesn't correct the set-aside on their report ?

    Are they allowed to show dismissed charges ?

    Are they allowed to use records from 10 years ago on their 'Score 2004-2011" report ?

    Yep -- no one said it would be easy or fair.

    Thanks in advance for any feedback.

    Bob
  • 02-25-2011, 12:21 PM
    Mr. Knowitall
    Re: Incorrect and Missing Information on Criminal Background Report - Any Recourse
    Unless and until you suffer a harm, you have no claim of damages. Further, I expect that their report contains explicit disclaimers that they cannot guarantee that every source of data they use is 100% correct.

    Arizona does not have an expungement law as such - it has the following statute:
    Quote:

    Quoting 13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions
    A. Except as otherwise provided in this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

    B. The application to set aside the judgment may be made by the convicted person or by the convicted person's attorney or probation officer authorized in writing.

    C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by:
    1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.

    2. The game and fish commission pursuant to section 17-314 or 17-340.
    D. This section does not apply to a person convicted of a criminal offense:
    1. Involving the infliction of serious physical injury.

    2. Involving the use or exhibition of a deadly weapon or dangerous instrument.

    3. For which the person is required or ordered by the court to register pursuant to section 13-3821.

    4. For which there has been a finding of sexual motivation pursuant to section 13-118.

    5. In which the victim is a minor under fifteen years of age.

    6. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.

    I would expect that, as a result of having your conviction set aside under this provision, your criminal record would still reflect the charge but with the new disposition. Have you checked to make sure that your criminal record was updated after your conviction was set aside?

    If this is a credit report, they should not be reporting information that old; but if this is a criminal background check they can report your full criminal history. Your criminal record doesn't disappear after seven years. It's possible for the same company to separately run a credit check and a criminal background check.
  • 02-25-2011, 12:43 PM
    bob1966tb
    Re: Incorrect and Missing Information on Criminal Background Report - Any Recourse
    Mr. Knowitall,

    Thank you for a VERY well researched response. I appreciate the time you spent in preparing your response.

    YES --I have copies of all of the court documents showing the set-aside, since I petitioned the court myself and was successful. I also verified the set-aside by looking at the online public records from the court. These records also properly show the set-aside.

    Those documents were scanned and forwarded to the CBC company -- along with a direct link to the court's online database.

    I now wait to see if the CBC company will properly update my file.

    I will update this thread when the CBC company has had their 30 days.

    Thanks AGAIN !!!!

    Bob
  • 02-27-2011, 06:08 AM
    Criminal Records Law
    Re: Incorrect and Missing Information on Criminal Background Report - Any Recourse
    If the school denies you admission, then you may have a claim against under the background check company under the Fair Credit Reporting Act for reporting non-conviction information that is more than seven years old. 15 U.S.C. 1681c(c).
  • 02-27-2011, 10:31 AM
    davidmcbeth3
    Re: Incorrect and Missing Information on Criminal Background Report - Any Recourse
    5. Some of the information reported by The Site or obtainable from The Site's databases, including all criminal records, constitutes personal information that is regulated by the Fair Credit Reporting Act (FCRA). The provisions of the FCRA can be found at http://www.ftc.gov/os/statutes/fcrajan2002.pdf. The Site is required to comply with certain provisions of the FCRA, including:...

    from their website: https://www.criminalcbs.com/
  • 03-24-2011, 12:49 PM
    davidmcbeth3
    Re: Incorrect and Missing Information on Criminal Background Report - Any Recourse
    Quote:

    Quoting dowell88270
    View Post
    If your criminal record is holding you back, check our website out.

    http://www.shredmyrecord.com/?referrer_code=SMRMD

    Use this reference code SMRMD and recieve a DISCOUNT!!!

    Or give us a call at 877-678-0932


    Why, what can your website do? Quit posting .. you will get no business from anyone from this site .. all your posts will be deleted.
All times are GMT -7. The time now is 01:30 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved