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Incorrect Entry on a Criminal Background Record

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  • 01-18-2014, 08:59 AM
    klljoyce
    Incorrect Entry on a Criminal Background Record
    My question involves criminal records for the state of: GA
    My husband's criminal background record is incorrect. He had a misdemeanor drug charge and 3 years of probation approximated 25 years ago. He only recently found out about it because for years he was self employed and never had it checked. It was entered into the computer system as a felony drug charge and 3 years of prison. He tried to get it changed but the clerk of courts states that they cannot change it. He tried to get it expunged but was told that they can only expunge charges that he was actually charged with. So, the erroneous charge is still there and has to be explained every time he has a job interview. Any advice?
  • 01-18-2014, 09:07 AM
    Disagreeable
    Re: Incorrect Entry to Criminal Background Record
    Obtain a court order to correct the record.
  • 02-14-2014, 08:58 AM
    Cicero
    Re: Incorrect Entry to Criminal Background Record
    google knecht v. city of cincinnati inaccurate records challenge. Pay attention to 28 CFR Part B subpart 20 and see whether the agency received any funds from that program and if so then they must follow that directive or regulation.
  • 02-14-2014, 09:33 AM
    free9man
    Re: Incorrect Entry to Criminal Background Record
    What does a case from Ohio have to do with a case in Georgia?

    OP - When you say it was entered into the system incorrectly, is this a record pulled directly from a law enforcement agency or a background check company? If the background check company messed something up, the court cannot fix it. You would need to contact the company.

    If it was entered incorrectly into GCIC/NCIC, you will likely need to do as was suggested and try to obtain a court order.
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