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  1. #1
    Join Date
    Jan 2013
    Location
    Philadelphia, PA
    Posts
    1

    Question 'Generic' Background Check Differs from 'Official' State Police Information

    My question involves labor and employment law for the state of: Pennsylvania

    This is my first time around the boards and I might have missed another post/question similar but I was arrested 7 years ago and was prepared to defend against a felony. The felony was dropped for a plead to a misdemeanor before it went to trial.

    My official report from the State of Pennsylvania shows only the misdemeanor as though it was the only thing I was arrested for. However, I just received a copy of the report a potential employer was given and it shows what I was originally arrested for. It states the crime and says: "Nolle Processed". That phrase is widely ignored.

    But the fact it shows at all is extremely harmful to me. The state accepted a lesser charge and seemingly 'wrote off' the original reason for arrest/original charge. Is there anything that can be done to make sure companies like Intellicorp get it right from now on? or are they right and I'm just out of luck?

    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 'Generic' Background Check Differs from 'Official' State Police Information

    Private companies often get their public records from different sources than the state might. The state's records might reflect the true resolution, but the other record - possibly obtained through jail booking records, police records, or initial court filings - could reflect the original charge and not the ultimate outcome.

    What you might consider doing is either contacting Intellicorp and asking how you might get the information amended (if they will do anything of the sort), or, obtaining a copy of the official court record and making that record available to any potential employer to show what you actually were convicted of. No, the latter might not help a lot, but it's better than letting a felony charge stand unchallenged on a background report.

  3. #3
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: 'Generic' Background Check Differs from 'Official' State Police Information

    Quote Quoting cdwjava
    View Post
    Private companies often get their public records from different sources than the state might. The state's records might reflect the true resolution, but the other record - possibly obtained through jail booking records, police records, or initial court filings - could reflect the original charge and not the ultimate outcome.
    The biggest part of the problem is that by and large, there is little or no regulation of private background check companies. Therefore, there is little incentive for them to ensure that the records they provide to their clients are factually correct. Basically, to them collecting criminal records information is simply data mining. They go in and collect information on new cases, but do not review old cases to see if the record has been changed or updated. People with this same type of problem contact our court clerk's Criminal Department on a regular basis.

    Actually, the latter may help more than you may think-especially presenting a certified copy of the record. It may prevent your application from being immediately removed from consideration and can certainly help any argument that you may wish to make when they see a difference between the commercially provided report and the official record.

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