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  1. #1
    Join Date
    Mar 2012
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    Default Can You Sue E-Verify for Reporting an Expunged Conviction

    My question involves defamation in the state of: North Carolina

    It has been almost two years since my expungement. I ran a check on E verify and not only are they reporting the felony, they are also showing I have a misdemeanor which is not correct.

    I had several close calls with potential employers, and wonder if Everify is to blame.

  2. #2
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    Sep 2005
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    Default Re: Can You Sue E-Verify for Reporting an Expunged Conviction

    E-Verify is a federal system, not a state system, and the federal government is not obligated to follow state court orders, so even if a court explicitly ordered the USCIS to remove the record of your conviction from its system the order would be worth no more than the paper upon which it was printed.

    Further, in relation to aliens, the USCIS does not automatically regard an expunged conviction as a non-conviction. In basic terms, the USCIS standard is that if there was a guilty plea, conviction after trial, or even an allocution prior to a successfully completed deferral, a dismissal, expungement or pardon will not change their treatment of the charge as having resulted in a conviction unless it was predicated upon a finding of factual innocence.
    Quote Quoting INA Sec. 101(a)(48); 8 U.S. Code 1101(a)(48)
    (48) (A) The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-

    (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and

    (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.

    (B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.

  3. #3
    Join Date
    Mar 2012
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    9

    Default Re: Can You Sue E-Verify for Reporting an Expunged Conviction

    Thank you for responding. I should have mentioned everify.com is reporting the wrong information. Their website shows they are not affiated with any government agency. These folks are in the business to make a buck.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can You Sue E-Verify for Reporting an Expunged Conviction

    All E-verify shows the employer is whether (1) your I-9 is accurate and you are authorized to work in the U.S. or (2) there is a mismatch between the information given on the I-9 and what information USCIS obtained when matching your I-9 against the various government databases that it uses. It does not report to the employer your criminal history that USCIS has in its records.

    If the information in the USCIS records about your convictions is not accurate then you may make a Privacy Act request to USCIS to correct the errors.

  5. #5
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    Default Re: Can You Sue E-Verify for Reporting an Expunged Conviction

    Quote Quoting ruttrow
    View Post
    Thank you for responding. I should have mentioned everify.com is reporting the wrong information.
    Yes, you should have mentioned that you're talking about a private, online service that has no connection to the similarly named government service. It's not at all clear why you believe all of your prospective employers are all using that particular service. Please note that the website you mention explicitly disclaims that its reports are not to be used for purposes of employment.

    Go to their terms of service page, click their "opt out policy" link, grab their form, and submit it with the explanation that your record has been expunged, and ideally they'll remove it.

  6. #6
    Join Date
    Jan 2016
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    5

    Default Re: Can You Sue E-Verify for Reporting an Expunged Conviction

    Quote Quoting Mr. Knowitall
    View Post
    E-Verify is a federal system, not a state system, and the federal government is not obligated to follow state court orders, so even if a court explicitly ordered the USCIS to remove the record of your conviction from its system the order would be worth no more than the paper upon which it was printed.

    Further, in relation to aliens, the USCIS does not automatically regard an expunged conviction as a non-conviction. In basic terms, the USCIS standard is that if there was a guilty plea, conviction after trial, or even an allocution prior to a successfully completed deferral, a dismissal, expungement or pardon will not change their treatment of the charge as having resulted in a conviction unless it was predicated upon a finding of factual innocence.
    e-Verify is not supposed to have access to the Federal Criminal Justice System Files. How did that happen?

    Article 4 Section 1 Clause 1:

    "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."

    Although the last part says Congress has control over the matter, they cannot disrespect the Judicial FINDINGS of the States. If you Record is expunged, Congress cannot circumvent that, they are forced by 4-1-1 to RESPECT the DECISIONS of the State BENCH.

    What you said violates the RULES and that needs to be CORRECTED, if you are correct?

    Ribbit

    Ps: It may not be Congress that's to blame. Your State Police Criminal Records in the State Police Computer Systems aren't being expunged, so e-Verify may be getting their information from the State Police Computer System instead? I don't know but I do know e-Verify is not supposed to have UNFETTERED access to your Federal Files, only the Federal can have access to that.

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