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  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default False Criminal Records

    My question involves defamation in the state of: Washington
    On May 18, 2009: Job app question... Have you been convicted of a felony (excluding misdemeanors) in the past 10 years? Answer, No (I do have a misdemeanor). I received phone call from manager of company later that evening, informing me that I had 4 felonies on my record. I told her that I don't have any felonies and would prove it. She told me that they would not be hiring me (suppose to start next day) due to the results. I picked up the report from them, went to Pierce Co. courthouse and was told I had no felonies. I showed them the report:
    WA DOC stated my misdemeanor.
    WA AOC stated 4 felony counts with a guilty plea to all 4 felonies.
    Pierce Co. Superior Court said that was not in their system (up to date) and told me to have the employer (already hired someone else) contact her and she would let them know that I did not have a felony on my record. She told me that I would have to contact the company that did the check. I did and have sent in the reinvestigation request paperwork. According to the FCRA, they have 30 days to complete my request. I lost a Property Management job and an apartment over these false results and am struggling to stay off the streets in a hotel. What rights do I have regarding this situation?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: False Criminal Records

    Mistakes happen. The background check company very likely included disclaimers about possible errors in its report, to cover possibilities like this.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: False Criminal Records

    I understand mistakes can happen. According to the FCRA, CRAs are required to ensure accuracy and completeness of public record information that may negatively affect an applicant or employee.

    Update regarding my reinvestigation request to CRA:
    I just received a letter from the CRA stating, "Based upon the documentation received, we have completed your request for a reinvestigation of your consumer file. Enclosed is an updated copy of your consumer file, which reflects any changes made as a result of our reinvestigation."
    I am no longer a 4x felon, now I just have 1 felony.
    My reinvestigation request to the CRA consisted of court documents stating 1 misdemeanor and NO felonies. This should have cleared everything up. So how and why do they still show me with a felony?

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