I have never committed any criminal act. I just moved to another state. After 6 months of not been able to find work, I contacted one of the company that I applied for requesting what the reason was that I didn't receive the job, they told me because I lied on my application saying I have been arrested twice and convicted. I did a background check under my name and it came up. as a result of that false accusation, I am now in debt, and now able to pay bills. Can you give me any advise on what to do?
2 Answers from Attorneys
The results of the background check will show the name and date of birth of the individual who they are mistaking for you. Hopefully, it is the same name, but a different date of birth, and different addresses that you have never lived at. Perhaps you should hire a private investigator to look into why this is occuring.
I recommend you contact the company or governmental agency that provided you with the background check and notify them that your record is wrong. Ask them what their process is to contest an inaccurate record. They should be able to assist you in getting things cleared up. Even if they clear your record, so long as it's improperly recorded with the Clerk of Court, you're likely to run into a problem. As such, I suggest you hire a lawyer in the county where the record originated to file the necessary pleadings with the court to have the record corrected. This may require appearing in person before the judge or in some cases, you may be allowed to present an affidavit along with a finger print card that can be used for comparative purposes versus those that are on file for the person who actually perpetrated the offenses.
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