Legal Question in Construction Law in California

Intense Background Check

I had my background check pulled by someone to use against me in court for Custody. I never gave this person permission and the report included how much I sold my houses for when , my parents and the value of their house. Tickets from 10 years ago..


Asked on 7/09/09, 6:11 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Intense Background Check

First, I think you may have posted this in the wrong section - this is the Construction Law section. I think you may have intended to post this to Family Law Section. In any event, of the information you list, all of that is public record EXCEPT possibly the traffic tickets from 10 years ago. Real estate sales dates and prices are public record. Values are extrapolated from the public record of sales of comparable home values in the area. Your parents names are also public record - they are on your birth certificate which is available to anyone at the County Recorder's office. It is very scary to realize how much of your personal information can be obtained without your permission and/or knowledge, and it is perfectly legitimate. According to the Wall Street Journal article two days ago, mathematical models can probably even predict your exact social security number.

As for the traffic ticket records, 10 years ago in California they were public record, so they might have been able to access them legally. If you lived in another state at the time, that state's infractions may also be public record today, and were legally accessed. I don't think, based upon what you have posted, that you have any basis for a claim. Your attorney in the Custody matter should have objected to the introduction of the report if it was not relevant to custody, and/or if it was illegally obtained.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/09/09, 6:42 pm


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