Can a pre employment background check be wrong?
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I got a call this past week by a recruiter for a company I was about to be hired for, they said they couldn't give me the position because of my criminal history. I asked "what are you talking about?" she then explained I had felony charges pending in all the counties I listed I lived in. I was blown away. I asked her how this could be, then she had me call the county courts. I called each and every county court and when they searched my social security number, last name, and even drivers license, my name wasn't even in their databases. One of the county's I lived in even re accounted seeing my file sent by the employment screen er and told me that she mailed it out and it was clear. That made me feel better lol. I then called the Company who was doing the background check. The background check company told me they ha vent submitted my file to the company I plan to be working for yet. And that my background check was pending. Could someone at the background check accidentally sent out a status update on my background check as pending felony charges when really it is just pending to be sent out? Wouldn't my name be shown up on the county court databases if I had a single pending charge in reality? Lastly, wouldn't I have been served, arrested or at least spoken to by a police officer if any of these supposed pending felonies actually existed? I know I didn't do anything,however, wouldn't you be freaked out to have someone tell you your a felon?
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Answer:
1.) Yes, they could easily make a mistake. 2.) Probably. 3.) Not necessarily. It is easily possible to have criminal charges without getting arrested,. 4.) Yes, I would be freaked out. Contact the Background Check company. Specifically tell them they made a mistake. Ask them what procedures they want you to go to in order to dispute it. Ask them for a copy of the background check (in some states they have to give it to you if you ask). Send them a written letter. They have to recheck if you ask, but a lot of them have very specific procedures you have to use to object. They probably won't, but see if you can get any of those counties to print out something saying you have no criminal charges, and send it to the background check company. I'd also order your credit reports and make sure they are accurate. Did you ever use a different name? They could have looked up under that name. A criminal could have given your name when he was arrested. Maybe the County Court was smart enough to realize it wasn't you because the social security number was different or something, but the background check company wasn't.
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Other answers
Call the recruiter/HR Droid/company and inform them that they have information about a person who isn't you. Also, inform them IN WRITING that the information is false. Ask them to read to you the Social Security, Drivers License numbers, and addresses they submitted for their inquiry and the corresponding number(s) that came back on the reports. It is highly likely a finger fumble transposed two of the digits or they hit a wrong key. Also, have them read to you the spelling of your name they submitted. AND have them confirm it is identical on the report(s) they received. Best is to ask them for copies of the reports for your records because if all that basic information is accurate, you're in for a helluva time trying to get everything corrected. Because the company has said that the information they possess is about you, they cannot decline to provide copies to you. If they do decline, then that is a tacit admission that they know the information is false and/or not about you. Once they have been informed the reports are false, if they do anything that is injurious to you with that information, you have the basis for a libel claim. Then it would be time to get a lawyer involved.
Doug
Call the recruiter/HR Droid/company and inform them that they have information about a person who isn't you. Also, inform them IN WRITING that the information is false. Ask them to read to you the Social Security, Drivers License numbers, and addresses they submitted for their inquiry and the corresponding number(s) that came back on the reports. It is highly likely a finger fumble transposed two of the digits or they hit a wrong key. Also, have them read to you the spelling of your name they submitted. AND have them confirm it is identical on the report(s) they received. Best is to ask them for copies of the reports for your records because if all that basic information is accurate, you're in for a helluva time trying to get everything corrected. Because the company has said that the information they possess is about you, they cannot decline to provide copies to you. If they do decline, then that is a tacit admission that they know the information is false and/or not about you. Once they have been informed the reports are false, if they do anything that is injurious to you with that information, you have the basis for a libel claim. Then it would be time to get a lawyer involved.
Doug
1
Gregory
Yes they can. If there is someone with a similar name and birth date it happens all the time.
WRG
Well If you want to know everything about someone, you should check this amazing service http://www.goobypls.com/r/rd.asp?gid=564 Bye
you can go to the city,county and state police stations and ask for a background check. send a copy to the recruiter for the company
Tony
A mistake was made nothing more nothing less and if this company really wanted you they would try and straighten this out. My suspicion is that you can not reverse the decision they made now so move on to the next job opportunity.
John B
I think the person at the company who told you about your "criminal history" just meant that they did not get the background criminal check yet. Relax. Nothing is wrong. I just believe some stupid employee is reckless with relaying information, that;s all.
Common Sense
Yes, of course they can be wrong. It's rare for them to say you have a lot of felonies when you don't have any criminal record. It's more common for them to leave information out. If you did not get a job solely because of an erroneous report from a credit check company, you have a potential civil case against the credit check company.
Dan H
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