False Criminal information on background check

[mejallen]

What is the name of your state (only U.S. law)? NJ

I live in Dallas TX but a recent background check shows criminal information related to another person with the same name and birthdate in NJ.

Background check info:

Case Number
XXXX
County
XXXXX
Court Jurisdiction
Superior
Dob
XXXXXX
File Date
XXXX
Full Name
xXXXXXXX
State
XXXXXX
Charge
Operate Motor Vehicle During Second/Subsequent DRIVING WHILE
INTOXICATED - 4th Degree - (Indictable Offense)
Charge Type
Indictable Offense
Disposition
Plead Guilty
Disposition Date
XXXXX
Sentence
Probation: 1 year Jail: 74 days Prison: 180 days Sentence date: XXXX

I let the background check company know this is not related to me and I haven't spent time in XX and they are asking me to provide documentation for proof. I was unemployed during this time so I can't provide proof of working in TX during this period. I have tried to search arrest records for mugshots to submit with a copy of my drivers license to prove we are not the same person but I'm not having luck.

I appreciate any advice.

Thanks,

 

[HighwayMan]

Firstly, it's not smart to post your name here.

Secondly, different background check firms can get be doing different things with the criminal justice information they get from databases.Just curious, have you tried running a check through a different firm?

Even if you could prove you lived and worked in Texas during the time in question that is not proof that you didn't take a trip to NJ and get arrested. You would need to get additional information on this other person which shows that it isn't you. Have you tried contacting the court of record in NJ?

 

[quincy]

What is the name of your state (only U.S. law)? NJ

... I let the background check company know this is not related to me and I haven't spent time in NJ and they are asking me to provide documentation for proof. I was unemployed during this time so I can't provide proof of working in TX during this period. I have tried to search arrest records for mugshots to submit with a copy of my drivers license to prove we are not the same person but I'm not having luck ...

You can file a Freedom of Information request with the New Jersey agency holding the arrest records, requesting a copy of the arrest record and the mug shot. Counties in New Jersey are handling the release of mug shots in different ways, however, and some agencies are refusing to release mug shots, claiming they are exempt from disclosure under privacy laws. I don't know offhand how Ocean County agencies treat mug shots.

Here is a link to New Jersey's Open Public Records law followed by a sample Freedom of Information Act (FOIA) request form:

http://www.state.nj.us/grc/act.html

http://www.nfoic.org/new-jersey-foia-request

Good luck.