possable termination over missinformation on background check.

[ole23]

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

I have worked for the same company for 11 years now, and was asked to take a promotion. I was told i would have to take a background check before i could get the job. They stated that the reason for the back ground check was "I will be employed in a role that requires handling/selling firearms." I disclosed a M1 -class 1 misdemeanor- that i got in Ohio over 15 years ogo-2919.22(A) that i plead no contest to. I was charged with a felony at the time also but it was dismissed. The report is online and is easy to find. The background company said the charge was a felony. I contacted an lawyer about the misinformation on the background check, and have sent them paperwork stating the felony is "dismissed with prejudice" but they say their findings will probably stay. My lawyer says i have a very good case against the reporting company (GSI) and is getting the FCRA involved as well. My employer wants me to put everything in writing and sign some paperwork. I am not giving them anything that they can use latter against me. I learned that lesson 15 years ago. The reason for my possible termination is the grounds that i can not handle firearms, but without the felony, i don't see how a misdemeanor can stop me from handling/selling firearms. Firearm laws are out of my scope of understanding. Any advise would be helpful to me.

Thanks.

 

[BigMouthWino]

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

I have worked for the same company for 11 years now, and was asked to take a promotion. I was told i would have to take a background check before i could get the job. They stated that the reason for the back ground check was "I will be employed in a role that requires handling/selling firearms." I disclosed a M1 -class 1 misdemeanor- that i got in Ohio over 15 years ogo-2919.22(A) that i plead no contest to. I was charged with a felony at the time also but it was dismissed. The report is online and is easy to find. The background company said the charge was a felony. I contacted an lawyer about the misinformation on the background check, and have sent them paperwork stating the felony is "dismissed with prejudice" but they say their findings will probably stay. My lawyer says i have a very good case against the reporting company (GSI) and is getting the FCRA involved as well. My employer wants me to put everything in writing and sign some paperwork. I am not giving them anything that they can use latter against me. I learned that lesson 15 years ago. The reason for my possible termination is the grounds that i can not handle firearms, but without the felony, i don't see how a misdemeanor can stop me from handling/selling firearms. Firearm laws are out of my scope of understanding. Any advise would be helpful to me.

Thanks.

In order to preserve your dispute rights under the FCRA you will need to place your dispute in writing to both your employer and the background check company anyway, so get it done. Keeping the job is far more valuable than any potential FCRA lawsuit you may be envisioning.

 

[ole23]

Thanks for the replay. I already called the reporting company and faxed a dispute letter to them along with a copy of the case details. I got a lawyer just to protect my rights, not make a million dollars. should i put in writing that i am just disputing the charge and that's it? I'm Nervous about putting anything in writing that could be used latter. I guess it cant hurt to say I'm disputing the reporting company's findings.

again thanks.

 

[RedemptionMan]

Thanks for the replay. I already called the reporting company and faxed a dispute letter to them along with a copy of the case details. I got a lawyer just to protect my rights, not make a million dollars. should i put in writing that i am just disputing the charge and that's it? I'm Nervous about putting anything in writing that could be used latter. I guess it cant hurt to say I'm disputing the reporting company's findings.

again thanks.

The problem is reporting agency's can and do report what is on the docket rather or not you were convicted is secondary where as state background checks only report convictions. The charges alone can and do cause problems regardless if the case was dismissed with or with out prejudice or even if the charges were nol. prose. Some misdemeanors do interfere with gun rights though and depending upon what you were actually convicted of this can cause a problem. Most states allow for an expungement of criminal charges that do not result in a valid conviction which is something that you should have done after adjudication since this is not usually automatically done. All you can do is ask them to fix it but without having the charges expunged from the convicting court they are probably going to have their report stand. Your best bet is to try and get the whole thing off if it was your only conviction and get on with your life. Polish your resume cause you are probably going to be looking for another job soon and then in the future do not disclose information that is no longer on your background. Good Luck.