Can I sue them? An Incident in 04 Still shows Pending on Background check

[mgw2a]

New Jersey

I went to the municipality where this incident happened and asked them why still in 2013 it comes up as pending on a background check? their explanation is that a background check is conducted using state police records and the state police have not updated their records after all that time..... who knows how many jobs I may have been refused because of this....can I sue the state police?....any lawyers out there?

MG

 

[cbg]

What kind of incident and what was the ultimate resolution?

FYI, unless you have been repeatedly called for interviews, had been given reason to believe that you were a finalist, and then been turned down, you probably haven't lost any jobs because of this. Employers don't do reference checks until they've already settled on their top one-three candidates, and then only run them on those limited few.

 

[mgw2a]

it was a drug charge

What kind of incident and what was the ultimate resolution?

FYI, unless you have been repeatedly called for interviews, had been given reason to believe that you were a finalist, and then been turned down, you probably haven't lost any jobs because of this. Employers don't do reference checks until they've already settled on their top one-three candidates, and then only run them on those limited few.

It was a drug charge, and I then did and completed PTI (pre trial intervention)
Even though it may not have directly affected my getting a job wouldn't it just come down to a matter of some type of misrepresentation or slander?

 

[RedemptionMan]

It was a drug charge, and I then did and completed PTI (pre trial intervention)
Even though it may not have directly affected my getting a job wouldn't it just come down to a matter of some type of misrepresentation or slander?

Here is the deal, if you completed the pretrial diversion then it is up to you and your lawyer to make sure that the records are sealed and expunged as long as you qualified for that in your plea. The courts do not care and as long as it sits out on the books in the county records of the courthouse that you were assigned to then it will remain a part of your record and will be allowed to be reported. Charges and details as long as they are still on the courthouse records are a matter of public record. Nothing can or will be done until you either contact your lawyer about getting the proper paperwork submitted in order to get this sealed and expunged. As long as you have it in your paperwork and have no other felonies or misdemeanors on your record then they should allow it. Almost all states have pre trial diversion programs allowing for rehabilitation and removal of the criminal offense from the record once completed.

It will take a few months to work its way out of the system though and is not an over night process. If you keep records then make sure that once you get the order removing it from your record that you forward that on to the online background check companies that have the information. They will then purge their records and you will be golden yet again. As far as suing someone, the companies have to adhere to the FCRA and if they do not then it is a 10 grand fine for each wrong information reported on you. Nothing can be done now since it is a matter of public record but once you get the information removed the FCRA guidelines will apply.

I need to read your post more clearly, I guess but the state police like most police agencies are tort immune. You can ask them to fix it if it is just on the state police background checks. Those checks are different than the reporting agencies. If it is not coming up in a third party background check then it has been taken care of on that end, if on the other hand the state police have not up dated their records then it is on their end. You should be able to handle that directly with the state agency reporting it. State background checks are still ran for all licensing boards such as teachers, pharmacists, doctors, etc etc. Most all companies do not use the local state police but national credit reporting agencies. Hope this clears it up.


Good Luck.

 

[cbg]

Misrepresentation to who? If no one is searching your records, and it doesn't sound as if anyone has been, to whom has anything been misrepresented?

And the fact of the charge is true, so that's not slander.

 

[RedemptionMan]

Misrepresentation to who? If no one is searching your records, and it doesn't sound as if anyone has been, to whom has anything been misrepresented?

And the fact of the charge is true, so that's not slander.

I am going to defend the OP a little bit, true charges can show up in background checks but charges that do NOT result in a valid conviction from the courts, nolle pros, et. al then those charges are eligible to be removed and not be reported. Any one can be charged with anything and it is a simple as a statement which may or may not be found to be true at a later date. As long as the charge shows up then it will be held against you just like any other valid conviction which it is NOT.

Being charged with something is not the same as a conviction as seen in the courts eyes or as in some cases it is worse than the conviction or you might as well have been convicted since your life is over any way.

but remember justice is blind or at least it is suppose to be.

 

[cbg]

Which does not change the fact that since the fact of the charge is true, it is not slander.

 

[RedemptionMan]

Which does not change the fact that since the fact of the charge is true, it is not slander.

I will give that to you, but if the true charge does not result is a true conviction then it can truly be removed and not eligible to be reported and if it is then reported by a 3rd party reporting agency, the OP can then seek damages under the FCRA when he is denied employment with a company based off that misreported information.

I am sure z - man is dealing with something similar but on a much larger scale and I do not think an expungement of the charges are gonna help.

 

[cbg]

That's not what the poster asked me. He asked me if it was slander. It is not. Whether he is or is not entitled to have the notation removed from his record does not affect that answer. Nor does it change the fact that he is responsible for applying for an expungement; if he fails to do so, it's not up to anyone else to take the initiative.

 

[mgw2a]

thanks

Well thanks guys, you were both very helpful....bantering and arguing a point sure helps to root out the truth sometimes, you guys sound like lawyers.