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Inaccurate Background Check

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james DeGriz

Junior Member
What is the name of your state (only U.S. law)? Texas

I am having a problem. Applied to 3 jobs all were rejected. It seems someone w/ my name and B/Day was convicted of DWI and Drug Possession. I have gone to DPS and gone through my background w/ fingerprints (clean). I will be applying to a University to teach; they will run a background.

Question. Can I request a formal background procedure be done as oppossed to a private company.
 


CavemanLawyer

Senior Member
Non-governmental agencies do not have direct access to the NCIC database. They can only use 3rd party background checks. Can you not just give them your social security number and ask that they verify it based on that?
 

smutlydog

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

I am having a problem. Applied to 3 jobs all were rejected. It seems someone w/ my name and B/Day was convicted of DWI and Drug Possession. I have gone to DPS and gone through my background w/ fingerprints (clean). I will be applying to a University to teach; they will run a background.

Question. Can I request a formal background procedure be done as oppossed to a private company.
You need to go to the county where someone used your information after being arrested. You need to get this problem corrected
 
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CavemanLawyer

Senior Member
I don't think there is any problem to correct with the court. There are many people in this country that have the same name and date of birth. The NCIC database (and local state databases) contain much more information then just the name and date of birth so there is no problem distinguishing between two such people. But private background checking services might not be as sophisticated and more to the point, the entities doing the search might not be searching very thoroughly. When applying for jobs you just need to make sure that they search for the correct person with that name and DOB.
 
When you apply, tell the University that you expect there may be a false positive, and that you'd like them to notify the background company to be particularly careful to verify.

In Texas, you must be given a copy of the background check after it has been run and given a chance to correct any improper information. Thus, if the check comes back with a problem, make sure you document that the information is incorrect and ask for verification again.

In all likelyhood, you are going to have to go to the court where the conviction was entered, and get a copy of the file. The court case will be on any of the background checks you've already experienced. You'll then be able to provide the file to the background company to assist with correcting any improper information that is issued.
 

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