Common name

[makeugohmmm]

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

I have a common name. Think John Smith. But obviously not that. Anyway, I have a cousin with the exact same first middle and last name as my own. She gets in a lot of trouble. Most notably she has two DWIs. I am trying to be a teacher. I applied for and got a job at a school district, they hired me pending a background check. My background check has taken an abnormally long amount of time to get back, and obviously the place that hired me is getting nervous. The place that hired me told me I have 30 days to figure it out or I will be unemployed. I called the background check place, and it turns out that my name and my cousin's name are getting all confused in their background check. So, according to them, I have two DWIs on my record at this point. I told them I needed to get it cleared up within 30 days. They told me they have a lot of people in front of me and it will probably take longer than that. I ran my own record check and you can see the birthdays are different. What can I do to clear this up, this is going to be an ongoing problem with me in the future, and I do not want it to affect my teaching license. Is there any way to compel this background check place to get it done quicker? I am going to be without a job soon.

 

[quincy]

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

I have a common name. Think John Smith. But obviously not that. Anyway, I have a cousin with the exact same first middle and last name as my own. She gets in a lot of trouble. Most notably she has two DWIs. I am trying to be a teacher. I applied for and got a job at a school district, they hired me pending a background check. My background check has taken an abnormally long amount of time to get back, and obviously the place that hired me is getting nervous. The place that hired me told me I have 30 days to figure it out or I will be unemployed. I called the background check place, and it turns out that my name and my cousin's name are getting all confused in their background check. So, according to them, I have two DWIs on my record at this point. I told them I needed to get it cleared up within 30 days. They told me they have a lot of people in front of me and it will probably take longer than that. I ran my own record check and you can see the birthdays are different. What can I do to clear this up, this is going to be an ongoing problem with me in the future, and I do not want it to affect my teaching license. Is there any way to compel this background check place to get it done quicker? I am going to be without a job soon.

Explain to the school district the problem as you have outlined it here.

 

[Zigner]

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

I have a common name. Think John Smith. But obviously not that. Anyway, I have a cousin with the exact same first middle and last name as my own. She gets in a lot of trouble. Most notably she has two DWIs. I am trying to be a teacher. I applied for and got a job at a school district, they hired me pending a background check. My background check has taken an abnormally long amount of time to get back, and obviously the place that hired me is getting nervous. The place that hired me told me I have 30 days to figure it out or I will be unemployed. I called the background check place, and it turns out that my name and my cousin's name are getting all confused in their background check. So, according to them, I have two DWIs on my record at this point. I told them I needed to get it cleared up within 30 days. They told me they have a lot of people in front of me and it will probably take longer than that. I ran my own record check and you can see the birthdays are different. What can I do to clear this up, this is going to be an ongoing problem with me in the future, and I do not want it to affect my teaching license. Is there any way to compel this background check place to get it done quicker? I am going to be without a job soon.

Have you taken the background check that you ran in to the HR folks at the district and explained the matter?

ETA: Yeah, what Q said.

 

[makeugohmmm]

Explain to the school district the problem as you have outlined it here.

I told them when I was hired about my cousin. I've also told them about my own check. They only want to go through their background place and basically told me to handle it. Even if I end up losing this job (which would be awful) I still want to take steps to make sure my cousin and I aren't tangled together. I'm a teacher...this is my first teaching job and I won't be able to get any jobs if background places continually put the two of us together!

 

[Zigner]

I told them when I was hired about my cousin. I've also told them about my own check. They only want to go through their background place and basically told me to handle it. Even if I end up losing this job (which would be awful) I still want to take steps to make sure my cousin and I aren't tangled together. I'm a teacher...this is my first teaching job and I won't be able to get any jobs if background places continually put the two of us together!

If the report comes back showing items with a different birth date, then the district should realize that it's a different person.

 

[quincy]

I told them when I was hired about my cousin. I've also told them about my own check. They only want to go through their background place and basically told me to handle it. Even if I end up losing this job (which would be awful) I still want to take steps to make sure my cousin and I aren't tangled together. I'm a teacher...this is my first teaching job and I won't be able to get any jobs if background places continually put the two of us together!

If you applied for a teaching position, the school district will be running an FBI background check. Fingerprints will work to separate your cousin's criminal history from your history. I know of no way to speed up the process.

 

[makeugohmmm]

If you applied for a teaching position, the school district will be running an FBI background check. Fingerprints will work to separate your cousin's criminal history from your history. I know of no way to speed up the process.

It's a private school. They are aware of the problem and that it's not me, but for some reason they want the clean report back in the next 30 days. I don't know if they think I'm making it up or what? I've worked here 5 months already. No issues. Great employee. Isn't 5 months a little long to check the birthdays?

I guess there's nothing I can do in the future to untangle myself?

 

[quincy]

It's a private school. They are aware of the problem and that it's not me, but for some reason they want the clean report back in the next 30 days. I don't know if they think I'm making it up or what? I've worked here 5 months already. No issues. Great employee. Isn't 5 months a little long to check the birthdays?

I guess there's nothing I can do in the future to untangle myself?

You could legally change your name.

Providing fingerprints is part of the application process for teachers (both public and private) in Minnesota. An FBI background check is conducted or a background check through the Bureau of Criminal Apprehension.

A link to the law: https://www.revisor.mn.gov/statutes/?id=123b.03

Bureau of Criminal Apprehension: https://dps.mn.gov/divisions/bca/Pages/background-checks.aspx

 

[makeugohmmm]

You could legally change your name.

Providing fingerprints is part of the application process for teachers (both public and private) in Minnesota. An FBI background check is conducted.

Yes. What is really crazy is I worked at a CASINO for years before this and passed their background checks no problem. I'm inclined to think this background check place they're using isn't that good...

 

[makeugohmmm]

This is completely off the wall, and if I'm way off base just tell me. Is there anyway to send a letter to the background check company from a lawyer or something asking them to please determine one way or the other in a timely manner. After speaking with them over the phone I know the report won't come back in time and I'm going to lose my job over something I have ZERO control over.

 

[quincy]

This is completely off the wall, and if I'm way off base just tell me. Is there anyway to send a letter to the background check company from a lawyer or something asking them to please determine one way or the other in a timely manner. After speaking with them over the phone I know the report won't come back in time and I'm going to lose my job over something I have ZERO control over.

Last I checked, FBI background checks were taking 12 to 14 weeks to process. I know of no way to speed this up.

 

[Zigner]

Yes. What is really crazy is I worked at a CASINO for years before this and passed their background checks no problem. I'm inclined to think this background check place they're using isn't that good...

I think what you are missing is that schools must do the background check through the state directly, specifically, the Bureau of Criminal Apprehension. If that's not who they're dealing with, then they're probably doing it wrong (I haven't researched deep enough to see if the Bureau subcontracts this out.)

 

[makeugohmmm]

Last I checked, FBI background checks were taking 12 to 14 weeks to process. I know of no way to speed this up.

We're at week 22.

 

[makeugohmmm]

I think what you are missing is that schools must do the background check through the state directly, specifically, the Bureau of Criminal Apprehension. If that's not who they're dealing with, then they're probably doing it wrong (I haven't researched deep enough to see if the Bureau subcontracts this out.)

I'm not sure either. Maybe it's different because it's a religious school? I can give you the name of the background company if you'd like, but I'm not trying to bash them on a public forum. I just REALLY want to get this taken care of and keep my job.

 

[Zigner]

Ok, I read further and yes, they are allowed to use third-party contractors. However, according to state law (https://www.revisor.mn.gov/statutes/?id=13.04#stat.13.04.4), the background check agency shall investigate and correct inaccurate information within 30 days...not "if they've got time"...SHALL. They could also report back that they feel the information is accurate. I believe this is why the schools is giving you the 30-day time limit. Keep pushing the background check folks...make sure they follow the law!