how to correct "the record"

[Zigner]

I suspect that, with payment of a fee, the information will go away...the problem is it is in so many places that it will be like playing whack-a-mole.

 

[quincy]

Thanks, CavemanLawyer, it appears it really was that simple. S1's identity was proven with her fingerprints, her warrants quashed, and the arrest records corrected in the IL database. She still is willing to get a lawyer, but things seem to be order at the moment.

Not so much S2. As FlyingRon noted, S1 has no say in the matter. The damage is done. Seems the police were pretty great on reiterating what we're all thinking.

The problem now, is the Information Brokers; the websites people may use as a background check. It appears they are under no obligation to “maintain” said records. They post what they are given at the moment. If any info is incorrect, she must notify them each directly and hope they fix it. No idea how often that info is refreshed.

quincy, thanks for the links. One look at the first one and she was definitely getting a lawyer. (Consultations are cheap, folks) How you so easily find and post resources, always amazes me. Went through a lot of google nonsense, because I was not asking the right questions. And, thank you for so eloquently having my back with zoodah. Nicely done.

Thanks again and I'll update if anything warrants it, lol

The “information brokers” are required to correct misinformation when presented with correct information, but many background check company reports come with disclaimers that state that the information provided is not guaranteed to be accurate and may include information gathered based strictly on same names, or on outdated or not updated court records.

A background check report ordered by an employer, therefore, could contain erroneous information only because an applicant has the misfortune of sharing the same name with a crook, even when there has been no identity theft. Careful employers will verify information (it can be as easy as noting that birth dates are different) but not all employers are careful.

If an employer denies employment based strictly on a background check report, however, the employer needs to provide the applicant with the name of the background check company so the applicant can contact the background check company to make corrections.

What S1 should do is run her own background check on herself to see what pops up. She should also check her credit reports (from Experian, Equifax, TransUnion) and correct any misinformation appearing on these reports, as well.

Unfortunately, it is left to the identity-theft victim to clean up the mess the identity thief has left behind. It can be possible to sue the identity thief for damages but the time spent by the victim in making corrections is not compensable.

It would be nice if you can return with any updates later. We are always interested in how things turn out.

 

[jenn19]

I suspect that, with payment of a fee, the information will go away...the problem is it is in so many places that it will be like playing whack-a-mole.

Yeah-up

 

[jenn19]

That was my initial concern. Covid turned each of my parents (80+) into little internet sleuths. They have a better comprehension of their children's records than we do. Even the white pages will give you info for 99 cents a "record"
As much as I admire law, the more I don't like the way it's executed. I'm going to make a sign to put in my window

 

[quincy]

That was my initial concern. Covid turned each of my parents (80+) into little internet sleuths. They have a better comprehension of their children's records than we do. Even the white pages will give you info for 99 cents a "record"
As much as I admire law, the more I don't like the way it's executed. I'm going to make a sign to put in my window

It is good that your parents are internet savvy. There are too many people (young and old alike) who give away personal identifying information with no thought of who they are giving it to or how it might be used.

The laws are what they are - and with time and effort, bad laws can be changed. It is often how existing laws are applied that can be frustrating.

Good luck with record-correcting. I hope S2 will straighten up.

 

[jenn19]

Maybe its my own fault for posting third party business, but I gave the facts with permission. The immediate response was get a lawyer. All of you.

S1 was the victim. Caveman gave us the best response.

 

[quincy]

Maybe its my own fault for posting third party business, but I gave the facts with permission. The immediate response was get a lawyer. All of you.

S1 was the victim. Caveman gave us the best response.

Caveman almost always provides the best responses.