Can I sue for inaccurate background report?

Question

I successfully interviewed for a job and most likely had the job until my background check came back with Armed Robbery,Sale of Narcotics which I was not convicted of...this was not the first time this happened,and the state(CT) were to resolve the matter 2years prior of this date.Because of them not correcting this I'm denied employment....Can I sue for damages due to lost of possible income?

Answer 1

go to freeadvice.com most posters are lawyers and would be better equipped to answer your questions.

Answer 2

Yes - providing you were never charged with these offences.

Some background checks as for convictions only, and some ask for a full report - which would include prior arrests without conviction. It depends on the type of job.

See the police department's legal department - they all have one - and sit down to discuss this. They will issue you a letter if a true error has happened, and in that letter have them state they are going to fi the matter. Bring this to the employer who interviewed you - maybe all is not lost. Also, it will be a useful tool if they don't fix it.

Answer 3

States are generally immune from suits for money damages. Whether this case may be an exception to the general rule, I don't know.

In my state, there is a claims board that can make money awards against the state in some kinds of cases.

I suggest you contact the state attorney general for (free) information about claims of this kind against the state of CT. Good luck.

Answer 4

Who would you sue? I mean who is the first person responsible for the screw up? For all you know the secretary down at the local court house made the flub. She would be ultimately the one who is responsible but chances are she only makes 10 bucks and hour. You wouldn't really get anything out of that. Of course...if you could sue the county because that is who she works for, than maybe.

I suppose your first step is to see how to go about finding out who is responsible...go from their if you think it will be worth your time, effort and money.

Answer 5

I know its a pain, but you have to work to get those items off of your record. If you can prove it was a mistake and you interviewed so successfully that company would most likely want you to be a part of it. That happened to a friend of mine. All is okay now.

Answer 6

It will be hard to prove since you did not get the job. You don't know if you were denied the job because of your qualifications or because of the inaccurate background report.

Answer 7

Yes;

But not for damages due to loss of income. You may be able to sue for pecuniary damages. Likewise, contact your local lawyers' office for further details.

Answer 8

nope. it might not have stated that you were convicted, but it said you were arrested for it. and thats enough for anyone to go on. if its that important, you need to file for a request to have these items "expunged" ( wiped completly off) it takes time and money to get done, but can be helpful in the long run
if you werent arrested for these, then you need to get documentation that they admit to the mistake and that it ws a clerical error. and show it to any future employer

Answer 9

Yes you can- And don't delay most things have time limits as to when you can't sue or colect any conpence anymore so go call your laywer right now and he should be able to hel p you (or she)

Answer 10

My advice is to hire an attorney. A better forum for this question is www.findlaw.com. I doubt anyone on this forum very knowledgeable on the intricacies of this type of law.

Answer 11

Yeah, you can but without the right shyster you won't win. Has a lot to do with your race too. That word "possible" is not going to cut it either.