Ok, its sounds simple but this month my parents decided to move so they been in the process of looking for an apt. they found one place paid $120 in applictaion fess, and were told that we weren't going to be accepted because their son, me 22 had a felony. Now I've never been in jail, and I haven't done anything serious other then not paying some traffic tickets maybe two....anyso those wouldn't be felonies, all I'm asking is can I have one and not know it, they said we can have the application fee since I have a felony, this is insane, are they just stiffing us for the money, which isn't alot, but I'll be damn if they are just lying to keep it...
2007-07-19
22:47:32
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14 answers
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asked by
Joule
4
in
Politics & Government
➔ Law Enforcement & Police
I said can, but I meant they said we CAN"T have the application fee back....
2007-07-19
22:48:46 ·
update #1
also i got this extensive BG check six months ago for a job, and got the job with no problem, so whatever has happened, its been recent?
2007-07-19
22:53:11 ·
update #2
and where would i request this, how? Hello I heard i have a felony?
I don't know how someone can be charged so, and not know it, a felony is major! isn't is?
2007-07-19
22:56:01 ·
update #3
Ok last add on.....maybe they messed up, so what i should do is go to the police dept, and ask, no i never been arrested, not once.....i think the apts are stealing money, we called an hour later and they said the last apt was already rented out...
2007-07-19
22:57:58 ·
update #4
THANKS to everyone everyones post was detailed and helpful I think they made a mistake, and I will go to the courthouse tommorrow, I live in Houston. and this really bothers me, and no I have never been in jail.
2007-07-19
23:17:04 ·
update #5
Either the landlord is trying to steal the deposit or someone has stolen your ID. You can ask the sheriff of your county to run your name and use that as proof that you do not have a record. You can't have a felony on your record without knowing about it. You would have been at the trial and gone to jail. I think he is just scamming you. Did he show your parents the report? I'll bet not. He is required by law to show it to them.
2007-07-20 00:24:35
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answer #1
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answered by arejokerswild 6
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The question is, have you ever done anything illegal? If you haven't, then the answer must be a no.
If you have, but were not caught as far as you know, then you need to investigate where these allegations are coming from. The best thing to do is contact the local police station and just ask. Might be a little risky if there is a chance that something you've done in the past has been caught, but showing that you want to clear this all up would look better in court if it ever gets that far.
As for everything else, those people may have did a background check on you and gotten incorrect information. They might have written your social security number down wrong and gotten someone else's criminal history. If that is what happened, then they are wrong to deny your parents the property and wrong to keep the fees. Your parents can sue if you can prove they made a mistake. Also, if these people did not have your SS#, then that means they did the search purely on your name alone and they probably used a cheesy web site to do the search. In my town alone, over 55 people with my EXACT same name are listed on those sites. Many of them have criminal histories. Funny thing is, I live in a small town and have never met any of these other people with my exact name. But you'd think I would if there were so many of us, wouldn't you?
What I'm trying to say is, find out where they got their information from. If they refuse, sue them. You can allege that they are slandering your name as well as scamming your parents to get cash they have no right to. You can also check with your employer and ask them what areas of your background they check and what they found out exactly. Some might be able to help you in that regard, however, I would mention to your employers that you know this whole thing isn't true because you know you haven't done anything wrong. Even if you have, you don't want to lose your job because of it.
Basically, if you can, go to Legal Aid in your area if you can't afford a private lawyer. Legal Aid should be able to tell you your rights in this matter as well as direct you on how you can perform your own background check. I believe your problem is a case of someone with your same name doing the crime and these people weren't thorough enough to double check their information.
Good luck.
2007-07-20 06:04:30
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answer #2
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answered by Top Alpha Wolf 6
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This makes me furious! I will never pay an application fee again, I don't need to be a tenant if they are going to rip me off. This happened to me in Fort Smith. They charged $50 for permission to verify my employment history (no prob. they wanna know I can pay), local warrants check (no prob. who wants to rent to a criminal), Driving Record (don't know why, but no prob.), Previous Dwellings. They asked me to come back the next day and it should be done. I went back the next day expecting to get the key so I could start moving in. They said that I was denied because my credit rating wasn't high enough. I was furious that they performed a credit check without permission. No-WHERE on the application was there mention of a credit check -- which I reminded them and demanded my money back. They told me the fee wasn't refundable and that I was to leave the premises and never return even to visit. I said that I wasn't leaving till they gave me back my money. She left the office a moment then came back with two other people. They said that if I didn't leave they would call the police and say I threatened them (which wasn't true). I left and called the police to report the incidence, they said I was welcome to file a complaint, but there was nothing they could immediatly do to force them to refund my cash. I never got down to the police station to file the complaint, and got into a better apartment for the same money with no application fee -- so it worked out better for me anyway. People BEWARE there are crooks out there like these that 'beat' lots of folks out of their money. I recommend that NOBODY ever pays these folks and when their apartment complexes are empty perhaps they'll get a clue and stop the non-sense!
Like others mentioned above, you can't have a felony on your record and not know it. Even if you didn't serve any jail or prison time you would have been on probation at the least. Your parents should be entitled to get their money back. The background check on you isn't accurate, and it's real easy to prove. Ask them crooks what SS# they used, ha, that outta' get them. You might even convince your new employer to give you a copy of your BG check and show it to the apartment manager. Sorry about the long explanation, good luck!
2007-07-20 12:25:34
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answer #3
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answered by highendsystems 3
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a felony is what is considered a "major" crime usually punishable by some type of jail term. Although it may be remotely possible, i find it hard to believe that you could have a felony conviction on your record without you knowing about it. Even so i don't think the apartment people are lying to you to keep the money. Most likely that there was a mistake, in the background check they did. Probably some information was entered wrong. to find out, all you need is to go to the courthouse and fill out a form give them your SSN. They should be able to look that up for you. easy. You may also be able to phone that information in. It is possible to have a felony warrant and not know. But you usually find out about it when the cops knock on you door.
2007-07-20 06:05:06
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answer #4
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answered by nicholas b 3
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No you can't have a felony without being charged with a crime. To be a felon you have to be a convicted felon and to be convicted means you have to show up for court on a crime you have commited then the judge will sentence you and if the charge at your sentencing is a felony, then you would be a convicted felon. Also I am not sure on this but I think you have to sign a paper stating that you have given your rights up..like your right to vote or to bear arms.
I think you are right...If the apartment manager or whoever you went to took any money for a background check, then I think you got ripped off and I would call the police station if I was you and tell them what happened.
Also where are you from? In the state of Iowa you can go to the Iowa Courts website and look up any criminal history you have. You may want to see if you can do that in your state.
Even If he has commited a crime and has not be caught for it, they can't charge him and write him off as a felon if he has not been convicted yet.
2007-07-20 06:02:20
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answer #5
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answered by Mom22 5
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You can go to the court house for your county and pay a small fee to look through public records under your name. If you do infact have a felony for a crime you didn't commit, you may be a victim of identity theft. You can not be listed as a felon unless a judge found you guilty of a felony. You can also look in the government pages of your phone book under courts or sheriffs office and there should be a number you can call to see if you have any warrents. They can't lie to you. Also get a copy of your credit report and check for fraud and identity theft.
2007-07-20 09:51:49
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answer #6
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answered by themeenk 2
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More than likely, provided you committed no crime, the apartment manager used a background website service which (1) aren't the most accurate and (2) as accurate as the person inputting or sorting through the information received. Go to your police department or state police and ask about getting a certified copy of your criminal history. You may have to pay $35-$50 for it but it will be a certified copy and will clear up any issues you might have.
2007-07-20 08:08:30
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answer #7
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answered by Judge Dredd 5
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A felony in America is a criminal record in England. You can;t have a criminal recort without having to hear your rights when you are arrested.
You can go to any police station and ask for a cetifcate saying that you have no felony.
p.s expect a bill from the Judge above me haha!
2007-07-20 08:45:50
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answer #8
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answered by David M 2
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All States want their felons imprisoned, have you been to jail? Go talk with the Clerk of Court to hash this out. Do NOT go to the police, you can conveniently leave the Clerk of Courts office, whereas the other way, your could be immediately arrested!
2007-07-20 06:00:33
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answer #9
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answered by dealerofdestruction 2
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Go to your local police department and get a check done. If you have no serious record, and yes, felonies are serious, as they require a "year-and-a-day" in prison, then tell them of fraud from the apartment building. You should be abe to get your money back due to an error from them. If it is intentional to get your money, then they are guilty of fraud.
2007-07-20 07:29:50
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answer #10
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answered by Vindicaire 5
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