Is there a lawyer in the house?

[katanaso]

One suggestion, if you're asking for advice on the Internet:  ask on a forum that's better suited for your needs.

[bacon8tr]

Forgive me if this was already stated, however with grand kids over I didn't read each comment.  Contact each LEA's records division and ask for a certified copy of your arrest record, then do the same for your local and county courts. When you get them, then provide those copies.  Also, being that your arrests were ten years ago(both are misdemeanor c offenses here in Texas) have you considered having your record expunged?

[ariansworld]

How about something called SLANDER?

[Butcher]

It wouldn't be a problem at all if I could just come up with all the necessary paperwork to refute the incorrect background check personally.  In order to prove them wrong I have to get them to admit they're wrong by sending the idiots doing the background check a bunch of paperwork that I have to request from the state.  The whole process takes about a month and is extremely irritating.
Meanwhile I'm being denied housing and was nearly denied employment but luckily they really wanted to hire me and waited 4 weeks for it to get straightened out.

Sorry to say I own rental property and do background checks - each owner has their ways of doing things, I for example do NOT rent to anyone with violence charges or certain felonies. Guy could of pissed on a lawn and got a sex offender charge doesn't bother me,
someone who beats up his wife - and gets a simple domestic battery charge I will not rent too - there's good reason for this - I've had enough put holes in the walls, doors, busted windows its not worth renting too.
I use judgement in this as well, I actually talk to the people to find out what exactly they did and decide for myself rather then see some list of crap charges on a website that doesn't tell me anything.

IT depends whoever owns the place and what they feel like they will allow, I know another LLC in my area that will not rent PERIOD even if you have even one ding on your record - my friend who has one DUI at 21 got denied trying to rent to one of their properties just because of this.
In my opinion your charges are simply stupid and nothing more, then again just because I would "rent" doesn't mean someone else wont.

Frankly there is nothing really you can do other then swallow your pride and find some where else to rent - I live in an area where we have a high rate of background, eviction, foreclosure checks - anything comes up people get nancy about it.
I have one eviction on my public records when I was 22, I lost my job and couldn't get the money quick enough and 4 years ago tried to rent in my area only to find out I was denied because of this..

[Rob52240]

Forgive me if this was already stated, however with grand kids over I didn't read each comment.  Contact each LEA's records division and ask for a certified copy of your arrest record, then do the same for your local and county courts. When you get them, then provide those copies.  Also, being that your arrests were ten years ago(both are misdemeanor c offenses here in Texas) have you considered having your record expunged?

Yeah, but they also say I was found guilty of what's been both dismissed and expunged.

[SEraider]

This is eating at me while I wait for paperwork to arrive in the mail.  

I am not a lawyer but: The 1st thing that comes to mind is tortious negligence, misrepresentation and defamation of character.

If backgroundcheck.org/com is a privately owened business, you can name them in a lawsuit if you want to sue the state.  The key is if you have damages.  Let's say for example:  You would have qualified for a rental of $1000 per month and you were denied because of this and now you are considered high risk and you have to pay $1500 at a different location and you been there 6 month, that is $3000 in compensetory damages plus punitive damages if you can prove purposeful wrongdoing (hard to prove). 

I would approach that landlord and ask him for in writing that you were denied tenancy due to a criminal record cited by that website, take that letter to the state or website with other documentation supporting your true record.  You should ask the state and website in writing to fix your situation.  You must allow the state or private website to mitigate (fix) the situation before you serve a lawsuit.  If they fix it, the issue is moot and you simply move on.  If they refuse to fix it, take all the letters and paperwork to a civil attorney and ask them if you have a case.  My hunch is that you will have a case for defamation and misrepresentation.  Negligence would apply only if you have monetary damages you can prove such as the above example. Good luck.

[Zoney]

Maybe they don't want to rent to pot smokers, and your record gives them enough information to believe you are a pot smoker.

[eagl]

Maybe they don't want to rent to pot smokers, and your record gives them enough information to believe you are a pot smoker.

QFT, but this is a separate issue from the background check company slandering him.  Gonna need a lawyer, proof you're right, and documentation of damages.

[CAP1]

The problem is that the background check is totally inaccurate.


So the cannabis avatar believes in guilty before and after proven innocent?

  

 i think what he may be getting at, is that you put yourself(or somehow otherwise ended up) in the position to get arrested. multiple times. even not being convicted, just being in the right(wrong?) place at the right(wrong?) time to get arrested for whatever the charges were, says a lot.

 now, that all being said, if the place you're trying to rent has stipulations for insurance.....you're screwed.