Author Topic: Is there a lawyer in the house?  (Read 1231 times)

Offline Midway

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Re: Is there a lawyer in the house?
« Reply #15 on: July 15, 2012, 06:12:16 AM »
Well, you have to admit if you've been arrested that many times, and convicted twice, you likely are/were living somewhat on the edge of the law. :old:

Compared to someone never arrested and convicted, all else being equal, who would you rather rent to? :old:

Consider your way, people.  Bad choices have consequences.  :old:

Zack can live more on the edge though by quickly speeding up to 30 and returning a :) to the Mrs.  :old:


« Last Edit: July 15, 2012, 07:02:55 AM by Midway »


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Offline Rob52240

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Re: Is there a lawyer in the house?
« Reply #16 on: July 15, 2012, 06:28:24 AM »
Unfortunately Midway, background checks aren't supposed to bring up charges that didn't result in a conviction.  And they definitely aren't supposed to lie and say conviction when there wasn't one.  If you want to nit pick and make assumptions based on simply being arrested, the felony in question is 'failure to affix a marijuana tax stamp'.  How ridiculous is the charge in the first place?

I've never had a problem with a real background check done for professionals by professionals, just these stupid cut rate internet background checks marketed towards the general public (who seems to a be a lot more interested in gossip and and assumption than a court's decision).

Again guilty after proven innocent.
If I had a gun with 3 bullets and I was locked in a room with Bin Laden, Hitler, Saddam and Zipp...  I would shoot Zipp 3 times.

Offline Midway

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Re: Is there a lawyer in the house?
« Reply #17 on: July 15, 2012, 07:01:30 AM »
Unfortunately Midway, background checks aren't supposed to bring up charges that didn't result in a conviction.  And they definitely aren't supposed to lie and say conviction when there wasn't one.  If you want to nit pick and make assumptions based on simply being arrested, the felony in question is 'failure to affix a marijuana tax stamp'.  How ridiculous is the charge in the first place?

I've never had a problem with a real background check done for professionals by professionals, just these stupid cut rate internet background checks marketed towards the general public (who seems to a be a lot more interested in gossip and and assumption than a court's decision).

Again guilty after proven innocent.

Well, not being a lawyer or expert in background checks, not much I can say, except I hope you get it straightened out.  :salute


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Offline uptown

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Re: Is there a lawyer in the house?
« Reply #18 on: July 15, 2012, 07:27:07 AM »
Your first step will have to be getting into contact with the probation and parole office in your state or the state where the charges were filed. 
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Offline RedBull1

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Re: Is there a lawyer in the house?
« Reply #19 on: July 15, 2012, 09:10:32 AM »
Park after dark a offence in the US?

We have speed cameras in UK, It was 5.30 in the morning i got zapped doing 35 in a 30.
There was a stray dog and a electric milk van on the road :old:

3 points on my license and £60 fine, it was 10 years ago.

Everytime i go past that camera my Mrs says slow down, even if i am doing 26  :)


You hard core felon!  :old:
I must inform Shida of this information right away, such blasphemy goes against everything the GFC stands for!  :old:
5 MPH over the speed limit....Your license should've been revoked!  :old:
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Offline shppr01

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Re: Is there a lawyer in the house?
« Reply #20 on: July 15, 2012, 09:39:13 AM »
Well, you have to admit if you've been arrested that many times, and convicted twice, you likely are/were living somewhat on the edge of the law. :old:



I believe he said they are claiming he was arrested that many times .He actually was only arrested twice.
My advice is to contact the org. who is doing the checks and let them know you are being confused with some else. They will have to fix it on their end first .
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Offline caldera

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Re: Is there a lawyer in the house?
« Reply #21 on: July 15, 2012, 09:49:28 AM »
This thread reminds me of Stripes.

"Have either of you two ever been convicted of a felony?"

     - "Convicted?  No."




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Offline Midway

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Re: Is there a lawyer in the house?
« Reply #22 on: July 15, 2012, 10:20:27 AM »
I believe he said they are claiming he was arrested that many times .He actually was only convicted twice.
My advice is to contact the org. who is doing the checks and let them know you are being confused with some else. They will have to fix it on their end first .


Fixed.  :frown:


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Offline Rash

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Re: Is there a lawyer in the house?
« Reply #23 on: July 15, 2012, 10:57:47 AM »
Your screwed.
The UNFORGIVEN

Offline eagl

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Re: Is there a lawyer in the house?
« Reply #24 on: July 15, 2012, 11:24:36 AM »
You may be able to request your records from each state in which you have ever been charged, and then send a copy to the place that is denying you housing to prove that you were not convicted.  At the same time, call a lawyer and see if you have a case for a civil lawsuit for libel and sue the background check company.  You ought to have grounds for damages including at the very least the cost of temporary housing while this gets cleared up, plus legal and administrative fees incurred in getting copies of your records.  Get the lawyer your proof and estimates of your losses incurred due to this (lost wages from time off work to deal with this may also count), and let him do the rest.  Call multiple lawyers to find out their fee structure to make sure you receive full amount of the monetary damages you suffered after he takes his fees, and also go with one who gives a reasonable timeline on dealing with it.

In the meantime though, getting your records straight including getting copies of your police records ought to be a high priority because this probably won't be the last time this happens and it will help if you have all your records already in your posession next time so you can refute the bogus background check results immediately.

Oh yea, last go to dave ramsey's web site and follow his plan so you can get strong enough financially that you are never at the mercy of an apartment background check.  Anyone can do it on any income level, and the end result is that money simply ceases to be an issue.  His plan followers are typically completely financially independent and debt free after 7-10 years, without a single financial gimmick or relying on strange investment strategies.
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Offline Rob52240

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Re: Is there a lawyer in the house?
« Reply #25 on: July 15, 2012, 11:34:58 AM »
The problem isn't getting them to admit they were wrong.  That is easy to do.

Unfortunately it takes about a month to do and that is too slow to keep up with the pace of business.
If I had a gun with 3 bullets and I was locked in a room with Bin Laden, Hitler, Saddam and Zipp...  I would shoot Zipp 3 times.

Offline mthrockmor

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Re: Is there a lawyer in the house?
« Reply #26 on: July 15, 2012, 11:44:59 AM »
What state do you live in? In all states there is a state level office of consumer protection. Most will be associated with the Attorney Generals offices. They could and should act to protect against failed background checks.

You could take legal action though attorneys/law firms will only jump on if they can get paid, by either your or the defendant, with a high degree of likelyhood. This sounds unlikely.

Find that office, they can help. They may also have in their title ombudsman.

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Offline Shuffler

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Re: Is there a lawyer in the house?
« Reply #27 on: July 15, 2012, 11:54:00 AM »
I can look it up myself, it gets inconvenient because I have to wait for paperwork to arrive in my hands, and then send it on to the out of state company doing the background check.  When I look myself up online at my state's court website every charge says Dismissed.  

Somehow dismissed means guilty to the people being paid to look it up.

Your inconvineince is your own fault. If your so sensitive about this then why post here?

Things you do today can come back and haunt you later. You failed to heed that in the past..... did you learn anything from it?

Try actually going to see a lawyer about the problem. The company doing the background check may be liable for false information or you may find the actual court documents are at fault. I doubt there is a quick fix. You'll most likely have to go through some expense and certain steps. If the company doing background checks is wrong they may be liable for the cost.

« Last Edit: July 15, 2012, 12:00:57 PM by Shuffler »
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Offline Rob52240

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Re: Is there a lawyer in the house?
« Reply #28 on: July 15, 2012, 11:59:18 AM »
Looking for ideas. 

So far I've filed complaints with the FTC.  I plan to start bugging my state representative at his office this week.
If I had a gun with 3 bullets and I was locked in a room with Bin Laden, Hitler, Saddam and Zipp...  I would shoot Zipp 3 times.

Offline eagl

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Re: Is there a lawyer in the house?
« Reply #29 on: July 15, 2012, 12:14:58 PM »
If all you need is permission to move into the apartment, maybe you can have a state records official talk to the apartment manager and attest that you have only the 2 convictions.  That would be the quickest way to get into the apartment, if that is your goal.

If you want compensation, you'll need to laywer up.  If you just want to move in, you need to call the apartment management, find out who they will accept as a competent and reliable authority on your background, and then get them together on the phone (or with a letter) to the point where the apartment manager is satisfied that he/she can satisfy their risk assessment standards and rent you the apartment.

Talking to your state reps doesn't seem to really be a step along that goal...  Maybe you need to be more clear on what exactly you want done.  Do you want payback?  Do you want someone fired?  Do you just want to be able to move?
Everyone I know, goes away, in the end.