Aces High Bulletin Board
General Forums => The O' Club => Topic started by: Rob52240 on July 14, 2012, 10:02:54 PM
-
This is eating at me while I wait for paperwork to arrive in the mail.
So I'm looking for a new place to rent, and everyone does background checks anymore it seems. Although I've only got 2 convictions on my record, both are over 10 years old, one is public intox, the other was being a park after dark. The so called background checks label me a felon and claim I've been convicted of about a dozen other offenses. They aren't confusing me with someone else, they're taking everything I've ever been charged with and saying I've been found guilty of all of them.
I've never had trouble passing them before they became popular, when I worked for a fortune 50 company I had no problems passing, and when my clients at that job checked me out frequently (US Military, state prisons, pharmaceutical manufacturers, other large corporations, hospitals and universities) I've never had any problems with their background checks either.
When backgroundchecks.com checks me out, they manage to pull up about 3 pages of convictions that never happened including 2 felonies.
Any suggestions about what I can do to combat this? I've already ruled out the 1500 mile trip to their location in Florida. I'm wondering if I could lobby my state representative to stop illiterate morons from doing background checks in my state.
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.
-
You can't do the time, don't do the crime!
J/K I have nothing to add.
-
I didn't do the crime, are you stupid?
I did file a complaint with the FTC, let's see if it goes anywhere.
-
I didn't do the crime, are you stupid?
I did file a complaint with the FTC, let's see if it goes anywhere.
He said he was joking. Are you stupid?
-
Not usually but I am a bit sensitive about the subject right now.
-
Help me understand this, are you saying you have been charged with a dozen other crimes but not convicted of them (except the the two you mentioned)?
-
Fill out the paperwork that needs to be completed.
I'm guessing you've been arrested multiple times, but only convicted twice, from how your phrased this sentence: "They aren't confusing me with someone else, they're taking everything I've ever been charged with and saying I've been found guilty of all of them."
Perhaps you can request a NCIC check, as well as state check, from whatever company you're dealing with. That's all the 3rd party company is doing.
Personally, I would be contacting that 3rd party company about them committing libel, if they are reporting you as convicted as a felon. Talk to an attorney about that.
The fact is this: your past is going to show up on background checks, but it depends what is reported to the State, as well as the Feds.
Good luck.
-
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.
-
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.
If you're background check shows accurate information you can't sue to get in interpreted the way you want it too look. Well you can sue, it's the American way, but you won't get far. Look man if I saw a background check with a bunch of dismissed charges, and a few convictions, i wouldn't want that person anywhere near my investment. You're best bet would be to talk to the home owner and explain the situation.
-
The problem is that the background check is totally inaccurate.
If you're background check shows accurate information you can't sue to get in interpreted the way you want it too look. Well you can sue, it's the American way, but you won't get far. Look man if I saw a background check with a bunch of dismissed charges, and a few convictions, i wouldn't want that person anywhere near my investment. You're best bet would be to talk to the home owner and explain the situation.
So the cannabis avatar believes in guilty before and after proven innocent?
-
I've seen this movie before.
Two thumbs down.
-
So are the landlords informing you this is why you are being denied a contract? Are you showing you the paperwork? How are you finding this out?
-
I request the paperwork after I'm denied.
-
man you should've never told them you belong to the vtard squad. j/k, to be honest, there's really nothing you can do. supposedly i have a wife that lives in south carolina. they mixed my record with that of my brother. but since the credit report that gets sent to me doesnt include that information, well then I cant contest it. except that it gets sent to whoever requests a copy of my credit report. welcome to the world of computers. my gf has 2 sisters even though she's the only girl in the family. go figure.
semp
-
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 :)
-
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:
-
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.
-
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
-
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.
-
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:
-
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 .
-
This thread reminds me of Stripes.
"Have either of you two ever been convicted of a felony?"
- "Convicted? No."
-
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:
-
Your screwed.
-
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.
-
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.
-
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.
Boo
-
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.
-
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 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?
-
You're pretty much screwed bro.. I know a lot of people in your situation(thankfully not me), and they have a hard time with everything from finding a place to live to getting a job..
About your only hope is to get your record expunged.. It'll cost you, though..
You could move to another state....? I know people who've been convicted of felonies that don't come up on background checks in other states.. In a few states, background checks for employment or when trying to find residence are only legally allowed to go back 10 years.. I dunno dude, gonna have to talk to a real attorney and see what they can do for you.. Either way, it's probably going to cost you.. You could try to find a house for rent.. Sometimes those people want nothing more than rental references and job references.. As long as you have a good record of paying, they don't care what you do.. Good luck, bro!
-
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.
This is what The fourth estate is for. I'm sure you are not alone. Go to propublica.org Under contact us there is a link to story ideas. Try to get it into the press, this is a pressure point/incentive for politicians.
Some people don't seem to get what this is about. Depending on what state you live in you might have some luck with the AG's office or something like an office of consumer affairs. Unfortunately budgets have been cut.
It sounds like you need 2 different things: 1 some way of countering the false information immediately when you know a background check will come up with false information, 2 something to force the .com to give the correct information.
To me it sounds a little like the makings of a class action lawsuit. But I'm not a lawyer and I don't really know.
Good luck and remember its just BS not cancer.
-
Incorrect info cannot be published about anyone. There are many laws in place to protect anyone from deformation of character. However....good luck finding anyone who cares enough to fix your problem. Be weary of Lawyers that jump on the case for a fee and listen to the ones that give you both sides of the argument. Further more quit doing things that you'll regret later whether your convicted or not. It's why I quit hanging out with "old friends".
-
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.
You are confusing background, criminal histories and criminal conviction checks. It sounds like they are running criminal history checks on you those include arrest, charge and conviction information. If you have erroneous convictions showing up then you have to write or go to the jurisdictions that filed the incorrect information and get certified corrections. Build a file and keep it for future use. The background companies are only reporting what is available from law enforcement/courts. They are just reporting docket information, not going through the court files like a professional background investigator would do, but hey its cheap :lol
shamus
-
I think even if you prove that you weren't convicted of those various crimes, the landlords still are well within their right to deny you housing for that.
-
Did you have a probation officer before? If so call them with the problem.
Contact your motor vehicle division if there is any false information there.
Get your credit report. If one bureau reports bad credit it could be they all do. You can dispute these online.
-
It's just convictions that they're concerned with. Legally here you can't use an arrest against someone when it comes to employment or business.
When I get the morons to admit they're wrong everything is OK because there are no convictions to report. The background checks just give a yes or no answer to those who pay for them.
It's a lot like if you take a urine test for drugs. It's either pass or fail. You're allowed by federal law to have up to 50ppm of thc metabolites in your sample to pass. If you have 49ppm you still pass and there is no mention of it on the paperwork.
-
Rob you sound like a dirt ball lol
You make it sound like you've been arrested 15 times and only convicted twice.
Maybe you should move into some place where other criminals like yourself live.
-
Rob you sound like a dirt ball lol
You make it sound like you've been arrested 15 times and only convicted twice.
Maybe you should move into some place where other criminals like yourself live.
:rofl
He's actually really nice! :salute MajorTom
-
What kind of world do we live in when someone with 2 convictions and a dozen arrests has trouble clearing a background check?? :rolleyes:
-
What state do you live in where a business is forced to do business with you if they have issues with arrest records?
shamus
-
No shamus, they're saying I was convicted of everything I've ever not been convicted of. It would be like if you beat a speeding ticket in court, but then still had to pay a higher insurance premium just because you were accused.
A business has a right here to refuse to do business with anyone, however there are exceptions. One is employment, another is housing.
What ever happened to innocent until proven guilty? Perhaps those who prefer guilty after proven innocent would prefer to live in communist China or a country with a similar judicial track record.
So I'm a dirtball in at least one guy's opinion. I'd like him to ask himself this question. Is your behavior dictated by whats right and wrong, or a simple fear of punishment?
I must say that my prosecutors have been far more polite and good natured towards me.
When a charge is dismissed, the state is admitting that they can't convict so there is no point in trying.
All arrests were for posession of marijuana, and failure to affix a state issued marijuana tax stamp. Keep in mind none of them ever made it to a trial.
God bless the bill of rights.
My convictions are nothing anyone would care about. Both happened in college over a decade ago. Everything else has been dismissed before going to court partly due to no evidence and partly due to the fact that it would just be a cop's word against mine which apparently the prosecutors felt would go in my favor. :aok
Conviction #1 Being in a park after dark
Conviction #2 Public intox
Strangely I was guilty of neither but that's how the legal system works. If we had a justice system instead I'd never have been arrested in the first place.
-
The constitution goes both ways, those landlords are free to say, "meh, I don't want you" for whatever reason they want; as long as that reason isn't that you're part of a specific group, people with criminal records, big, small, serious, or ridiculous, are not a protected group. It sure sounds like you are not a dangerous person, and that there is no reason not to trust you'll your rent; but unfortunately, no one is required to think that way. Maybe it's not fair you're stuck in this situation, but nonetheless, it's your burden to deal with. It sounds like you have options, they are just lengthy ones, and you're looking for a quick fix where one may not be possible.
-
The constitution goes both ways, those landlords are free to say, "meh, I don't want you" for whatever reason they want; as long as that reason isn't that you're part of a specific group, people with criminal records, big, small, serious, or ridiculous, are not a protected group. It sure sounds like you are not a dangerous person, and that there is no reason not to trust you'll your rent; but unfortunately, no one is required to think that way. Maybe it's not fair you're stuck in this situation, but nonetheless, it's your burden to deal with. It sounds like you have options, they are just lengthy ones, and you're looking for a quick fix where one may not be possible.
I agree. This lease ends august 1st and I need find a new place by then as well as be moved out of this one. There just isn't enough time to wait on mail carriers, clerks of court and pencil pushers who make mistakes. I had one lined up but ran into this snag. I believe I can find a new place by then although I'm not confident it will be one I want.
What I'm looking for in this thread is ways of making it difficult for those who aren't responsible with responsibilities they're hired to carry out to do business here or ways to encourage them to do their job right in the first place. I know it's a longshot but that's never stopped me before and I'm not going to start letting it deter me now or anytime in the future.
-
You know what? Call your Congressman. Paying a lawyer for gab time is ridiculous.
-
One suggestion, if you're asking for advice on the Internet: ask on a forum that's better suited for your needs.
-
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?
-
How about something called SLANDER?
-
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..
-
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.
-
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.
-
Maybe they don't want to rent to pot smokers, and your record gives them enough information to believe you are a pot smoker.
-
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.
-
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.