Legal Question in Employment Law in California

Can I sue a background checking agency for providing my potential employer an incorrect background criminal report? They reported a FELONY CONVICTION in 2002. That's past 7 years plus it wasn't a conviction, it was DISMISSED.


Asked on 2/03/11, 1:17 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If a conviction was dismissed by 'expungement', it IS a conviction on your record. Only if the charges were dropped by the DA or court before conviction or plea is it 'dismissed'.

Providing provably untrue facts is different than merely passing on copies of court documents that are incorrect through no fault of the company. If the company retyped court info into a report and made a mistake, then you might have a negligence claim against them. If you can show that is what happened, demand a written correction from them to be submitted to the employer with an apology. Suing the company would be possible if you can show you would have gotten the job 'but for' the mistake. The company would have to testify that is the only reason you didn't get the job. Not likely to happen.

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Answered on 2/08/11, 5:32 pm


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