Legal Question in Civil Rights Law in Florida

Employers seeing incorrect criminal records

I have been applying for positions in my normal field of work with much experience and excellent letters of recommendation. To no avail I kept being turned down for positions after companies HR dept ran a ck on me. I had an arrest in 1989 for cocaine possession. this is on the FDLE website listed correctly. This never kept me from obtaining a job before. So I ran a background check from ne of the companies an employer used and it came up with My correct name, my correct SSN, the correct county of arrest, the correct case # (except for an extra 0) but incrrect charges.

My simple cocaine possession charge is listed thru background checks as OPIUM-SALE DELIVER TO MINOR.

Now at least I know why I wasn't hired. How do I find out how to get this changed. The websites only have email addreses. Is there anyone that can be sued? I have applyed to have my real charges expunged. Will these false charges remain even after the expense of the explungment of the sctual factual records? Please reply I am really going nuts ver this. Thank you in advance.


Asked on 6/06/02, 12:07 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Employers seeing incorrect criminal records

This kind of mistake is quite common and very difficult to correct. Suggest you enlist the help of a law enforcement agent who has access to NCIC - the national database for convictions, and see if the mistake originated there. If so, have it corrected through the FBI and then proceed down the line. It will be much easier to deal with the websites if the base record is corrected - otherwise, expect them to ignore your requests.

This is a time-consuming project which could take months. Be patient and persistent. Good luck.

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Answered on 6/06/02, 9:34 am


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