Legal Question in Criminal Law in South Carolina

Incorrect information on background check
How can I get incorrect information off my record? I have applied for a job and on the background check it comes back that I served 10 days in jail. I have never served any time in jail. This same thing happened about 2 years ago, the same information. I contacted the local authorities to have the information corrected. They said they would correct it and it still is not done. It is causing me problems when applying for jobs and the incorrect information is reported. Please help me!

Asked on 3/27/07, 9:51 pm

2 Answers from Attorneys

Elizabeth Hyatt E.H. Robinson Law, LLC

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Re: Incorrect information on background check

FIrst of all, you need to find out which actual agency entered the information on your record and go to those authorities. For example, if you live in Greenville, but Anderson County entered the information, then Greenville can't correct it. If your record shows an actual disposition of guilty and a sentence imposed (the ten days), then that information likely came from a magistrate or municipal judge. You will need to find out exactly what authority entered the information and go to them for assistance. You will need to go to the law enforcement or court agency personally, with identifying information, and have them pull the actual records that put the incorrect information on your file. If that doesn't make them pull the information off your record, you can contact SLED for more assistance. You may want to contact an attorney to handle this for you, as there may be more to this, including the possibility of stolen identity, and you need to find out exactly what has happened. If you need further assistance, don't hesitate to call me.

Answered on 3/27/07, 10:09 pm

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