Legal Question in Criminal Law in Texas

Mistaken identity, have felonies on background check

I was denied a job I applied for because I was told I have 3 felonies on my record. 2 happened in the 90s when I had my maiden name, which doesn't even match the name of the felon, and these all happened in Texas, where I never lived. I have never broken the law or failed a background check. I am a nurse and this can devastate my career. The company, Choicepoint, used a national database to compare names and birthdays, they did not use my social. Now I'm presumed guilty until I can prove otherwise, where do I start?


Asked on 6/25/08, 9:06 am

1 Answer from Attorneys
V. Iyer Iyer Law Office, L.L.C.

Re: Mistaken identity, have felonies on background check

You can request and inform the prospective employer that they are basing their deciosn on an erroneous database. Provide them with corrobative evidence to support your position as to the errors in the criminal record. Also inform the specific database of the error with your supporting documentation.

If they fail to do so, you should contact an attorney to sue both the prospective employer and the database company.

You should also ask the prospective employer for the record of the alleged criminal record that shows you have these felonies. Then contact the specific court and correctional facility for the records, especially fingerprint and photo of the person sentenced in each of these felonies.

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Answered on 6/25/08, 10:20 am


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