Expert: Robin Sexton - 9/18/2009

Question
So my place of employement started doing background checks recently due to an issue with a former emplyee. I had no problem with this because I knew that I had no crimial activity in my past. Well, the report came back and had several different offense numbers. I have searched online and I think that I have found what these offenses are for. The first is 452(c) PC which from everything that I can tell is an Arson charge. the second is 148.5(a) PC. This one appears to be a type of assault or battery charge. I know that I have never commited any of these crimes, and want to get them off of my record. Will I need to hire an attorny to do so? Also, how can I look up the case number if it doesn't tell me what state the offense was in? One of the charges has a Probation #. I have never been on probation, and I'm wondering how I can search for the probation number and see what it was for. It might give me alittle more insight. Any answers will help. Thanks!

Answer
J,

It does not sound like they got an official criminal history.  The ones from police agencies and FBI are fingerprint based.  They must have got theirs from a private database.  These are based on named searches.  Official criminal records show the state and agencies involved.  You need to find out where the data came from, which company or better yet have your employer show you the data.  Look carefully at the ID section for correct name, date of birth, social and other identifiers.  More then likely it is another person with the a similar name.  Companies need to be very carefully using information like this.  On the extreme off chance that somehow this information really did get put under your name.  All state reporting agencies and the FBI have a process for correcting information.  Go to the relevant state or FBI web site and follow their procedure.  You will need to submit a copy of your fingerprints and other data.  If your employer takes any actions based on this false information contact an attorney.

Hope this helps

robin