Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Holly_Hobby

(3,033 posts)
Sun Nov 15, 2015, 10:34 AM Nov 2015

I failed a background check because of an arrest - but I've never been arrested!

There's an arrest record for Failure to Disburse - isn't that rioting? I've never rioted or been arrested. How do I have my record cleared? Do I have to hire an attorney? I'm so angry!

Thanks in advance!

22 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
I failed a background check because of an arrest - but I've never been arrested! (Original Post) Holly_Hobby Nov 2015 OP
Not necessarily SoCalNative Nov 2015 #1
Never been asked to leave, never issued a ticket... Holly_Hobby Nov 2015 #12
Disperse, you mean? Disburse means to allocate funds. Disperse means to scatter, depart, leave. MADem Nov 2015 #2
I know someone who was arrested for failure to disburse jberryhill Nov 2015 #9
Ha ha ha!!! Ain't that the truth.... MADem Nov 2015 #10
Ah, I meant disperse... Holly_Hobby Nov 2015 #13
Did you have a roommate or close friend who liked to get involved in demonstrations? MADem Nov 2015 #20
It might just be someone with the same name edhopper Nov 2015 #3
I will do that, thank you n/t Holly_Hobby Nov 2015 #14
How the hell could you be arrested for failure to "pay out (money from a fund)."????? dixiegrrrrl Nov 2015 #4
Disperse can also mean "scatter," as in "The crowd dispersed when the cops showed up with the tear MADem Nov 2015 #11
I meant disperse, I guess? Holly_Hobby Nov 2015 #15
Apparently you can appeal, just as in erroneous credit reports csziggy Nov 2015 #5
Thank you! n/t Holly_Hobby Nov 2015 #16
EEOC PAGE ISUGRADIA Nov 2015 #6
Oh the plot thickens...the "arrest" was the reason for the job offer rejection... Holly_Hobby Nov 2015 #17
Simple way to fix this. Go to the your County Sheriffs Department INdemo Nov 2015 #7
Wonderful! I'm in Ohio btw n/t Holly_Hobby Nov 2015 #18
Had the same problem a number of years back Heeeeers Johnny Nov 2015 #8
Only one problem... Holly_Hobby Nov 2015 #19
OMG, no fingerprints--really? I'm sure a safecracking crew would love to have you MADem Nov 2015 #21
My son in law has a very common name and has had a lot of jwirr Nov 2015 #22

SoCalNative

(4,613 posts)
1. Not necessarily
Sun Nov 15, 2015, 10:42 AM
Nov 2015

failure to disburse can be any large gathering where LE orders people to leave, and they don't (a protest march, demonstration, large social gathering, etc.). And you would not necessarily have to have been arrested, booked and charged in the traditional sense. You could have been issued a ticket aka summons to appear.

Holly_Hobby

(3,033 posts)
12. Never been asked to leave, never issued a ticket...
Sun Nov 15, 2015, 01:48 PM
Nov 2015

except 1 speeding ticket, and I left immediately after.

MADem

(135,425 posts)
2. Disperse, you mean? Disburse means to allocate funds. Disperse means to scatter, depart, leave.
Sun Nov 15, 2015, 10:50 AM
Nov 2015

Sounds like someone used your name! If there's an arrest, there might be a mugshot.

How long ago was this?

What was the context of the charge?

Where did it happen?

You probably will need to hire a lawyer.

 

jberryhill

(62,444 posts)
9. I know someone who was arrested for failure to disburse
Sun Nov 15, 2015, 12:38 PM
Nov 2015

She was a bank teller and instead of disbursing funds to customers, she was disbursing Franklins into her pocket.

Although she would have gotten away with it had she not failed to disperse.

MADem

(135,425 posts)
10. Ha ha ha!!! Ain't that the truth....
Sun Nov 15, 2015, 12:47 PM
Nov 2015

That said, I feel for the person accused--that has to suck.

It seems like something a college roommate would do--give the name of their roommate, so daddy wouldn't know and cut off the allowance. And if the police were processing a bunch of people, and it was back in the day, you could get away without having to show an ID, especially if you appeared to know your 'stuff' (name, date of birth, etc.). OR, it could have been simply a ticketed offense, like jaywalking or smoking a small amount of weed (in MA).

Holly_Hobby

(3,033 posts)
13. Ah, I meant disperse...
Sun Nov 15, 2015, 01:50 PM
Nov 2015

I know nothing about it at this point, waiting for the Clerk of Courts to open tomorrow, it was in 1982! It happened in the place I was living.

MADem

(135,425 posts)
20. Did you have a roommate or close friend who liked to get involved in demonstrations?
Sun Nov 15, 2015, 02:05 PM
Nov 2015

Could be your 'friend' screwed you by using your name after being arrested.

Not the first time this kind of thing has happened.

If there's a mugshot of "you" that was taken after the event, that could clear this up entirely!

I hope you get it sorted--that has to be an awful feeling. Nothing worse than being wrongly accused, IMO.

edhopper

(33,625 posts)
3. It might just be someone with the same name
Sun Nov 15, 2015, 10:54 AM
Nov 2015

ask the company that did the check for the report. What was the time and place of the arrest. It could be your name is in a data base.

dixiegrrrrl

(60,010 posts)
4. How the hell could you be arrested for failure to "pay out (money from a fund)."?????
Sun Nov 15, 2015, 10:57 AM
Nov 2015

or did you mean failure to disperse? meaning to "distribute or spread over a wide area."

Which still leaves me confused.

MADem

(135,425 posts)
11. Disperse can also mean "scatter," as in "The crowd dispersed when the cops showed up with the tear
Sun Nov 15, 2015, 12:49 PM
Nov 2015
gas."

Holly_Hobby

(3,033 posts)
15. I meant disperse, I guess?
Sun Nov 15, 2015, 01:52 PM
Nov 2015

I should have looked it up, but I'm confused too. I asked a law enforcement student I work with about it, he said it was rioting. He could be wrong too.

csziggy

(34,138 posts)
5. Apparently you can appeal, just as in erroneous credit reports
Sun Nov 15, 2015, 10:59 AM
Nov 2015
There is an error in my background check report. What should I do?

First, talk to the employer. Explain the report’s errors, and tell the employer you intend to file a dispute with the employment screening company. Although the FCRA does not require the employer to hold the job for you, a sympathetic employer may be willing to give you a chance to correct any errors.

Next, file a dispute with the employment screening company that made the error. You may first call the company and tell them about the error. Then follow-up with a written dispute letter pointing out the errors in the report. Send your letter certified mail, return receipt requested.

Along with your letter you may submit information that verifies your side of the story. For example, you may have a common name. The background check report may show a criminal record for someone with your first and last name but with a different middle initial.

The process for disputing errors in an employment report is the same as the process for disputing errors in your credit report. For more about filing disputes, along with a sample dispute letter, see the FTC publication How to Dispute Credit Report Errors (http://www.consumer.ftc.gov/articles/0151-disputing-errors-credit-reports).

https://www.privacyrights.org/employment-background-checks-jobseekers-guide#error

Holly_Hobby

(3,033 posts)
17. Oh the plot thickens...the "arrest" was the reason for the job offer rejection...
Sun Nov 15, 2015, 01:54 PM
Nov 2015

I now suspect ageism. I'm 59.

INdemo

(6,994 posts)
7. Simple way to fix this. Go to the your County Sheriffs Department
Sun Nov 15, 2015, 11:25 AM
Nov 2015

Have them give you your Background check ( there is a small fee) and you are good to go.
No need for an attorney.
Besides that by law, misdemeanor criminal actions are erased from ones record after 7 years but the individual has to initiate the process. (most States)

Heeeeers Johnny

(423 posts)
8. Had the same problem a number of years back
Sun Nov 15, 2015, 12:24 PM
Nov 2015

It was outright identity theft as the actual perp used my name, DOB and SSN and if any employer (or anyone else),
the arrests would kick back as being me.

I ended up solving the problem by submitting my fingerprints to the FBI/CJIS...

https://www.fbi.gov/about-us/cjis/identity-history-summary-checks

What I got back was a piece of paper stating that I had no record of arrests or criminal convictions on file
that I could present to any potential employer or licensing agency.

Keep in mind that this won't clear the erroneous information from the FBI's criminal history database; any future
inquiries by anyone will return the same false arrest record associated with your name.

Actually purging and dissociating your name from the allegations is a complicated and frustrating process
(trust me... I know ).

The downside (if you're overly concerned about it), is that the FBI/CJIS will retain and keep on file any fingerprints
you submit. In the past, the used to return the finger print card.

Holly_Hobby

(3,033 posts)
19. Only one problem...
Sun Nov 15, 2015, 01:59 PM
Nov 2015

I no longer have fingerprints - they're worn off from many years of shuffling papers in an office. I recently had a part-time job that required fingerprints to clock in - they had to contact Kronos time clocks to get instructions to giving me a pin # instead.

I'm so sorry you had to go through it, it's frightening and a PITA.

MADem

(135,425 posts)
21. OMG, no fingerprints--really? I'm sure a safecracking crew would love to have you
Sun Nov 15, 2015, 02:09 PM
Nov 2015

on their team!!!

Hey...since you already have a "rap sheet" anyway....


(I kid, I kid!!!)

Seriously, I hope you get this sorted out--it's got to suck to have this hanging over your head.

jwirr

(39,215 posts)
22. My son in law has a very common name and has had a lot of
Sun Nov 15, 2015, 02:14 PM
Nov 2015

problems with people with the same name. I would contact the source and follow it until someone can give you the details.

Latest Discussions»General Discussion»I failed a background che...