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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI 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!
SoCalNative
(4,613 posts)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)except 1 speeding ticket, and I left immediately after.
MADem
(135,425 posts)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)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)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)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)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)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.
Holly_Hobby
(3,033 posts)dixiegrrrrl
(60,010 posts)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)Holly_Hobby
(3,033 posts)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)First, talk to the employer. Explain the reports 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)ISUGRADIA
(2,571 posts)See above, it implies that An arrest record alone should not be enough to cause a rejection even if it was valid.
Holly_Hobby
(3,033 posts)I now suspect ageism. I'm 59.
INdemo
(6,994 posts)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)
Holly_Hobby
(3,033 posts)Heeeeers Johnny
(423 posts)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)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)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)problems with people with the same name. I would contact the source and follow it until someone can give you the details.