Seeking Legal Advice ASAP

[MARK017]

Hello,
I am seeking legal advice towards a past criminal record in 2008, that has affected my chances for permanent employment within a company that i have been working for a year. My question in regards to this matter, upon hiring process the company proceeded with a criminal background check and the company that runs the screening indicated that in my record, that i have a "felony." Following day i had went to Los Angeles Superior Court to take care of this matter, and the clerk stated to me that in my case it appears as, "PC Misdemeanor." The windows clerk printed a pamphlet of my case from the exact dates, so i have written proof of my case being a misdemeanor. Is the company that ran my background committed falsified information to my employer towards me ? Will i have a case towards this unjustified matter?

 

[army judge]

You probably have no case against the firm that conducted the background check.

You are free to speak with a local attorney.

Do you know what was reported to your potential employer?

Do you know why you might have been denied employment?

Do you have the information in writing?

 

[CdwJava]

The background company likely culled its response from public records it has obtained through local courts. As such, your case may very well have been filed as a felony. It may have later been plead down to a misdemeanor, but if the records the company had revealed it to be a felony then they made an accurate report of the information.

Generally, all these companies do is gather information and then present it to the employer. As they are not the ones that create or disseminate the info, they cannot be responsible for any errors the data might contain. Now, if they rendered an erroneous opinion that a reasonable and prudent person might not have otherwise reached, and this opinion, alone, is what cost you the job, then you MIGHT have some sort of a case against them. But, good luck in getting the employer to admit that they denied you a position based solely upon a criminal record as that could be potentially unlawful in and of itself (depending on the offense and the nature of the employment).

I would take your proof of the matter being a misdemeanor to the employer and show them what you have. That way they can make an informed decision. However, if when you applied you failed to disclose any criminal conviction, that would likely be enough to terminate you by itself.