minor crime removel from permanent record

I have looking for a job and am currently unemployed. Years ago i stupidly jumped a turnstile in the subway and got arrested. This arrest is now comming up on my background checks when i go for jobs and it looks VERY bad they way its worded on the form. It cost me two jobs already. I know i can get this removed.

how do i do this and what will it cost me? Also if an employer does not tell you that they are doing a crimal check on you is that legal? it was not on the application.

Thank You
Mike

1 answer  |  asked Mar 5, 2003 9:13 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Background Checks

One way that employer do background checks is to get credit reports on employees. Credit reports include all kinds of information, include information on arrest records.

The credit reporting companies have an obligation under federal law to be sure information is accurate. If a credit reporting company has information on you which is inaccurate, the credit reporting company has an obligation to work with you to correct it.

Generally, employers are not permitted to obtain credit reports on you without your authorization, and, if they use the information in a way that is adverse to you, they have to give you certain notices. If an employer does get a credit report on you without getting your authorization, that may be a violation of federal law, for which you can sue. Interesting, the federal law involved is not an employment law, but a law having to do with credit reporting.

There are certain problems with a claim like this. First, you need some proof that the employer accessed your credit record. If you get a copy of your credit reports (you may need to go to three different places to get three credit reports) they should should who requested copiues of the credit report. Second, employers will usually use another party, usually a private investigator, to actually obtain the credit report, so that there is a need to show a connection between the investigator and the employer. Third, credit reports aren't the only way to get criminal background on people. Those other methods may not be covered by the applicable federal law.

posted by David M. Lira  |  Mar 6, 2003 09:40 AM [EST]

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