Cleaning Up Criminal Records: Getting Damages for Inaccurate Records
Overview of Legal Standards
- Overview of how the Fair Credit Reporting Act applies to criminal records, and what obligations it imposes on background check companies and employers.
- Many employers do not have the right to fingerprint their job applicants, but have other means of getting access to their criminal records. Employers may use consumer report information when considering employment applications as long as they comply with the federal Fair Credit Reporting Act, which outlines specific rights of individuals.
- Information from the Federal Trade Commission on the use of background checks for employment purposes.
Sample Legal Materials
- Sample of how to demand that inaccurate criminal record information be corrected.
- Sample of how to demand damages if you are harmed by an inaccurate criminal record.
- This letter outlines how the Fair Credit Reporting Act applies to the dissemination of criminal records.
- Sample complaint against Choicepoint for inaccurate reporting of a criminal record.
- Sample complaint against USIS for inaccurate reporting of a criminal record.
- Sample complaint regarding inaccurate reporting in a database used to identify individuals who allegedly stole from employers.
| Other pages in this section: Obtaining Criminal Records - Correcting Inaccurate Criminal Records - Expungement - Removing Arrest Information That Did Not Result in Conviction - Deferrals and Dismissals for Specified Offenses - Pardons - Juvenile Records|
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