Background Flashcards
What is a background check case?
A background check case involves erroneous information being reported in a background report. This can include incorrect charges, misqualifying an offense, or showing information that should be sealed or expunged.
What are the two main variations of a background check case?
The two main variations are:
- Records not belonging to the client: The client’s file was likely mixed with someone else’s.
- Inaccuracies in the client’s records: The details of the recognized records are incorrect.
What does it mean if a charge is “Dismissed”?
“Dismissed” means a judge has officially ended the case or a specific charge.
It does not mean the person is innocent, but it prevents further prosecution.
Dismissed charges can still appear on background reports for up to seven years in some cases.
What does it mean if a charge is “Dropped/Nulled/Noll Prosequi”?
“Dropped/Nulled/Noll Prosequi” means the state has decided not to pursue the charges.
This is often indicated by an “Announcement of No Information or Intent not to Prosecute.”
What is the difference between “Acquitted” and “Dismissed”?
“Acquitted” means a person was found “not guilty” by a court. This is a determination of innocence, while “Dismissed” simply means the case is ended without a verdict.
What is the difference between a “Sealed” and “Expunged” record?
“Sealed” records are hidden from public view, but they still exist in official records. “Expunged” records are legally removed from all official records.
What is the difference between a “Sealed” and “Expunged” record?
Sealed records can still appear in some background reports, especially those based on fingerprint checks.
Can sealed records appear in background reports?
Expunged records should not appear in any background report.
Can expunged records appear in background reports?
Yes, the consumer can still sue the background screening company under certain conditions, even if the error was corrected. This is allowed by the Fair Credit Reporting Act (FCRA).
If a background screening company reported inaccurate information, can the consumer still sue even if the error was corrected?
The FCRA is the Fair Credit Reporting Act. It is a federal law that governs the collection, use, and disclosure of consumer information, including background checks.
Who are the potential defendants in a background check case?
Background screening companies, tenancy screening companies
What is the primary proof needed in a background check case?
Main: Adverse Action Notice, background report
What is the secondary proof that may be needed?
Secondary: court documents
When is the CRA typically culpable in a background check case?
From the get-go, most of the time, after the 30th day from the delivery date of the dispute letter (if a dispute was necessary); from the public record correction confirmation
Is proof of harm required in a background check case?
Yes, proof of harm is required.
