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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I am trying to find a job. I went to several interviews with

Customer Question

I am trying to find a job. I went to several interviews with no luck. Finally, one of them disclosed to me that a background check showed that i have been convinced of several crimes. however, i have never even been arrested for speeding. The report says the person has a similar name with the same birthday. It even says that he is currently in prison NOW, so obviously this can not be me. How do i correct this ASAP?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 6 years ago.
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JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

Do you have a copy of the report?

JB Umphrey :

Do you know who prepared the report?

Expert:  JB Umphrey replied 6 years ago.
I will be happy to assist you when you are able to answer the follow-up request for information. Thanks!
Customer: replied 6 years ago.
A: I have a copy of the report
A: I know who prepared the report. It shows LexisNexus logo, but it looks like it was through a third party - ChoicePoint / ScreenNow

Part of the report is correct - it shows my last addresses, where I went to college, my credit history, etc. My full name isXXXXX III, but because I my father had the same name, I sometimes go by 'Ric'. The last section has a heading of "LexisNexis National Criminal files Plus Search" and it shows a "Richard XXXXX XXXXX" that sometimes is refered to as just "XXXXX XXXXX" that has the same birthday. It looks like he lives in Arkansas - where I have never been. He has quite a few charges spanning many years, and it looks like he is currently serving time for Burglary.

The person that interviewed me said that the background company uses 3 idenfiers to track people, and assumed one was my SS#, so the company was positive this person was me.
Expert:  JB Umphrey replied 6 years ago.
And does the report also list the procedure for disputing any inaccurate information? If so, that is the procedure to follow with ChoicePoint / ScreenNow.

Adobe page 46 of the attached copy of the Fair Credit Reporting Act also explains the process for disputing inaccurate information:

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 6 years ago.
I am sorry, this answer is not ACCEPTable. I was looking for actual legal advice
Expert:  JB Umphrey replied 6 years ago.
I am terribly sorry but the site rules do not allow for legal advice to be given.

The circumstances you've described relate to issues involving the Fair Credit Reporting Act. This is why I provided a copy of that federal law to you and specifically directed your attention to the process for disputing inaccurate information -- such as the information you claim was listed on the reports that were prepared by a third party.
Customer: replied 6 years ago.
Relist: Incomplete answer.
Expert:  JB Umphrey replied 6 years ago.
Please clarify what additional information you are seeking?

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