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i just ran a bachground criminal check on myself and found…

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i just ran a bachground...
i just ran a bachground criminal check on myself and found that a driving while ability impaired conviction was mis reported as a dwiving while intoxicated. i believe that i have missed out of job opportunities because of this , it has been listed wrong for the past 4 years. can i sue to have it corrected and for possible lost wages?
Submitted: 5 years ago.Category: Criminal Law
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11/2/2012
Criminal Lawyer: Lucy, Esq., Lawyer replied 5 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi,

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Unfortunately, you cannot sue for lost wages, because it's too speculative. Damages in a civil suit must be provable to a reasonable certainty. There is no way to prove to a judge's satisfaction what job you might have gotten if not for the incorrect report, what the pay would have been, or even how long you would have been working there. N.Y. Correction Laws, Section 754, article 23-A does state that you can ask an employer for a written reason for not hiring you. If you had something stating that this was the reason, that would help you significantly. But if they give some other reason, then that would weaken your case further.

There should be a form with the records request that you can use to have the records requested. If there is not, you can get a copy of the court records showing what you were actually convicted for. Then, write a letter to the Division of Criminal Justice Services, with a copy of your records, and the court records, explaining the mistake and asking them to fix it. That is the recourse in this situation. On top of everything else, the state actually has immunity. A person cannot sue the state unless the state specifically allows it, and there is unfortunately no law that would allow this type of lawsuit.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
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Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

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