False results on background check?


September 30, 2004, 01:36 PM
A friend here in TX was applying for a job that required a security clearance, but was rejected because the company said they found a Class A Misdemeanor on his record from when he lived in NY in 97. The company told him they could not give him the specifics of the charge. He just got out of the Army after 7 years, and has no idea what this is from. If this is hindering him from getting a job, I would bet this would also cause a problem if he wanted to purchase a firearm or get a CHL. I would think that if this had been true, the Army would have asked him about it, and wouldn't have given him a clearance to begin with.

Does anyone know of a way for him to find out what happened with this without having to fly back to NY? Since he still doesn't have a job, funds are a bit tight.

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September 30, 2004, 01:55 PM
There are some websites where he can perform a background check on himself for a reasonable fee.

Did he miss any child support payments?

September 30, 2004, 02:05 PM
That's bogus info, unless he failed to mention a conviction when he filled out the form that starts the background check. THAT might be enough for a summary dismissal, but simply having a misdemeanor does not require automatic denial of clearance. Better confirm the facts...:scrutiny:

TFL Survivor

El Tejon
September 30, 2004, 02:06 PM
False positive on a background check. Gee, that's never happened before!:D

1. Find out what's the beef, chief. Have him pay for a background check on himself;
2. find out what county and a cause number (clerk will want this);
3. call the county clerk and see if how much a certified copy of the sentencing order and charges and mail it out;
4. if a driving offense, might want to check with NY DMV/BMV/Registry for identifiers;
5. many counties are on line now. Have him look himself up and see if DOB, SSN, middle initial are the same.
6. if not him, show to company, feds in West Viriginia and Tejas in Austin.

Have seen all kinds of things--dob one digit off, wrong middle initial, Jr. instead of Sr., inter alia.

September 30, 2004, 03:29 PM
Use the phone and attempt to call the jurisdiction involved. Indeed, they might have a web site, but I doubt you'll find any criminal information freely available.

El Tejon
September 30, 2004, 03:44 PM
Carlos, it's not public record in New York?:confused:

October 1, 2004, 01:31 PM
Was he stationed in NY and had NY tags on his car?

If so and he left without turning them in, then it's a Class A Misdemeanor.

Most states and companies, once they find out that it's over pieces of tin, laugh and don't care.

I have the same Class A Misdemeanor on my record and a fine. I called NY and said that the tags could be returned but I wouldn't pay the postage or the fine.

So, I guess I can't go back to NY :evil:


El Tejon
October 1, 2004, 01:50 PM

October 1, 2004, 03:34 PM
I might mention that I just went through this. Applied for Utah non-resident CCW, and they said California showed I had a record. They gave me a case number.

Contacted California DOJ (extremely difficult) who required fingerprints to check their records. These had to be done at a special fingerprint location, using a scanner, not cards.

They refused to certify the results. They simply sent me a letter saying they found no record.

The case number they provided Utah meant nothing to them, they would not discuss it.

Utah, fortunately, gave me the permit anyway, but Kali sucks.

October 2, 2004, 06:52 PM
OK, he finally got a little more detail from the company. Seems it was an assault charge. Misdemeanor assault, but it was still assault. The court date on this was AFTER he was in the Army. He wasn't anywhere around NY at the time. I told him that maybe someone waited to file charges until they knew he couldn't be there to answer to them.

It's just real screwy now. He was starting to blow it off, but I told him and his girlfriend that he had better get this cleared up. Having an Assault charge on your record can cause some serious issues down the road.

El Tejon
October 2, 2004, 08:32 PM
So, the case is pending and he's been wanted on a warrant all this time?

Time for an attorney.

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