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Boyfriend applied for a job, back ground was done by a 3rd party, how do we search the court records ourselves?

Tacoma, WA |

OK , this company send him a list of things he was " charged " with . There are several in which aren't true / inaccurate . They will not back up this information with anything from the courts . I've gone on the MINX site , searched his name and paid for another company to pull a background and all that comes up is his DUI and resisting arrest ( during the DUI ) from 2009 . Is there a way ON LINE to get copies of his whole record to give to the employer ? Other wise he's missing out on a great job ( which we need ) because the company they hired doesn't do their job correctly .

Attorney Answers 1

Posted

It sounds like the problem may be "non-conviction data"...not all arrests/charges are pursued by the prosecutor, but the records remain--other agencies besides the courts keep records that may be reported on background checks. If he hasn't already, he should start with a WATCH report:
https://fortress.wa.gov/wsp/watch/

Also, the Washington ACLU has some great guides about how to obtain and understand criminal history reports, and understanding employment rights relating to criminal history report:
http://www.aclu-wa.org/sites/default/files/attachments/2012-05-11%20Guide%20to%20Getting%20and%20Reading%20a%20Criminal%20History%20Report.pdf
http://www.aclu-wa.org/sites/default/files/attachments/3-31-12%20Guide%20to%20Criminal%20Records%20and%20Employment3.pdf
If those aren't enough, he should consult with an attorney about getting this all cleared up.

Avvo answers are attorney opinions offered for informational purposes only, and should not be relied upon as legal advice. Use of the Avvo Q&A forum does not create any attorney-client relationship.

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Asker

Posted

So we pulled the WATCH report. Everything is correct on there except it says he's both male and female and has green eyes (he has brown). Is that something we should be concerned with?

Kate M Forrest

Kate M Forrest

Posted

I can't say for sure. My primary practice is family law, so when I need WATCH reports it's to screen for potential issues with household members that might affect child placement, generally not for the benefit of the subject of the report. If I were getting a report for myself or a client and I found incorrect information like this it might raise red flags about possible identity theft if there is a female using his identity, or it could be as innocuous as someone checking the wrong box on a form, or there could be someone else who legitimately has the same name as him. Generally when there is a potentially problematic discrepancy or ambiguity we do a follow-up with fingerprints to make sure we have the right person's report, but that takes more time and money, so if it's not a problem with the employer and there are no issues with his credit report, that may not be necessary or worthwhile. It all depends on what the employer will accept. Also, he may want to contact the background check service the employer uses to get them to remove the incorrect information--sometimes more effective if you have an attorney make that demand, but possibly worth a try to do it yourself.

Asker

Posted

I think we will have to contact the company that did the original check. The Employer terminated his employment because of the report Sterling infosystems gave to them. They stated we had 8 days to dispute the information on the report however they took well over 2 weeks to give us the report (wouldn't go over it over the phone either, we tried) so by the time we got it it was "too late". We've made the employer aware of the issue and they pretty much told him too bad because they have always used this company, etc.

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