If acrime I was never charged with showed up on my criminal background check, how do I get rid of it?

UPDATED: Jan 1, 2012

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If acrime I was never charged with showed up on my criminal background check, how do I get rid of it?

My employer found a crime I was never charged with on my criminal background report. How do I get rid of it so that it doesn’t show in the future? Can I sue for libel?

Asked on January 1, 2012 under Personal Injury, California


Kelly Broadbent / Broadbent & Taylor

Answered 11 years ago | Contributor

First, I would suggest going to the court that the charges came out of and request a copy of the court file.  You should take a close look to make sure that someone did not steal your identity. 

One possibility may be to file a motion to reopern the matter and to dismiss, based on the fact that you were never arrested or charged with the crime.  If there is any evidence of identity theft, the courts may be willing to do this. 

As an alternative, you may be able to file a motion to seal the matter with the court, or in the alternative with the board of probation. 

If you did seal the matter, it would be available to law enforcement, however, not to employers.

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