What can I do if I have a felony conviction that is coming up on my criminal history background check but it is not mine?

Can I sue the state, the court system, judge, arresting/ processing officers or anyone? I have been declined several lucrative employment opportunities due this error.

Asked on February 1, 2016 under Criminal Law, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the state, police, and company that does the background check for negligence.  Negligence is the failure to exercise due care (that degree of care that would have been reasonable to prevent foreseeable harm).  
Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be lost income from employment you were denied due to the erroneous criminal record.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.