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

Answers:

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.


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