Where to start on an old felony charge that you don’t remember getting?

My wife recently lost her job due to an old felony charge on her record. The charge was from 6 years ago under her married name even though we were not married at the time. She asked what the charges where for and they told her it was for endangering the welfare of a minor, which she was held in jail pending a felony charge but was released when the DA did not file charges. She also has a paraphernalia charge which was handled in misdemeanor court, paying all fines. The felony was a charge for prescription drugs without a prescription. She’s completely clean now and we are making it together though just barely and her losing her job is going to make it that much harder. Where do we start to get this sorted?

Asked on July 5, 2016 under Criminal Law, Arkansas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your wife needs to demand a copy of the report that was used to terminate her employment.  Under the FCRA, your wife is entitled to a copy of the report so that she can dispute any incorrect entries on the report with the reporting organization.  If the employer refuses to give it to her, she can file a complaint with the FTC. Online complaints are free.  Once she has the report, she can then review it to make sure it's correct... or she can start calling the agencies to have them correct their info if an entry is not accurate.
Another option for getting her criminal history is to go to your local jail or police department and see if they will fingerprint your wife and run an NCIC report on your wife.  You want to request a national run, not just a state run, of her criminal history to make sure that something from another state is not popping up on her record.


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