How do I prove that I never was arrested/convicted of a crime?

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How do I prove that I never was arrested/convicted of a crime?

I was denied employment because of an adverse background check stating that I had a felony conviction for drugs. The report states that it came back with my name and social security number. I have never been arrested. How do I clear this?

Asked on November 11, 2010 under Criminal Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, you may want to go and seek help from an attorney in your area.  Here is what I would do though. First, get a copy of the background check or do a check yourself.  Once you have obtained a copy then you will need to go down to the court that issued the "conviction" and seek to view the court file.  You have a right if it is your conviction.  Look to see what may have happened: did someone steal your identity without your knowing?  Is there a picture in the file from the booking of the offender?  That would be a big plus.  Then you may have to contact the Prosecutor's office to try and straighten out the problem.  But how you resolve it will really depend on what you find through your investigation.  Good luck. 


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