What are my rights regarding an identity mix-up bythe state court which has resulted in ecomonic loss to me?
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What are my rights regarding an identity mix-up bythe state court which has resulted in ecomonic loss to me?
For the last 10 years, the state court had information on file regarding a person with the same first and last name as I have with the same birthday. Because they neglected to input additional information about this individual her felony record showed up every time someone searched my background. I lost numerous job opportunities because it took me nearly a decade to realize this was happening. Do I have a claim against the state? I can prove at least some of the opportunities lost.
Asked on November 12, 2011 under Personal Injury, Nevada
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may not because in most situations, the state may not have a duty to you and further, it may have done what it needed to do to fulfill its legal requirements. In fact, the state's defense may be it thought it was you. What you may need to do is find out if the state had the social security number of this other person and yet reported it under your name. Check your credit reports and make sure you check background checks and contact the FBI to fix this matter. If it took you nearly a decade, the issue may be a timeliness matter in that the state's defense may be that if this was the situation, your own due diligence may require you to have figured out the issue a lot longer. The best thing to do at this point, is to check your credit report. If you feel like you have actual proof that you would have been hired had this not been on your record (i..e, written proof from an employer) than the issue may be brought to an attorney. Again, please realize that if you have this proof from years ago, the state will use that as a defense.
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