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Old 02-07-2018, 08:13 PM
 
1,248 posts, read 4,057,408 times
Reputation: 884

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I am shocked and frustrated because I cannot PROVE a negative.

I needed to get fingerprinted as part of a background check for a position as a contractor at a major bank.

I received an email from someone in the compliance department requesting "court documents" from an arrest from 1995 involving grand theft in San Jose CA showing the plea & disposition of this charge

I have absolutely no knowledge of this charge that the investigator is mentioning. I have never lived or worked in California and I was a freshman in college in NY in 1995.

My question is how do I prove a negative?? I cannot provide documents because I have never been arrested anywhere or charged with any crime.
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Old 02-07-2018, 10:10 PM
 
13,131 posts, read 20,990,305 times
Reputation: 21410
Are you sure the information was returned based on matched fingerprints or was it returned based on personally identifiable information? Start with getting a copy of the information returned that provides the details and jurisdictions. Contact them and see what they suggest. You can also find out if any of your local law enforcement agencies can run a new fingerprint only check to see if they still get the information or if it was an AFIS error.
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Old 02-08-2018, 05:24 AM
 
Location: The Triad
34,090 posts, read 82,975,811 times
Reputation: 43666
Quote:
Originally Posted by NickL28 View Post
My question is how do I prove a negative??
You don't. Turn it all back on them: "Your data is incorrect. Fix it."
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Old 02-08-2018, 04:57 PM
 
Location: on the wind
23,297 posts, read 18,824,628 times
Reputation: 75297
Quote:
Originally Posted by NickL28 View Post
I am shocked and frustrated because I cannot PROVE a negative.

I needed to get fingerprinted as part of a background check for a position as a contractor at a major bank.

I received an email from someone in the compliance department requesting "court documents" from an arrest from 1995 involving grand theft in San Jose CA showing the plea & disposition of this charge

I have absolutely no knowledge of this charge that the investigator is mentioning. I have never lived or worked in California and I was a freshman in college in NY in 1995.

My question is how do I prove a negative?? I cannot provide documents because I have never been arrested anywhere or charged with any crime.
I suppose you could provide proof that you didn't even live in CA at that time. Its not exactly perfect proof, as you could have traveled there, but this, added to the much better suggestions would help.
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Old 02-08-2018, 11:33 PM
 
1,248 posts, read 4,057,408 times
Reputation: 884
Well it turns out it was a miscommunication. The investigator who sent me the email told me to disregard and no additional information was needed and that he was completing the criminal portion of my background check and the next step was sending it for manager review.

I think that I failed the background check but no one wants to tell me and the contract agency that I am working for is just using conjecture (guesses not based on fact) by telling me that I will have a start date of next week but believes that I did fail the background check (likely because of credit) but is using positive thinking & conjecture (neither which is based on actual fact).

It seems that the smallest thing, miscommunication, any bad credit etc is a deal breaker for employment these days and many times no one will tell you (even if they know) the real reason. I have lost out on many jobs due to bad credit and my friend lost out on a job (actually was let go during the training period) as a bus driver for NYC Transit Authority due to receiving a cell phone ticket two years ago whereas otherwise his driving record was perfectly clear
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Old 02-09-2018, 10:42 AM
 
12,108 posts, read 23,281,885 times
Reputation: 27241
Are you taking plans to rebuild your credit?

NYC would have known about your friend's ticket long before he started training because it would have been part of his background check. If it was a disqualifying offense, he never would have been hired in the first place. It is more likely that he was not progressing appropriately in training.
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