Q: Hello, A background check on me provided false information re: a sexual assault conviction. Can I sue?
Upon volunteering with Catholic Charities (CC) in N. Virginia, I provided complete information for a background check. CC engaged a firm (SSCI) in GA that replied with a sexual assault conviction complete with a prison sentence.
This is completely false. I have never been to the city or area in question nor have I ever committed any crimes at all.
I do have a very common name which SSCI researched without using a unique identifier. They did not take any follow-up steps to verify the criminal information before sending it to CC. They have, after the fact, offered to request more details such as physical description from NY's legal system. The results are pending.
Do I have a legal case? If so, how would I proceed?
A: In Virginia, there is no cause of action for "misidentification." If you have evidence and can prove that SSCI intentionally defamed you, you may have a cause of action for that issue. Then you will need to show how you were injured and what was the monetary damages. This will be an uphill battle.
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