I am confused as to what your primary concern is here? What is your goal with addressing this issue?
Even if this is an error, what makes you think that has any effect on the ability of the company to take the results of your criminal background check into account when making a hiring decision? If your record indicates that there is a job-relevant concern that would suggest there is an associated risk in selecting you for the work then they have every right to deny you a position.
Whether you have a case to bring against the employer for violating a requirement of the FCRA will not put the employer on the hook to engage in what they have deemed to be a potential negligent hiring practice and incur the resulting liability. Its possible that the employer could be cited in some way for this violation but I suspect that any action that might include would likely not benefit you much if at all.
As already stated on this thread, you could consider speaking with your company's HR department about this issue and they may be able to provide some clarity on the policy discrepancy related to what you were told about misdemeanors and what excludes you from consideration for a position. Its always possible that you might be able to get them to make an exception but it is not a guarantee. Beyond that, I suggest you move on from this and seek full time employment elsewhere.
Even if this is an error, what makes you think that has any effect on the ability of the company to take the results of your criminal background check into account when making a hiring decision? If your record indicates that there is a job-relevant concern that would suggest there is an associated risk in selecting you for the work then they have every right to deny you a position.
Whether you have a case to bring against the employer for violating a requirement of the FCRA will not put the employer on the hook to engage in what they have deemed to be a potential negligent hiring practice and incur the resulting liability. Its possible that the employer could be cited in some way for this violation but I suspect that any action that might include would likely not benefit you much if at all.
As already stated on this thread, you could consider speaking with your company's HR department about this issue and they may be able to provide some clarity on the policy discrepancy related to what you were told about misdemeanors and what excludes you from consideration for a position. Its always possible that you might be able to get them to make an exception but it is not a guarantee. Beyond that, I suggest you move on from this and seek full time employment elsewhere.