If any error's are identified on your background check , aim to fix them before they can cause problems for your potential employment. Most employers perform background checks on possible hires, but the information they receive may contain many mistakes, including:
- Information about another person who has a similar name,
- Old information that should have been removed from your background check,
- An incorrect credit, employment, or criminal record, and
- Mistaken or stolen identity.
Can An Incorrect Background Check Cost You Employment Opportunities?
When a background check company makes a mistake, you might have trouble getting hired. We understand your situation and know how difficult it may seem to fix it. That’s why we’re here!
A background check company can make serious errors. In fact, background check errors harm thousands each year. Imagine the damage you’ll suffer if you’re mistakenly identified as a criminal.
What Are Your Rights Under the FCRA?
Thankfully, you have the right to fight back against incorrect background information because of federal laws such as the 1970 Fair Credit Reporting Act (FCRA). Under the FCRA:
- You have the right to be told if a background check or employment report has been used against you (i.e., to deny you a job, housing, credit, etc.).
- You can receive a copy of the background check file
- An employer must get written consent from you before pulling your credit report. Some states do not allow employers to pull credit reports as part of a background check.
- You can dispute incorrect, unfair, or expired information on your background check.
- You have the right to sue the background check provider when it violates the FCRA.
If someone violates any of these rights, you may be entitled to money when an inaccurate background check prevents your hire.
How Can You Dispute Mistakes in Your Background Check?
You can dispute errors on your background check. Most companies supplying these checks have a website area that lets you challenge incorrect information on your background check. Typically, you fill out and send in an online form and copies of any supporting documents. Never send original documents. If you prefer, you can begin a dispute over the phone or by mail.
Each challenge should have the following:
- Information about yourself, including any account numbers for the items under dispute
- A description of the items under dispute
- The reason for your dispute
- A detailed explanation of your reasoning, backed by supporting documents and other evidence
Time Frame for Background Check Disputes
Under the FCRA, background check companies and employment reporting agencies have 30 days to accept or deny your dispute. They will send you a letter with their decision. You have the right to appeal unfavorable decisions.
If you do not hear back within the 30 day period, this is a violation of the FCRA and you may be entitled to sue for damages.
Using a Law Firm for Background Check Errors
Who can you turn to if an incorrect background check or employment report is used to deny you a job, credit, or housing?
An attorney! That's who. We've put together a network of local attorneys that specialize in consumers--just like you--who've been injured, damaged, fired, and rejected, due to errors on background reports, and we'll put you in touch with local counsel to get you the most relief possible.
