Review your background check report and make sure there are no mistakes, errors, inaccuracies, or information that should not be on your background check report.
Step 1: Get a copy of your background check report when your employer or potential employer obtains a background check report on you.
In the current job market, most employers will obtain a criminal background check report (often called "consumer report") on you through a background check company (often called "consumer reporting agency" or "CRA") at some point in the hiring or employment review process.
Under the Fair Credit Reporting Act, companies are required to use "reasonable procedures to assure maximum possible accuracy." However, according to experts, mistakes on background check reports occur routinely.
Step 2: Check the box and get free copy of your background check report.
Employers or prospective employers are required to get your written consent before they obtain a background check report. When employers ask for your consent to obtain a background check report, they should give you a form with a check box, giving you an opportunity to request a copy of any report that is obtained. Always check this box so you can get a copy of your background check report.
Step 3: Know what information should generally not be on your background check report.
- Mismatched people. (i.e. record of person other than you)
- Incomplete information about a case.
- Arrests that did not lead to conviction.
- Crimes that have been expunged or sealed.
- Misleading information. (i.e.single charge listed as multiple times)
- Adverse driving history that are older than 7 years.
- Misclassified offenses. (i.e. misdemeanor reported as felony)
- Arrests for which you have successfully completed a diversion.
- Certain minor marijuana arrests that are older than 2 years.
- Convictions that are older than 7 years. This California law is currently being subject to constitutional challenges.
Step 4: Keep in mind that according to experts, criminal background check screening companies routinely make errors in background check reports.
According to the National Consumer Law Center, criminal background screening companies routinely make errors such as the following. https://www.nclc.org/issues/broken-records.html
- Mismatch people: A person with no criminal record may be mismatched with a person who has a record and consequently, the background check report for a person with no criminal record indicates a record. Experts say that this may be problematic for people with common names. See NBC's Jeff Rossen's Article. http://www.today.com/id/49505767/ns/today-today_news/t/rossen-reports-background-check-firms-making errors/#.U_KLqfldUWA.
- Omit crucial information about a case. The background check report may indicate an arrest record for someone who was later found to be innocent.
- Reveal sealed or expunged information.
- Provide misleading information. The background check report may list a single charge multiple times which may cause the employer to believe that the job applicant or employee had multiple charges.
- Misclassify offenses.
Step 5: Review your background check report and determine if there are mistakes, errors, inaccuracies or other information that should not be in your background check report.
We can help you dispute mistakes or errors in your background check report and help you recover damages for any loss suffered due to an erroneous background check report.