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If your employment background check contains errors, you can dispute them with the background check company. Request a copy of your report, identify any inaccurate information, and submit a dispute with supporting documents. The company generally has about 30 days to investigate and must correct or remove information that cannot be verified. If your dispute is ignored or mishandled, a background check lawyer can protect your rights and pursue corrections.
What Types of Errors Can Appear on an Employment Background Check?
The types of errors that can appear on an employment background check include:
- Criminal records that belong to someone else or mistate your record
- Incorrect personal information
- Outdated records
- Duplicate entries
- Inaccurate employment history
- Errors involving educational credentials
- Identity mix-ups
- Driving record errors
Employers often rely on background reports when evaluating applicants, so incorrect information can create concerns about qualifications or eligibility for a position.
How Do Background Check Errors Happen?
Background check errors can happen for many reasons, including data entry mistakes, outdated records, identity mix-ups, and inaccurate information from courts, or other data sources.
Regardless of what caused the error, the Fair Credit Reporting Act (FCRA) gives you the right to dispute false information and seek correction of your report.
How Do You Get a Copy of Your Background Check Report?
You can get a copy of your background check report by requesting it. If an employer used a background check to evaluate your application and took adverse action based on the report - you generally have the right to receive a copy of the report and information about the company that prepared it.
You may also request a copy directly from the consumer reporting agency that created the report, which means from the background check company itself.
What Is the Process for Disputing Background Check Errors?
The process for disputing background check errors typically includes: requesting your report, reviewing it for discrepancies, gathering copies of supporting documents, submitting your dispute in writing either online or through certified mail. There may be strategic advantages to using the mail-in option.
After disputing in writing, expect to wait about 30-days for an investigation. During the investigation, the company that reported the information will likely be contacted to verify its accuracy. If the information cannot be verified or is found to be inaccurate, the agency must correct or remove it from the report.
What Information Should You Include in a Dispute?
The information you should include in a dispute is:
- Your full name
- Your full contact information
- The background check report reference number for your report
- A clear, thorough description of the disputed information, why it’s incorrect, and what evidence you have to support your position
- A direct request that the false information be corrected or removed
- Copies of documents supporting your dispute
Disputes should clearly identify errors and provide supporting evidence when possible, such as: court records, government-issued identification, or other records that prove the error.
How Long Does a Background Check Dispute Take?
How long a background check dispute takes depends on processing times. By law, under the Fair Credit Reporting Act (FCRA), most disputes must be investigated and corrected or removed within 30 days. Complex disputes may require additional time if the agency needs more information or has to verify records from multiple sources. Typically, this extends the investigation timeline to 45 days.
Failure to investigate or respond to a dispute within the alloted time violates the background screening company’s legal obligations under the FCRA.
What Happens After You File a Dispute?
After you file a dispute, the background check company must investigate the information you challenged. It may contact the court, employer, school, or other source that supplied the information. If the information is wrong or cannot be verified, it has to be corrected or removed.
If errors stay on your report after disputing, consider reaching out to a consumer protection lawyer to discuss your rights.
What Are Your Rights Under the Fair Credit Reporting Act (FCRA)?
Your rights under the Fair Credit Reporting Act (FCRA) include the right to:
- Be informed before an employer obtains a background check
- Provide written consent before a background check is conducted
- Request and review a copy of your background check report
- Dispute inaccurate information in the report
- Have errors investigated and corrected
- Receive notice if the details in the report leads to an adverse employment decision
- Seek legal remedies when background check companies violate the FCRA
These protections are designed to promote accuracy and fairness in the hiring process. If a background check contains errors or your rights were violated, you may have options to challenge the report and pursue compensation for any resulting harm.
What If the Error Cost You a Job?
If a background check error costs you a job, you may have legal options under the FCRA. These may include recovering lost wages, actual damages, statutory damages in certain cases, and attorney’s fees and costs.
Can You Sue for Background Check Errors?
Yes. In some situations, you can sue and take legal action for background check errors. These options are typically available when background screening companies fail to comply with the FCRA or other laws.
Claims can arise when incorrect information is reported, disputes are not properly investigated, required notices are not provided, or background screening procedures violate legal requirements.
Frequently Asked Questions
Yes. Consumer reporting agencies (which includes background check companies) generally cannot charge a fee for disputing inaccurate information in a background check report.
Many background check companies offer online dispute systems. Some also accept disputes by mail or telephone. There may be strategic advantages to disputing through certified mail.
The company’s contact information is often included in the report or in notices provided by employers. Most agencies also publish dispute instructions on their websites.
If the employer relied on inaccurate information from a background report, you may still dispute the error with the screening company and request correction of the report. The employer is not obligated to reconsider its hiring decision, even if errors are corrected.
In some cases, yes. Promptly reviewing the report and submitting a dispute may allow corrections to be made before the employer completes the hiring process.
If the screening company maintains that the information is accurate, you should consult a background check lawyer to see if filing a lawsuit is an option. Through a lawsuit, you can seek corrections and compensation for any resulting harm.
Yes. Identity theft can affect your background check. ID theft can lead to false criminal records, educational or employment data, or other information being incorrectly associated with your file, leading to false reporting.