Applying for a job can be stressful, especially when something unexpected gets in the way, like an error in your employment background check. Many employers rely on information from consumer reporting agencies to make hiring decisions, and that’s usually okay.
But what happens when that information is wrong? A mistake could cost you a job or even damage your reputation, and that’s simply not fair.
Luckily, you have rights and options to fix it! We can walk you through the steps to challenge those errors and protect your career. If you suspect there’s an error in your background check, don’t let it jeopardize your future.
Reach out to our dedicated law firm today for a complimentary case review and let us help you reclaim your career opportunities.
Understanding Employment Background Checks
Employers often review your personal and professional history before making a hiring decision. These checks may include your criminal history, past jobs, education, and credit history. They are typically completed by third-party consumer reporting agencies that gather this information from public records and databases.
While these reports are meant to help employers, they are not always accurate. If the information collected is incorrect or outdated, it can lead to unfair treatment. That’s why knowing how these checks work and what to do if something is wrong is so important.
Common Errors Found in Background Checks
Mistakes happen more often than people realize. Some of the most common errors include:
- Records belonging to someone else with a similar name
- Incorrect or outdated criminal charges
- Wrong birth dates or Social Security numbers
- Missing or misreported jobs or education
- Sealed or expunged records still show
Even a small issue in your file can send the wrong message to a potential employer and affect your job prospects.
Impact of Background Check Errors on Employment
Errors in your screening report can lead to serious consequences. You may lose a job offer or even be fired from a position you already hold. Employers rely on these reports to decide whether to trust you with responsibilities, clients, or sensitive information. If the report paints an unfair picture of your background, you might never get the chance to explain.
Some job seekers don’t even realize that an error is the reason they weren’t hired. That’s why reviewing your report and knowing how to respond is so important.
According to First Advantage, 61% of background checks revealed discrepancies, with 87% of these discrepancies occurring in employment and academic verifications.
Your Rights Under the Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a federal law that protects people when background reports are used for decisions like employment, housing, or credit. It provides important rules that companies and reporting agencies must follow.
The Right to Access Your Background Check Report
If an employer plans to make a decision based on your report, they must give you a copy of it. This lets you see the information and gives you a chance to dispute any errors before any action is taken.
The Right to Dispute Inaccurate Information
You also have the right to challenge incorrect items. The reporting agency must investigate your claim and make corrections, usually within 30 days. Ignoring or refusing to fix known mistakes could be a violation of consumer rights laws.
Pre-Adverse Action Notice Requirements
Before an employer can deny you a job due to something in your report, they must send a pre-adverse action notice. This gives you a fair warning and time to correct mistakes before the employer makes a final decision. They must also include a summary of your legal protections under the FCRA.
Steps to Challenge Background Check Errors
Challenging a background report error takes a few steps, but each one is important for setting the record straight.
Requesting and Obtaining Your Background Check Report
Start by asking the employer or the reporting company for a copy of the report they used. You are entitled to a free copy if the report led to a negative decision, such as not being hired.
Reviewing the Report for Discrepancies
Look over your report carefully. Watch for:
- Criminal charges that aren’t yours
- Jobs or education you didn’t complete
- Misspelled names, wrong birth dates, or incorrect Social Security numbers
Flag anything that doesn’t look right.
Filing a Dispute with the Background Check Company
If you find incorrect or outdated information, send a written dispute to the consumer reporting agency. Be specific about what’s wrong, and include proof like court records, IDs, or official documents. The company has 30 days to investigate and update your report.
Documenting Your Dispute Efforts
Keep detailed records of everything you do:
- Save copies of letters or emails
- Write down the dates of phone calls and who you spoke with
- Keep receipts for any mailed documents
This paperwork is important if the situation doesn’t get resolved or if you need to take legal action later on.
Legal Support and Remedies
If the report is not corrected or you’ve suffered a job loss, it may be time to talk to a lawyer.
When to Consider Hiring a Background Check Lawyer
Some cases are simple to fix, but others are more complicated. If your disputes aren’t getting results, or if you’ve missed out on income, contact a Chicago employment background check attorney. A lawyer can guide you through the legal process and help you take further action if needed.
Understanding Potential Compensation for Damages
If your rights were violated, you may be able to recover money for:
- Missed wages or job opportunities (compensatory damages)
- Emotional distress
- Legal expenses
- Punitive damages if the company acted carelessly or on purpose
An attorney can help you figure out what kind of compensation might apply to your case.
Preventive Measures for Future Background Checks
There’s no way to fully prevent mistakes, but you can lower the chances of them hurting you in the future.
Regular Monitoring of Personal Records
Check your consumer credit information and public records regularly. Catching mistakes early gives you more time to fix them before applying for a job.
Proactively Correcting Public Record Errors
If a court, police department, or government agency has wrong information about you, ask how to get it corrected. That data often flows into other systems and could show up on future reports.
Additional Resources and Support
You don’t have to do this alone. Many helpful organizations can support you during this process.
Government and Nonprofit Resources
The following groups offer free tools, sample letters, and complaint support:
- Consumer Financial Protection Bureau
- Federal Trade Commission (FTC)
- Local legal aid services
Networking with Employment Advocacy Groups
Worker rights organizations can help you understand your situation and connect you with professionals. They may also offer classes or legal clinics to guide you through the process.
Frequently Asked Questions
What is an adverse employment action?
This means being denied a job, promotion, or benefit based on information in your report. Employers must give you notice before taking this step.
Who can pull a background report on me?
Only people or companies with a legal reason, like employers, landlords, or lenders, can access your report. They must follow strict rules when doing so.
How far back can a background check go?
Criminal convictions can appear indefinitely. Other information, like non-convictions or credit history, often has limits of 7 to 10 years.
Will traffic charges like speeding tickets show up on a background check?
Most traffic tickets don’t appear unless they were part of a criminal case or are relevant to the job, such as positions involving driving.
Conclusion
Mistakes in your background report can be scary, but you don’t have to face them alone. Knowing your rights under the Fair Credit Reporting Act, taking clear steps to fix errors, and getting legal help to dispute inaccuracies can make a big difference.
Stay informed, check your records often, and don’t let errors define your future.
If you’re facing issues and need expert guidance, don’t hesitate to reach out to our dedicated Consumer Protection Lawyers. Contact us today for the assistance and advocacy you deserve.