HIDDEN ERRORS, REAL CONSEQUENCES – Navigating and Correcting Mistakes From A denied Background Check
Background Check Errors Can Significantly Impact Your Employment and Housing Prospects
Background checks play a crucial role in our lives, influencing employment, housing, and financial opportunities. Errors in these reports can lead to significant setbacks, from lost job opportunities to denied housing applications. Knowing your rights and how to address these errors is vital in safeguarding your future. Imagine finding out that a job offer was rescinded because your background check incorrectly showed a criminal record that wasn't yours. Such errors can be frustrating and damaging but are unfortunately common. Fortunately, a good background check attorney can help.
Identifying and Fixing the Blunders – Common Background Check Errors
Errors in background checks can take many forms, each with its own set of complications. Understanding these common errors and how they occur can help you – the consumer – better navigate and correct them.
Inaccurate Information
Mistaken identity or outdated information can lead to incorrect details in your report. You might discover that your background check includes criminal records of someone with a similar name from another state. This situation often arises due to clerical errors or incomplete data matching, where the background check company fails to accurately distinguish between individuals with common names. Such errors can be particularly problematic in industries with strict hiring standards, like healthcare or education.
Incomplete Records
Missing critical information, such as expunged records or recent updates, can create an unfair portrayal of your history. Suppose you had a minor misdemeanor expunged from your record years ago. However, your background check still shows this expunged record, impacting your job search and causing undue stress. Employers may view this outdated information as a red flag, leading to unjust consequences.
Mixed Files
Sometimes, your report may contain information from another individual with a similar name or background. Imagine being shocked to see a bankruptcy entry on your background check that belongs to someone else with a similar name. This mix-up can lead to complications in your financial applications, negatively affecting your credit score and your ability to secure loans or credit cards. Mixed files often occur due to errors in data entry or failure to cross-check identifying details like Social Security numbers.
Inaccurate Criminal Records
Incorrect or outdated criminal information can severely affect your chances of employment or housing. Even if you have never been convicted of a felony, your background check might mistakenly list a felony conviction due to a clerical error. This misinformation can result in you losing a job offer from a reputable company. Such errors are not only embarrassing but can also have long-term effects on one’s career prospects and personal life.
Outdated Information
Information that is no longer relevant or should have been updated can appear on your background check. For example, your background check might show an old address where you lived five years ago, causing confusion and delay in your mortgage approval process. Outdated information can be particularly problematic when accuracy and timeliness are critical, such as in applications for security-sensitive positions.
Mismatched Social Security Numbers
Errors in Social Security numbers can result in a mix-up of identities. You might find that your background check shows employment history for another person due to a one-digit error in your Social Security number, leading to potential issues with verifying your employment history. Such mistakes can cause significant disruptions in the verification process, potentially affecting job offers or financial transactions.
Incorrect Employment History
Errors in reporting past employment can lead to misunderstandings or missed job opportunities. Imagine your background check indicating you were terminated from a previous job, when in fact, you had left on good terms. This erroneous information jeopardizes your current job application process, causing unnecessary stress and possible job loss.
Mistaken Drug Test Results
Incorrect drug test results can have serious implications for job seekers. Suppose your background check includes a failed drug test that actually belongs to someone else, causing you to miss out on a job opportunity due to this mistaken result. Drug test errors can be particularly damaging in industries that require stringent substance use policies.
Legal Protections – Consumers Rights to Combat Background Check Issues
应对背景调查错误的复杂性可能令人望而生畏，但值得庆幸的是，现行法律已建立完善的保护机制来保障您的权益。联邦与州法律均提供申诉和更正不实信息的途径，确保您的背景报告真实准确。
《公平信用报告法》(FCRA)
《公平信用报告法》是一项联邦法律，旨在确保信用和背景调查中您信息的准确性与隐私性。该法律赋予您对不准确信息提出异议的权利，并要求报告机构必须更正错误信息。
Under the FCRA (15 U.S.C. § 1681n), consumers must be notified if information in their background check has been used against them. Violations can result in statutory damages ranging from $100 to $1,000 per violation, actual damages, and punitive damages in cases of willful noncompliance
《调查性消费者报告机构法》（ICRAA）
在加利福尼亚州，《消费者信用报告法》(ICRAA)为消费者提供了额外保护，包括同意披露和及时交付报告。
《加州信息收集与分析法案》（ICRAA，加州民法典第1786条）要求您知悉正在进行的调查性质与范围。违反该法案可能导致实际损害赔偿、惩罚性赔偿，以及每项违规最高10,000美元的法定罚款，并需承担律师费。
《加利福尼亚州消费者信用报告机构法》
该州法律通过规范消费者报告机构的活动，进一步保护加州居民权益。它要求信用报告机构遵循合理程序，确保报告所涉个人信息的准确性达到最大程度。
根据《加州消费者报告和广告法》（《加州民法典》第1785条），您有权了解信用报告中的内容，并有权对不准确或不完整的信息提出异议。违规行为可能导致实际损害赔偿（包括诉讼费用和律师费），若属故意不当行为，每项违规行为最高可处以5,000美元的惩罚性赔偿。
加利福尼亚州劳动法典
《加利福尼亚州劳动法典》的特定章节还规定了与就业背景调查相关的保护措施。
根据《加州劳动法典》第1024.5条，雇主不得为雇佣目的获取信用报告，除非该职位属于特定例外情况，例如管理职位、执法岗位或涉及重大财务责任的职位。此外，《加州劳动法典》第432.7条禁止雇主询问或考虑申请人的逮捕记录（未导致定罪的情况），但存在某些例外情形。违反这些条款可能导致民事处罚和损害赔偿。
发现背景调查错误后的七项行动步骤
Discovering errors in your background check can be alarming, but taking the right steps to address these inaccuracies can help mitigate potential negative impacts on your life. This section provides a practical guide on how to effectively handle and correct errors in your background check. Whether you are dealing with inaccurate criminal records, incorrect employment history, or other discrepancies, following these steps can help ensure that your background check accurately reflects your true history and qualifications. By being proactive and thorough, you can safeguard your opportunities and protect your reputation.
Step 1: Obtain Your Background Check Report
When applying for a job or undergoing an employment review, it's common for employers to request a criminal background check, often referred to as a "consumer report." These reports are provided by background check companies, known as "consumer reporting agencies" (CRAs). Common CRAs include Checkr, LexisNexis, HireRight, and Sterling.
Under the Fair Credit Reporting Act (FCRA), these companies are mandated to follow "reasonable procedures to assure maximum possible accuracy" in the reports they generate. Despite this requirement, background check reports frequently contain errors.
Step 2: Check the Box! – Ensure You Receive a Copy of Your Background Check Report
Employers must obtain your written consent before conducting a background check. Consent forms typically include a checkbox allowing you to request a copy of your report, which you should receive around the same time as your employer. Always check this box to stay informed about what is being reported about you. If the consent form lacks this checkbox, contact the background check company directly (their contact information should be on the form) to request a copy of your report.
Step 3: Common Errors – Identify Information That Should Not Be Included in Your Background Check
Certain types of information should generally not appear on your background check report. These include:
Records belonging to someone else (mismatched individuals).
Incomplete case information (e.g., missing charge names).
Arrests that did not lead to convictions (not reportable at all in California) and arrests older than seven years (not reportable in most other states).
Crimes that have been expunged or sealed.
Misleading information, such as a single charge listed multiple times.
Adverse driving history older than seven years.
Misclassified offenses (e.g., misdemeanors reported as felonies).
Arrests where you completed a diversion program.
Minor marijuana arrests older than two years.
Convictions older than seven years (California only, except for Uber/Lyft positions).
Step 4: Avoid Costly Mistakes – Recognize Common Errors in Background Check Reports
Criminal background check companies often make mistakes in their reports. According to the National Consumer Law Center, common errors include:
Mismatched individuals: People with no criminal record being mistakenly reported as having one, especially those with common names.
Missing critical information: Reports may list an arrest without noting that the person was later found innocent.
Reporting sealed or expunged records.
Providing misleading information: Single charges may be reported multiple times, giving a false impression of multiple offenses.
Misclassifying offenses: Reporting misdemeanors as felonies.
Step 5: Review and Dispute Errors in Your Background Check Report
Thoroughly review your background check report for any mistakes, inaccuracies, or information that should not be included. If you find any errors, we can assist you in disputing them and help you recover damages for any losses incurred due to an erroneous report.
The Fair Credit Reporting Act (FCRA) provides you with the right to dispute inaccurate information and mandates that CRAs correct any errors within a reasonable time frame. Additionally, in California, errors like those mentioned above might entitle you to compensation of $10,000 or more under the Investigative Consumer Reporting Agencies Act (ICRAA).
Step 6: Follow Up – Ensure Errors Are Corrected and Take Further Action if Needed
After disputing the errors in your background check report, it is crucial to follow up with the reporting agency to ensure they correct the mistakes within the legally required time frame, typically 30 days. Stay in contact with the CRA and keep detailed records of all communications. If the corrections are not made within the stipulated period, consider seeking legal advice to explore further actions. Persistence is key to ensuring that your record is accurate and free from errors. If necessary, legal avenues are available to help you address unresolved disputes, ensuring your background check report accurately reflects your history.
Step 7: Seek Legal Assistance From A Background Check Attorney if Necessary
If the background check company fails to correct the errors or you face further issues, consider seeking legal assistance. An attorney who specializes in consumer protection laws can help you navigate the dispute process and ensure your rights are protected. They can also advise you on potential legal actions if your dispute is not resolved satisfactorily.
雇主和房东获取或使用您的背景报告时必须满足的六项要求
Navigating the job market or finding suitable housing can be challenging, especially when background check reports come into play. Many job seekers and rental applicants encounter obstacles due to inaccuracies or errors in their background checks, which can unfairly impact their employment or housing prospects. Understanding your rights and the requirements employers and landlords must follow when obtaining or using these reports is crucial. This guide outlines the essential steps and legal protections, including the Fair Credit Reporting Act (FCRA) and the Investigative Consumer Reporting Agencies Act (ICRAA), to help you ensure your background check report is accurate and fair. Empower yourself with this knowledge to better protect your future opportunities.
1: Written Notice and Authorization Are Required
Before obtaining your background check report, your employer or potential landlord must provide you with a clear and conspicuous written notice indicating their intent to obtain a consumer report on you. This notice must be a standalone document, free from any other topics such as liability waivers. Additionally, they must secure your written authorization before proceeding. The written notice should include a section for authorization, or you should be given a separate authorization form to sign.
Requirement 2: Check-Box for Requesting Your Report – Ensure You Have Access
The written authorization form or section must include a check-box that allows you to request a copy of your background check report. If you check this box, the employer or landlord is obligated to provide you with a copy of the report within three days after receiving it.
Requirement 3: Accuracy and Fair Use – Protect Yourself from Inaccurate Information
Employers and landlords should not base hiring, rental decisions, demotions, or terminations on background check reports containing mistakes, errors, inaccuracies, or information that should not be included. Your report should not contain:
Records of someone else (mismatched individuals).
Incomplete case information (e.g., missing charge names).
Arrests that did not lead to convictions (not reportable in California).
Crimes that have been expunged or sealed.
Misleading information (e.g., single charge listed multiple times).
Adverse driving history older than seven years.
Misclassified offenses (e.g., misdemeanors reported as felonies).
Arrests where you completed a diversion program.
Minor marijuana arrests older than two years.
Convictions older than seven years (subject to constitutional challenges).
Requirement 4: Pre-Adverse Action Notice – Know Your Rights Before Adverse Decisions
If an employer or landlord intends to take any adverse action (such as not hiring you, not renting to you, demoting you, or evicting you) based on your background check report, they must first provide you with a copy of the report and a summary of your rights under the Fair Credit Reporting Act (FCRA). This gives you the opportunity to dispute any inaccuracies with both the employer or landlord and the background check company, often called a "consumer reporting agency" (CRA).
Common CRAs include:
Checkr
LexisNexis
HireRight
Sterling
Accurate Background
First Advantage
IntelliCorp
Requirement 5: Adverse Action Notice – Understand the Reasons Behind Employment or Rental Decisions
Should an employer or landlord take adverse action based on your background check report, they must provide you with a notice that includes:
The name, telephone number, and address of the background check company that supplied the report.
A statement that the background check company did not make the decision and cannot provide reasons for the adverse action.
Information on your entitlement to a free copy of the report from the background check company within 60 days.
Your right to dispute the accuracy and completeness of the report with the background check company.
Requirement 6: Follow Up – Ensure Corrections Are Made and Seek Legal Advice if Necessary
After disputing errors in your background check report, it is crucial to follow up with the CRA to confirm that corrections are made within the legally required time frame, typically 30 days. Keep detailed records of all communications and persist in ensuring your report is accurate. If the errors are not corrected, consider seeking legal advice to explore further actions. Persistence is key to maintaining the accuracy of your background check report, protecting your employment or rental prospects, and exercising your rights under the FCRA and relevant state laws. In California, the Investigative Consumer Reporting Agencies Act (ICRAA) provides additional protections, potentially entitling you to compensation of $10,000 or more for errors in your report.
寻求律师以获取可能的经济补偿。
我应该自己辩护吗？
不！ 若无律师代理，即便在法律层面胜诉，你几乎注定会败诉。这是因为你无法理解法庭适用的复杂程序，而法官不会为当事人免除规则约束。正如 亚伯拉罕·林肯 所言——"自己当自己律师的人，就是为愚人当律师。"
你负担得起律师费吗？
是的。许多 消费者权益保护律师，包括 我们团队，均可按风险代理方式为您处理背景调查事宜。就像您开车时看到的那些人身伤害广告牌——除非胜诉，否则无需支付任何费用。
