It can be very frustrating, you go to apply for a job, get hired and then the company needs to run a background check. Once it is run the background says that you have a criminal record, and you are denied the job. What to do?
The first thing is to obtain a copy of the report so you can see who the company is that provided the background check shows a false criminal record and to see what the criminal record is. If you cannot obtain this information, then ask for a copy of the application you signed which allowed the company to run a background check on you.
Once you have either a copy of the report and know what criminal case is false you need to dispute. The false criminal case on your background check should have a city, state and case number so you can see where the charges came from.
You (or a lawyer) need to contact the clerk and obtain a copy of the judgment or record showing this criminal history. Ordering the record will help prove that the background check shows false criminal record does not belong to you.
Now that you have the proof that this record does not belong to you, write a detailed dispute letter to the background check company stating how the information is inaccurate and does not belong to you.
Do not forget to include a copy of the judgment from the false criminal record with your dispute letter. The letter should be mailed via tracking, so you have proof they received it. You also need to tell your employer that the information is inaccurate, and you are disputing it.
How to Dispute a False Criminal Record on a Background Check
If an employer denies you a job due to information on your background check, they must provide you with an "adverse action letter." This letter includes:
- The name of the company that provided the background check.
- A summary of the information they used to deny you employment.
- A statement of your rights under the Fair Credit Reporting Act (FCRA)
Steps to Take:
- Carefully review the adverse action letter and the background check report. Identify the specific information that you believe is false.
- Contact the background check company directly to initiate a dispute. Most companies have a formal dispute process. Follow their instructions carefully, usually found on their website or the report itself.
- Write a clear dispute letter. Explain why the information is incorrect and provide any supporting documentation you have (e.g., court records, police reports, etc.). It's not legally required to include the adverse action letter, but it may help.
- Keep detailed records. Make copies of all communications with the background check company, including your dispute letter and any responses.
Important Considerations
- The background check company is legally obligated to investigate your dispute and correct inaccurate information.
- Even if the company fixes the error, you may still have a legal claim for damages if the false information negatively impacted your employment opportunities.
- If you're facing difficulties resolving the dispute, consider consulting with an experienced attorney who specializes in employment law or consumer rights.
What to Do When a Background Check Shows a False Criminal Record
Initiate a Dispute: Contact the background check company immediately to dispute the false information. Their website or the report itself should outline their specific dispute process.
Consult an Attorney: While not always mandatory, an attorney specializing in employment law or consumer rights can provide valuable assistance. They can:
- Review your dispute letters and help ensure they are effective.
- Guide you through the process to minimize stress.
- File a lawsuit if necessary to correct the information and potentially seek compensation for any damages.
Address Old or Expunged Records:
- Reporting Limits: Background checks generally cannot include negative information older than seven years. Exceptions may exist, so review your state's laws.
- Expunged/No Contest: If your record was expunged or resolved with a "no contest" plea, you may have grounds to have it removed from background checks.
Additional Tips:
- Obtain a Copy: If you haven't already, request a copy of your background check from the employer to identify the specific information in question.
- Understand Your Rights: Research state laws regarding background checks and reporting limits.
Can I sue for a false criminal background check?
The short answer is yes! If a consumer report or background check was published or given to a third party (i.e. employer) and they took adverse action because of it (fired you, declined job offer) then you are entitled to compensation.
An experienced attorney who handles these matters generally will take your case contingent meaning there is no fee to you unless the case settles, or you win. Most attorneys also offer free consultations so you can pick a lawyer’s mind at no charge. What type of compensation you are entitled to depends on the harm.
Did you lose a job opportunity due to a background check shows false criminal record?
If you lost a job opportunity and disputed the account over three times then generally the background check shows false criminal record information company will pay more than if you fix it almost immediately. Or if you get your job back.
The types of damages you are entitled to are actual damages, statutory damages, punitive damages and attorney’s fees and court costs—so pretty much the full range.
Not every person who has a false criminal background check will want to sue and could just want to put the matter behind them. However, if you have a false criminal background check then reach out to a lawyer, such as Cook Law, LLC for a free consultation to see if you have a case and what your options are. There is no harm in that.
A lawyer can not only help ease your mind, get you a clean background check but also possibly put some money in your pocket for your time, trouble, emotional distress and lost wages. If you have any questions, please do not hesitate to contact Cook Law, LLC!