Imagine you aced the interview for your dream job. You researched the company, prepped your answers, and even got along swimmingly with the hiring manager. But then, silence. A week later, you receive the dreaded email: "We regret to inform you..." Confused and frustrated, you reach out to the company only to discover a red flag on your background check derailed your chances.
This scenario isn't uncommon. Background checks are a standard part of the hiring process, but mistakes happen – and surprisingly often. In fact, studies show that nearly 1 in 10 background checks contain errors!
But here's the good news: You don't have to be a victim of a bad background check. The Fair Credit Reporting Act (FCRA) grants you rights to ensure the information on your report is accurate. Here's what you can do to fight back and clear your name:
Step 1: Get a Copy of Your Report
The very first step to fixing your background check is understanding the information that is being reported about you. This might seem daunting, but the good news is you have the right to access your background check report for free! Here's how to get your hands on it:
Know Your Credit Bureau Buddies: There are three major credit reporting bureaus in the US: Equifax, Experian, and TransUnion. Each one compiles information used in background checks, so you'll want to request a report from all three.
Free Report, Once a Year: The FCRA guarantees you a free copy of your credit report every 12 months.
Pro Tip: Stagger Your Requests!
Stagger your background check requests throughout the year. This can give you a more continuous view of your background check information. Review your background reports every few months to stay on top of any potential errors.
Step 2: Spot the Errors - Becoming a Background Check Bloodhound
Once you've obtained your background check, you'll need to check for any errors. Here's what to watch out for:
Mistaken Identity Mishap: Our names are a big part of our identity, and even a minor misspelling can cause major headaches in a background check. Look for any discrepancies in your full name, date of birth, or Social Security number (keep an eye out for transposed digits!). Be on the lookout for information that belongs to someone with a similar name.
Outdated Information Haunts You No More: Life is full of changes, and your background check report should reflect that. Be wary of any information that seems outdated like old addresses or past employment details no longer relevant. The FCRA limits how long certain negative information can be reported.
Criminal Record Resurrection? Not on Your Watch! Sometimes, sealed or expunged criminal records can reappear on background checks. If you see any criminal records, you believe shouldn't be there, investigate further. Court documents or proof of expungement can be helpful evidence to dispute these errors.
Eliminate Duplicates: Errors can creep in when the same offense is listed multiple times. If you spot duplicate entries, carefully review the details and dispute any unnecessary repetition.
Mislabeled Offenses: Background checks should accurately reflect the severity of any offenses. Be sure to lookout for mislabeled offenses which can have serious consequences for your job prospects.
Step 3: Dispute the Errors
Unearthed an error in your background check report? The Fair Credit Reporting Act (FCRA) empowers you to fight back. Here's how to dispute those errors and clear your name:
The Power of the Written Word: While some credit reporting agencies might offer online dispute options, sending a dispute letter via certified mail remains the most reliable method. A physical letter creates a clear record and ensures the company receives your dispute.
Be Clear and Concise: In your letter, clearly identify the specific information you believe is wrong. Don't be vague – pinpoint the exact error and explain why the information is wrong. Briefly state the facts and provide any evidence to support your claim.
Evidence is Your Best Weapon: Attaching documentation strengthens your dispute. This could include court documents verifying expunged records, pay stubs proving past employment, or letters from previous employers clarifying job titles or responsibilities. The more evidence you provide, the stronger your case becomes.
Keep a Paper Trail: For your own protection, always keep copies of everything! Make a photocopy of your dispute letter, any evidence you include, and the certified mail receipt as proof you submitted the dispute.
The Waiting Game (But It's Worth It): Once you've submitted your dispute, the background check company is legally obligated to investigate your claim within 30 days. During this time, they'll likely contact the source of the information (e.g., credit bureau, court records) to verify your claims. Be patient - the investigation process takes time, but a thorough investigation increases the chances of a successful outcome.
The Outcome: After the investigation, the background check company will inform you of their decision. Hopefully, they'll find in your favor and remove the inaccurate information from your report. However, if they uphold the disputed information, there are still steps you can take (explained in Step 4).
Step 4: Be Persistent
Disputing errors on your background check report can be a frustrating process, but don't give up after the initial round! Here's what you can do if the background check company upholds the disputed information:
Request a Reinvestigation: The FCRA allows you to request a reinvestigation if you're unhappy with the initial outcome. This essentially gives you another shot at proving your case. Gather any additional evidence that might support your claim and submit it with your request for reinvestigation. The more compelling your case, the greater the chance of a successful turnaround.
File a Complaint with the FTC: The Federal Trade Commission (FTC) is a government agency that oversees fair credit reporting practices. If you believe the background check company mishandled your dispute, you can file a complaint with the FTC. This can put pressure on the company to re-evaluate your case.
Consider Legal Help: For significant errors that are severely impacting your job search, consider seeking legal assistance. An attorney specializing in fair credit reporting laws can advise you on your legal options and represent you if necessary. While legal fees can be a factor, a lawyer can significantly increase your chances of a successful outcome, especially in complex cases.
Winning Tips:
Time is of the Essence: The sooner you address the errors, the less likely they are to derail your job search.
Organization is Key: Keep a meticulous record of all your communications and documents related to the dispute. This includes copies of your dispute letter, any evidence you submitted, correspondence with the background check company, and the FTC complaint (if you filed one). Having a clear paper trail will be crucial if your dispute goes to court.
A flawed background check doesn't have to spell the end of your dream job aspirations. By understanding your rights under the FCRA, proactively requesting and reviewing your background check report, and diligently disputing errors, you can regain control of your narrative. Remember, patience and persistence are key. Don't be discouraged by initial setbacks – continue to advocate for yourself, and you'll increase your chances of a successful outcome.
Your future is too important to be left to chance. Take the steps outlined in this guide and reclaim your reputation. Contact us at Cook Law LLC if you have any further questions.