TL;DR: Under the US Fair Credit Reporting Act, an employer must get your written permission before running a background check, and must give you a copy of the report and a summary of your rights before rejecting you because of it. If the report is wrong, dispute it directly with the screening company (Checkr, HireRight, Sterling or whoever is named), send proof, and ask it to send the corrected report to the employer. Screening companies generally have 30 days to investigate.
Your rights before and during a background check
The FTC explains that employers using a background screening company must:
- Tell you in a separate written document that a background report may be used for hiring, promotion or firing decisions.
- Get your written permission before the check is run.
- Before rejecting you because of the report, give you a copy of it and a "Summary of Rights" under the Fair Credit Reporting Act (FCRA). This is the pre-adverse action notice, and it's your window to dispute.
- If they then reject you, tell you the screening company's name, address and phone number, that the company didn't make the decision, and that you can dispute errors and request a free copy of your report within 60 days.
Background checks in India work differently; see how employers run background checks in India.
Common background check errors
- Someone else's record matched to you because of a similar name or date of birth
- Sealed or expunged records that should not be reported
- Charges reported as convictions, or dismissed charges shown as pending
- The same case listed twice
- Wrong employment dates or education details
- Records belonging to an identity thief who used your details
How to dispute an error, step by step
- Get the report. Use the copy from the pre-adverse action notice, or request one from the screening company. The CFPB's list of consumer reporting companies explains how to find and contact employment screening firms; many won't have a file on you unless an employer ordered one.
- Mark every error. Note the case number, court, date and what's wrong.
- Gather proof: court dispositions, expungement orders, ID showing a different date of birth, employment letters or diplomas.
- Dispute with the screening company, using its online candidate portal, email or mail. Explain each error, attach copies (never originals), and keep a record of what you sent and when.
- Tell the employer at once that you're disputing the report, so they hold the decision.
- Ask for the corrected report to be sent to the employer once the investigation is done.
Under section 1681i of the FCRA, a consumer reporting company must reinvestigate free of charge within 30 days of receiving your dispute. If the item turns out to be inaccurate, incomplete or can't be verified, it must delete or correct it promptly.
If the error comes from identity theft
If records in your report belong to someone who used your identity, report it at IdentityTheft.gov and include the identity theft report with your dispute. See how to report identity theft to the FTC and how to file a police report for identity theft. Freeze your credit too: how to freeze your credit.
If the company or employer breaks the rules
- Report it to the FTC at ReportFraud.ftc.gov and to the CFPB, which handles complaints about consumer reporting companies.
- State and city "ban the box" and fair chance laws may limit what employers can ask about criminal or credit history.
- An employment lawyer can advise if you lost a job because of an inaccurate report; FCRA violations can lead to damages.
Background checks vs people-search sites
Licensed screening companies must follow the FCRA. People-search sites usually say they're not consumer reporting agencies and can't be used for hiring, but their data often feeds the same records. Removing yourself helps: see FastBackgroundCheck opt-out and opting out of US people-search sites.
Identity thieves who create records in your name usually start with leaked personal details. A free email exposure check shows which breaches your email appears in.
Frequently Asked Questions
How do I dispute a Checkr or HireRight background check?
Contact the screening company named on your report, explain each error, attach proof such as court dispositions, and ask it to send a corrected report to the employer. Tell the employer you are disputing.
Does an employer have to show me my background check?
Yes. Under the FCRA, before taking adverse action based on the report, the employer must give you a copy and a Summary of Rights.
How long does a background check dispute take?
Consumer reporting companies generally have 30 days to investigate a dispute under the FCRA.
Can a background check show sealed or expunged records?
It should not. If a sealed or expunged record appears, dispute it and send the court order.
Where do I complain about a background check company?
To the CFPB, which handles complaints about consumer reporting companies, and to the FTC at ReportFraud.ftc.gov.
Sources
- US Code: 15 U.S.C. 1681i, Procedure in case of disputed accuracy
- FTC: Employer background checks and your rights
- CFPB: List of consumer reporting companies