It’s common for employers to do background checks on their employees, but these can also occur in other situations, such as when you’re applying for financing. If the background check isn’t accurate, it can have severe consequences on your life, preventing you from having a successful career, getting to live in your preferred house, or having a pristine reputation.
If you’re dealing with a background check dispute, there are many things you can do. Read the rest of this article to explore typical background check disputes, how to correct them, and how hiring a lawyer can help you to deal with them.
What are Common Background Check Disputes?
Background check disputes arise out of incorrect information. These include mistakes over the following:
- Personal information. This can include incorrect social security numbers, names, or addresses. In some cases, other people’s information can be mentioned in your background check.
- Criminal history. Erroneous criminal records can be associated with your name, which can cause huge problems for you in terms of your job prospects and reputation.
- Credit data. Examples include incorrect credit scores or accounts that can prevent you from buying a car or home.
How Should You Deal with a Background Check Dispute?
If you’re made aware of background check errors, you should take action to correct them. Here’s what to do.
Get a Copy of your Background Check
Contact the person or company who conducted the background check and find out how you can get a copy of your report.
After reviewing the background check report, you can notify the company who conducted the investigation to dispute any errors.
It’s wise to inform the company who requested the check that you are disputing it. This will prevent them from taking action, such as denying your application, until you correct the error.
Contact the Background Check Company
Reach out to the background check company in writing. Note that different companies will have different dispute processes, so you should research them to find out how to get in touch with them in the best way.
Provide specific information about what you’re disputing on the report so that they can investigate it. Here is what you should include in your dispute letter:
- Include all your accurate personal information, such as name, address, and contact details.
- Be specific about the mistake. Explain why it’s incorrect and explain how it should be corrected.
- Provide evidence. Your letter should include documents to prove the information you want changed is correct.
- Ask for corrections. Request that the company changes the inaccurate information and sends you an amended report.
Depending on the state, background check companies usually have between 30 and 45 days to investigate your query and respond to you with the results.
Contact a Lawyer
If you don’t hear back from the background check company or they don’t provide a resolution for the dispute, you should contact a lawyer to help you navigate the situation. They’ll be able to help you in various ways, such as:
- Spotting legal violations in the report.
- Sending demand letters to the company to correct the mistakes.
- Pursuing compensation on your behalf, such as if you’ve lost money because of the mistakes.
- Having legal knowledge of laws and regulations in your location, as background check rules vary in different states. This will ensure you choose the best dispute-resolution process for your location and situation.
Correct Mistakes with Other Organizations
Depending on the mistakes on your background check, you will have to dispute the errors with the specific organizations. For example, if there’s a mistake about money you owe, you should contact your creditors and inform them of the error.
This is required as the background check company might not be able to fix these mistakes if they come from other organizations.
Follow up with the Background Check Company
After submitting your dispute to the background check company, you’ll have to wait approximately 30 days before getting an answer. If you don’t hear from them, follow up. If they don’t respond to you after you follow up, or they receive your dispute but don’t correct the incorrect information, you can escalate your complaint.
File a complaint with the Federal Trade Commission (FTC) or your state’s Attorney General.
What are Your Rights During a Background Check?
According to the Fair Credit Reporting Act (FCRA), background check companies need to ensure that they:
- Give you a copy of your report if you request it.
- Let you know before negative action is taken as a result of the report.
- Investigate your background check dispute within 30-45 days.
- Remove or change any mistakes that are found on your report.
How Can You Prevent Background Check Disputes?
While it’s not always possible to prevent disputes on your background check because there could be forces beyond your control, there are some things you can do to reduce your risk of them in the future.
- Check all credit reports regularly. It’s wise to do this regularly so that you can spot any errors that could prevent you from getting financing.
- Maintain and update personal information. Make sure that you use consistent personal information on all forms you fill out. If your details have changed, such as if your surname has changed after marriage, make sure it’s accurate. This will help you have accurate information appear on background checks.
- Dispute any errors. If you catch any errors on documents, strive to fix them promptly.
Do you need a lawyer for a background check dispute?
If you’ve had a background check that has displayed errors, you should fix them quickly so that you minimize financial and other damages.
Contact a lawyer on ContractsCounsel, an online legal network that connects clients with vetted lawyers. They will be able to guide you through the process of disputing a background check in a legal way while prioritizing your interests.
