Dispute on your Background Report

Hopefully, in the coming months, we will get control over the pandemic and many of us will have a chance to get back to work.  But with so many businesses closing, many of us will be starting all over again, looking for new jobs.  And with job-seeking goes the background checks.  More and more employers require background checks prior to hiring.  The question is, what do you do when your background report comes back with errors?

First, the Fair Credit Reporting Act (FCRA) applies here.  Even though we are not talking about credit, the FCRA applies to such circumstances where not only credit information, but background information is shared.  The employer must provide you with a copy of the portion of the report that reflects the negative entry that is costing you the job.  Also, the employer must identify the name and address of the company that provided the background report.

Once you have the identity of the background company, disputing becomes easy.  Its the same as the FCRA.  You simply send in a dispute letter, identifying specifically what is incorrect on the background report.  For instance, if a conviction which has been expunged is still being reported, you would notify them that they are reporting an expunged conviction, and you would be wise to enclose a copy of the expungement order.  Just as the credit bureaus are required to respond within 30 days, so too are the background reporting companies.  These companies must respond to your disputes within 30 days, and you can demand that they send a new report to your potential employer.

If you are looking for employment, and your background report contains errors, call SmithMarco, P.C. for a free case review.

Larry Smith
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