Why it’s Important to Challenge a Criminal Background Report When it’s Wrong
Recently, two clients of mine underwent job-related, criminal background checks. In one case, the background check falsely reported that my client had an outstanding warrant for an old felony case. She lost the job opportunity.
In the other instance, the background check disclosed a felony conviction I’d helped my client seal several years earlier. At the time of this writing, I do not know if my client, who was originally hired without undergoing a background check but then applied for a promotion – prompting the recent background check – still has a job.
Too Few People Know Their Rights Under the FCRA
By now, one thing should be clear to anyone reading this article: background checks are not foolproof. Among the problems associated with sloppy and inaccurate background checks are that too few people realize they have a right to challenge the information with the company (consumer reporting agency or “CRA”) who obtained it.
The right to challenge background reports is provided for under the Fair Credit Reporting Act (FCRA), the federal law that regulates the CRA industry.
One of the primary reasons why these reports go unchallenged is because job applicants frequently don’t receive a copy of the report – again something they are entitled to under the FCRA. If a question arises regarding the accuracy of the report and you haven’t been given a copy of it to review, ask for it.
Real Consequences Follow an Inaccurate Criminal Background Report
In the case of my client who lost a job opportunity because of an alleged outstanding arrest warrant, she was never provided with a copy of the report. It was only after I looked up her record was I able to identify the case in question and, more importantly, assure my client that, no, she did not have an outstanding warrant for her arrest. Sadly, had my client been given a copy of the background report and had an opportunity to get the information corrected, the job offer might not have been withdrawn.
As is often the case, when criminal information such as described in this article is reported on a background check, pending job offers suddenly vanish and employers stop returning a job applicant’s calls and e-mails.
In effect, the very safeguards put into place under the FCRA to ensure the accuracy of (as well as the ability to correct) information contained in an applicant’s criminal or credit background report break down.
Don’t Ignore a Flawed Criminal Background Report: Challenge It
While the odds of salvaging a job offer are slim once sealed, false, or inaccurate criminal information appears on a background report, that does not mean one shouldn’t contest the information. If you don’t challenge the accuracy of the information today, you may find yourself losing out on a future job opportunity due to the same incorrect information. Why? Because false/inaccurate information often resides in undisclosed, unseen databanks.
That certainly seems to be the case with my client whose sealed felony record was reported. My initial investigation shed no light on where this information might have come from. At this point, my working theory is that the CRA relied on a databank which has not been updated in several years – yet another violation of the FCRA.
Thus, the only way to avoid such a scenario from happening again and again is to initiate a challenge with the CRA.
Only the CRA knows where it got the inaccurate information. And, only the CRA can get the databank to correct the information once and for all.