If you’ve ever been denied a job or faced a setback because of a mistake on your criminal background check, you’re not alone. These errors can be frustrating and impactful, especially when they involve merging someone else’s criminal history with your own. Fortunately, there are ways to address these errors, and with legal guidance, you can streamline the dispute process and protect your rights.
Here’s what you need to know about correcting criminal record errors on your background check.
What Are Common Criminal Background Check Errors?
Criminal background check errors can range from minor discrepancies to significant issues that can prevent you from moving forward in the hiring process. Some common errors include:
- Merging Records: One of the most common mistakes is when a background check company merges your criminal record with someone else’s. This can happen due to similar names, addresses, or other factors that make your information appear connected with someone else’s criminal history.
- Mistaken Identity: If someone with a criminal history shares your name or other identifying information, it can lead to a false association. This type of error can be particularly damaging, as potential employers might see a criminal record that isn’t yours and reject you based on that assumption.
- Outdated Information: In some cases, background check companies may report outdated or incorrect information about your criminal history. Even if you’ve resolved past issues, these companies may fail to update their records, leaving you with a problematic background check.
Why Do These Errors Occur?
Errors on background checks typically occur because of inaccurate data provided by background check companies or poor record-keeping. When you apply for a job, the employer often relies on third-party companies to provide information about your criminal history. These companies use various databases to compile reports, and in some cases, the systems may mistakenly link you to someone else’s criminal history.
In other instances, the background check company may fail to update its records, leaving past criminal offenses on your report that no longer apply to you.
How Criminal Record Errors Can Impact Your Job Search
The consequences of errors on your criminal background check can be significant. When an employer sees a criminal record that doesn’t belong to you, they may decide not to hire you, even if you’re qualified for the position. Many employers rely heavily on background checks to make hiring decisions, and incorrect information can lead to rejection, delays, or missed opportunities.
Additionally, some jobs may have legal or professional requirements that necessitate a clean background check. In those cases, even a small mistake on your report can prevent you from being considered for the role.
Can You Dispute These Errors on Your Own?
While it’s possible to dispute errors on your criminal background check yourself, doing so can be time-consuming and complicated. Many consumers find that without legal assistance, the dispute process becomes drawn out, taking much longer than expected.
If the background check company rejects your claim, they may drag out the investigation process for months, causing significant delays and frustration. Unfortunately, if the dispute isn’t handled correctly, you might be left with a permanent error on your record, preventing you from moving forward with your job search.
Why Legal Guidance is Essential
When you work with a lawyer who is experienced in dealing with criminal background check issues, you can streamline the dispute process. An attorney can help you file the correct paperwork, guide you through the dispute, and ensure that the background check company addresses your concerns promptly.
In some cases, if the background check company continues to provide inaccurate information or refuses to correct the error, your lawyer can help you prepare for litigation. This can ultimately lead to a faster resolution and ensure that your background check accurately reflects your history.
The Fair Credit Reporting Act (FCRA) and Background Check Errors
One of the key legal protections in place for consumers dealing with errors on their criminal background check is the Fair Credit Reporting Act (FCRA). Under the FCRA, background check companies are required to maintain accurate and up-to-date records. If you dispute an error on your background check, the company is obligated to investigate and correct any inaccuracies.
If the company refuses to update the information or fails to verify the correction, you may have grounds for a claim under the FCRA. This gives you legal recourse to ensure that your criminal history report is accurate, and if necessary, pursue a lawsuit to hold the company accountable.
What to Do If You Find an Error on Your Criminal Background Check
- Review the Report Carefully: The first step is to thoroughly review your background check report. Look for any discrepancies or errors that don’t match your criminal history.
- Request a Copy of Your Report: If you haven’t already received a copy of your criminal background check, request it from the background check company. You have the right to access your report and review it for any inaccuracies.
- Dispute the Error: If you find an error, you can submit a dispute to the background check company. Be prepared to provide documentation that proves the error and supports your claim.
- Seek Legal Help: If the dispute process becomes prolonged or the company refuses to correct the error, it’s time to seek legal help. A lawyer can assist in filing the dispute properly and may help you take legal action if necessary.
How Loker Law Can Help
If you’re facing issues with an inaccurate criminal background check, Loker Law is here to help. With years of experience dealing with consumer law and background check issues, we can guide you through the dispute process, ensure your report is corrected, and help you take legal action if needed.
We understand the frustration and challenges that come with errors on your criminal record, and we’re committed to helping you get the accurate information you deserve.
If you’ve been denied a job or experienced delays due to an error on your background check, don’t wait. Contact Loker Law for a free consultation today.
