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Understand how to address issues with background checks and correct inaccuracies
Background checks pull data from several sources, including credit agencies and criminal records, and can sometimes contain errors or outdated information. If you find a mistake, the first step is to file a dispute with the screening company to clear things up. This guide will help you identify errors, submit a dispute, fix incorrect credit data, and amend public records that might work against you.
Important Considerations
- Review a printed copy of your background check and highlight any discrepancies, such as inaccuracies in your driving history or criminal records.
- Reach out to the company that conducted the check and inform them that you'd like to dispute the findings. Ensure you follow their process and provide clear evidence to support your claim.
- If the screening company refuses to investigate your dispute, file a complaint with the [www.ftc.gov Federal Trade Commission].
Process Overview
Identifying Mistakes
Obtain a copy of your background check. If an employer finds something in your background report that could affect their hiring decision, federal law mandates that they provide you with a copy of your report. This must be done before taking any “adverse action,” such as not offering you the job.
- You will also be informed about your legal rights.
Examine the report for inaccuracies. Carefully go over the report to spot any errors you wish to dispute. It’s best to address all the issues at once, so make sure to identify all inaccuracies.
- Use a highlighter to mark the incorrect details. If necessary, write additional notes using sticky notes.
Watch out for common mistakes. Errors are not rare in background checks. Screening companies can make mistakes such as:
- confusing you with someone who has a similar name
- reporting arrests without noting that no charges were filed
- disclosing sealed or expunged information
- repeating a single criminal charge multiple times
- misclassifying misdemeanors as felonies
Determine the source of the mistake. A background check can contain various types of information. Typically, screening companies gather data from a variety of sources. A background check may include:
- driving records
- criminal history
- military records
- educational history
- past employment
- credit history
Disputing a Background Check with the Screening Agency
Reach out to the background screening agency. The employer is required by law to provide you with the contact details of the company that conducted the background check. If you're attempting to resolve inaccuracies before a final hiring decision is made, don’t waste any time.
- Every screening company has its own process for handling disputes, but they should promptly investigate the issue.
- The dispute should be free of charge.
Fill out a dispute form. The screening company may require you to complete a dispute form. This form typically requests:
- your contact and personal information
- details about the disputed information
- the address for the results of the investigation
Wait for the investigation to conclude. By federal law, the background screening company has 30 days to complete the reinvestigation.
- If the information was incorrect, they should correct your report accordingly.
- However, the error might not be with the screening company. It could be related to your credit report or public records, such as criminal history. To address those errors, you'll need to dispute them directly with the credit agency or relevant public agency.
File a complaint with the Federal Trade Commission. If the screening company refuses to investigate or correct the errors, you can file a complaint with the Federal Trade Commission (FTC). The FTC has the authority to investigate and penalize companies that fail to comply with legal requirements.
- To contact the FTC, visit www.ftc.gov or call 1-877-382-4357.
Challenging Incorrect Credit Information
Draft a letter. To dispute incorrect information on your credit report, contact the credit reporting agency (CRA) that is reporting the error. Write a letter to them. If the mistake appears on the reports of all three major CRAs, send a letter to each one. Be sure to include the following details:
- Your full name, address, date of birth, and Social Security Number.
- The specific entries that are incorrect and the reasons why they are inaccurate.
- Your request for the CRA to remove or correct the incorrect information.
Mail the letter. Send the letter to the CRA by certified mail with return receipt requested. Keep the receipt as proof of delivery. Send your letter to the following addresses:
- Experian’s National Consumer Assistance Center, P.O. Box 4500, Allen, TX 75013.
- Equifax Information Services, LLC, P.O. Box 740256, Atlanta, GA 30374.
- TransUnion LLC, Consumer Dispute Center, P.O. Box 2000, Chester, PA 19016.
Dispute inaccurate information online. Most CRAs encourage you to dispute errors through their online systems. While this is an option, you should also send a letter for tangible proof of your dispute.
- To dispute with Equifax, visit their website, click “Credit Report Assistance,” and select “Dispute info on credit report.”
- To dispute with Experian, visit their website and click “Disputes” under “Consumer Assistance.”
- To dispute with TransUnion, visit their website and click the “Credit Report Assistance” tab at the top of the page.
Wait for the CRA’s response. Typically, the CRA must investigate your dispute within 30 days. During the process, they will forward your dispute details to the creditor that reported the questionable information.
- If the creditor finds a mistake, they will notify all national credit reporting agencies.
- Once the investigation is complete, the CRA will send you the results, along with the names, addresses, and phone numbers of any creditor that reported inaccurate information.
If necessary, include a dispute statement. If the CRA determines the information is correct, your next step is to request a “statement of dispute” to be included in your credit file. This statement will be present in future reports.
- You can pay a fee to have the CRA send your dispute statement to anyone who has recently requested a copy of your credit report.
- Think carefully before adding a dispute statement. It may be useful if you have a strong explanation for missing credit payments, such as medical issues that took up all of your time and resources.
- Some experts recommend avoiding dispute statements because they could validate the disputed information. Additionally, sharing personal issues like medical problems might cause employers or others to view you as a high-risk individual.
Rectifying Public Records
Locate your state Bureau of Identification. To dispute errors in your criminal records, contact the relevant state office. The name of this agency varies by state, such as the Bureau of Criminal Investigation, the Department of Justice, or the Bureau of Identification.
- In some cases, you may need to reach out to the court where the criminal record was filed. Court contact details can typically be found online.
Submit a challenge to the record. To challenge a criminal record, contact the appropriate state agency. You can usually file a challenge by phone or mail. Make sure to provide the following details:
- The specific record you believe is inaccurate
- What corrections you want made
- Your reasons for requesting the change
Wait for the outcome. The state agency will review your request. If they agree with you, they will correct the record.
- If the agency disagrees, ask for guidance on the next steps. In some states, you may need to petition the Superior Court to have the record amended.
Reach out to the court regarding civil cases. There may be records indicating that you were sued when, in fact, this is not true. To fix this, you need to contact the courthouse where the record was created.
- You can find the contact number online by searching for the courthouse. The background check report should indicate where the lawsuit was filed. Simply search the county and state name along with the word ‘courthouse’ to get the phone number.
- Call the courthouse and inform them that you need to correct incorrect court records. Be sure to have details like the case year (and the case name, if possible). The dispute process may vary by courthouse.
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If public records contain incorrect information, you may need to hire an attorney to help with the process of having them amended. An attorney can assist you in petitioning the court to make the necessary changes to the records.
