How to Dispute a Criminal Background Check: A Comprehensive Guide
If your criminal background check contains inaccuracies, the key is to understand your rights, meticulously gather evidence, and persistently follow up with the appropriate agencies. This guide will walk you through the necessary steps, provide helpful resources, and share insights from personal experience to help you clear your name. This isn’t legal advice, but a roadmap based on real-world experience.
The core actions involve obtaining a copy of the report, identifying the inaccuracies, contacting the reporting agency (like Sterling or Checkr) and the source of the inaccurate information (the court or law enforcement agency), submitting a formal dispute with supporting documentation, and persistently following up. Documentation is KEY. You can also file a complaint with the Federal Trade Commission (FTC) if you believe the background check company violated the Fair Credit Reporting Act (FCRA). Let’s break it down.
Understanding Your Rights & the Problem
Firstly, it’s crucial to understand your rights under the Fair Credit Reporting Act (FCRA). This federal law grants you the right to:
- Access your background check report: You have the right to see the information being reported about you.
- Dispute inaccuracies: You can dispute information you believe is incorrect or incomplete.
- Have errors corrected: The reporting agency must investigate your dispute and correct any verified errors.
- Sue for damages: If the agency fails to comply with the FCRA, you may have the right to sue.
Common issues that might trigger a dispute include:
- Mistaken identity: The report contains information belonging to someone else with a similar name.
- Inaccurate records: The report contains incorrect dates, charges, or disposition information.
- Expunged or sealed records: The report includes information that should no longer be publicly accessible.
- Incomplete information: The report lacks crucial details that would clarify the context of a record.
Step 1: Obtain Your Background Check Report
The first thing you absolutely MUST do is get a copy of the background check report that’s causing the issue. The company that ran the background check for your potential employer should have provided you with a copy and contact information for the reporting agency (like Checkr, Sterling, AccurateNow, etc.).
If you didn’t receive a copy, immediately contact the employer and/or the background check company and request one. Under the FCRA, they are obligated to provide it to you. The report should include:
- Information sources: Where the information was obtained (e.g., specific courts, law enforcement agencies).
- The exact record: The details of the criminal record in question.
- Contact information: For the reporting agency and, ideally, the source of the information.
Step 2: Identify the Inaccuracies and Gather Evidence
Carefully review the background check report, pinpointing the specific inaccuracies that need to be disputed.
Document EVERY discrepancy you find. Create a table or spreadsheet detailing:
- The inaccurate information as it appears on the report.
- The correct information.
- Supporting documentation you possess that proves the correct information.
Here’s a simple example:
| Field | Inaccurate Information (Report) | Correct Information | Supporting Documentation |
|---|---|---|---|
| Date of Birth | 01/01/1980 | 01/01/1985 | Driver’s License, Birth Certificate |
| Middle Name | John | Michael | Driver’s License, Social Security Card |
| Case Number | XX-123456 | (Doesn’t Exist) | N/A (No Record Exists) |
Gather supporting documentation to prove the correct information. This may include:
- Driver’s license
- Birth certificate
- Social Security card
- Court records (if applicable) showing the correct disposition of a case (dismissed, acquitted, etc.)
- Letters from attorneys (if applicable)
- Affidavit: A sworn statement attesting to your identity and the inaccuracies in the report.
Step 3: Contact the Reporting Agency and Source of Information
Once you have your evidence, contact both the background check company and the source of the inaccurate information (if you can identify it).
A. Contact the Reporting Agency:
- Call them: Get a reference number for your call and note the name of the person you spoke with. This is crucial for tracking purposes.
- Send a formal dispute letter (via certified mail with return receipt requested): This creates a paper trail and proves that the agency received your dispute.
Your dispute letter should include:
- Your full name, address, and date of birth.
- A clear explanation of the inaccuracies in the report.
- Copies of your supporting documentation. Do not send originals.
- A request that the agency investigate the inaccuracies and correct the report.
- The background check report tracking or case number.
B. Contact the Source of the Information (if possible):
If you can identify the specific court or law enforcement agency that provided the inaccurate information, contact them directly. Explain the issue and provide them with copies of your supporting documentation. This can sometimes expedite the correction process, particularly if the error originated at the source. Some court systems offer online portals to request record changes.
Step 4: Formal Dispute and Follow Up
Now you need to submit a formal dispute. Almost all background check agencies will provide a dispute form online. Fill it out as completely and accurately as possible. Be sure to attach all supporting documentation. Never send original documents - only copies.
After submitting your dispute, follow up! This is where persistence pays off.
- Set reminders: Mark your calendar to follow up with both the reporting agency and the source of the information every 5-7 business days.
- Keep detailed records: Maintain a log of all communication, including dates, times, names of individuals spoken with, and reference numbers.
- Escalate the issue: If you are not getting satisfactory responses, ask to speak to a supervisor or manager.
The FCRA requires the reporting agency to investigate your dispute within 30 days. They must notify you of the results of their investigation within five business days of completion.
Step 5: File a Complaint with the FTC (If Necessary)
If the reporting agency fails to adequately investigate your dispute or refuses to correct the inaccuracies, you can file a complaint with the Federal Trade Commission (FTC). This is a powerful step and can sometimes spur the agency to take action.
You can file a complaint online through the FTC’s website: https://www.ftc.gov/complaint
Step 6: Correcting the Record
If the investigation confirms that the information in your background check report is inaccurate, the reporting agency must correct the information and notify anyone who received the inaccurate report within the past two years (if you request it).
Verify the Correction: Obtain a revised copy of your background check report to ensure that the inaccuracies have been corrected. Review it meticulously.
Contact the Employer (If Applicable): If the background check was conducted for employment purposes, contact the employer to inform them that the inaccuracies have been corrected and provide them with a copy of the revised report. Don’t assume they automatically receive the updated report.
Costs Involved
While disputing a background check is generally free, there might be some associated costs:
| Expense | Estimated Cost | Notes |
|---|---|---|
| Certified Mail | $10 - $20 | For sending dispute letters with return receipt requested. |
| Photocopies | Nominal | For creating copies of supporting documentation. |
| Notary Fees (Affidavit) | $5 - $20 | If you choose to create an affidavit. |
| Obtaining Records | Varies | Some agencies charge fees for obtaining official copies of records. |
| Legal Consultation | Varies | If you choose to consult with an attorney. |
My Experience & Quick Fix
In my case, the mistaken record shared a very similar name with me, but the DOB and middle name were different. I contacted the background check company (Checkr) immediately. I explained the discrepancies and submitted a copy of my driver’s license and birth certificate. I also found the court record associated with the incorrect information and it had nothing to do with me.
What worked for me: I called Checkr every single day. I politely asked for updates and emphasized the urgency of the situation given the pending job offer. I also contacted the court where the erroneous record originated and filed a request to amend the record, including the supporting documentation I had. It took a week of persistent follow-up, but Checkr finally updated the background check, and the job offer was back on track. It was incredibly stressful, but the key was being proactive and providing as much information as possible. The court amendment was critical in proving my case. I even politely but firmly stated that I was prepared to file a complaint with the FTC if necessary.
Important Considerations
- Time is of the essence: Act quickly to dispute inaccuracies, especially if the background check is impacting a job offer or other important opportunity.
- Be polite but persistent: Maintain a professional and respectful tone throughout the dispute process, but don’t be afraid to advocate for yourself.
- Consult with an attorney (if needed): If you are experiencing significant difficulty disputing inaccuracies or believe your rights have been violated, consider consulting with an attorney specializing in consumer rights or employment law.
- Keep a record of everything: Documentation of all communication, documents, and actions is absolutely critical.
Disputing a criminal background check can be a challenging and time-consuming process, but it is essential to protect your reputation and ensure that your rights are respected. By understanding your rights, gathering evidence, and persistently following up, you can increase your chances of successfully correcting any inaccuracies and moving forward with your life. Good luck!
Frequently Asked Questions
What is the first step in disputing a criminal background check?
The first step is to obtain a copy of the background check report from the company that conducted it. This report will detail the information being reported about you and the sources of that information.
What if the background check company refuses to correct the inaccuracies?
If the reporting agency fails to adequately investigate your dispute or refuses to correct the inaccuracies, you can file a complaint with the Federal Trade Commission (FTC). This can sometimes spur the agency to take action.
How long does a background check company have to investigate a dispute?
The FCRA requires the reporting agency to investigate your dispute within 30 days. They must notify you of the results of their investigation within five business days of completion.
What documentation should I gather to support my dispute?
Gather any documentation that proves the correct information, such as your driver’s license, birth certificate, Social Security card, court records (if applicable), letters from attorneys (if applicable), or an affidavit.