Dispute a Background Check: A Step-by-Step Guide

How to Dispute a Background Check: A Comprehensive Guide

If you discover inaccurate information on your background check, don’t panic. You have the legal right to dispute it. The key steps involve: 1) Obtaining a copy of the report from the Consumer Reporting Agency (CRA). 2) Carefully reviewing the report and identifying inaccuracies. 3) Filing a formal dispute with the CRA, providing detailed documentation. 4) Being patient and persistent as the CRA investigates. 5) Escalating to the Consumer Financial Protection Bureau (CFPB) or considering legal action if needed. Let’s explore these steps in detail.

A Deep Dive Into Disputing Your Background Check

1. Understanding Your Rights Under the FCRA

The Fair Credit Reporting Act (FCRA) protects you. It grants you the right to:

• Access your background check report: You’re entitled to a copy.
• Dispute inaccuracies: You can challenge incorrect or incomplete information.
• Have inaccuracies corrected: Successful disputes lead to corrections by the CRA.
• Reinvestigation: The CRA must reinvestigate disputed information.
• A summary of your rights: The CRA must provide a summary of your rights.

Ignoring these rights can lead to wrongful denial of opportunities.

2. Obtaining a Copy of Your Background Check Report

• Who Conducted the Check? Determine the third-party background check company used (e.g., Checkr, HireRight). Ask HR.
• Contacting the CRA: Visit the CRA’s website to learn how to request your report. They usually have an online portal or require a written request.
• Providing Identification: Provide your full name, date of birth, Social Security number, and current address.
• Free Report Availability: You’re entitled to a free copy if denied employment, housing, or credit based on the report. You can also get a free copy annually.

3. Scrutinizing the Report for Errors

Pay close attention to detail. Common errors include:

• Misidentification: Information belonging to someone with a similar name.
• Inaccurate Criminal Records: Incorrect charges, dismissed cases listed as convictions, or expunged records still showing up.
• Incorrect Employment History: Wrong dates of employment, job titles, or reasons for leaving.
• Errors in Education Verification: Degrees or certifications listed incorrectly.
• Outdated Information: Criminal records beyond reporting time limits.

Print the report and highlight any discrepancies.

4. Filing a Formal Dispute

• Timing: File the dispute promptly to begin the reinvestigation process.
• The Dispute Letter: Draft a clear and concise letter. Include:
  • Your full name, address, and date of birth.
  • The name of the CRA and the report number.
  • A detailed explanation of each inaccuracy you are disputing.
  • Supporting documentation (e.g., driver’s license, court document, employment records).
  • A clear statement of what you want the CRA to do.
• Sending the Dispute: Send the letter via certified mail with return receipt requested. Keep a copy for your records. Many CRAs allow online disputes.

Here’s a basic template for a dispute letter:

[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]

[Date]

[Consumer Reporting Agency Name]
[Consumer Reporting Agency Address]

Subject: Dispute of Information in Background Check Report

Dear [Consumer Reporting Agency],

I am writing to dispute inaccurate information contained in my background check report, report number [Report Number], which I received on [Date Received].

Specifically, I am disputing the following information:

*   [Specific Inaccuracy 1]: [Detailed Explanation of the Inaccuracy and Why It Is Incorrect]
    *   Supporting Document: [Name of Supporting Document 1]
*   [Specific Inaccuracy 2]: [Detailed Explanation of the Inaccuracy and Why It Is Incorrect]
    *   Supporting Document: [Name of Supporting Document 2]

This inaccurate information is negatively impacting [Explain the Impact - e.g., my employment opportunities].

I request that you investigate these inaccuracies and correct or remove them from my report as soon as possible.

Thank you for your prompt attention to this matter.

Sincerely,
[Your Signature]
[Your Typed Name]

5. The CRA’s Reinvestigation Process

• Timeframe: The CRA has 30 days from receiving your dispute to reinvestigate.
• What They Do: They contact the original source of the information (e.g., court, employer) to verify its accuracy.
• Potential Outcomes:
  • Inaccuracy Verified: The CRA must correct or remove it and notify you.
  • Information Verified: The CRA will notify you and explain their decision.
  • Unable to Verify: The CRA must remove it from your report.

6. Escalating the Dispute

• If the CRA Doesn’t Resolve the Issue:
  • Submit Additional Documentation: Provide further evidence.
  • File a Complaint with the CFPB: The Consumer Financial Protection Bureau (CFPB) can investigate.
  • Consider Legal Action: You may have grounds to sue for damages if the information caused significant harm.
• CFPB Complaint: File online through their website, providing all relevant details and supporting documentation.

7. Proactive Steps for the Future

• Regularly Check Your Credit Report: Errors can happen anytime. Get a free copy from AnnualCreditReport.com.
• Be Vigilant About Your Online Presence: What’s online can be used in background checks. Ensure your social media is private.
• Keep Accurate Records: Maintain records of your employment history, education, and any legal proceedings.

My Experience & Quick Fix

I once had a background check link me to a criminal record of someone with a similar name.

• The Error: The report showed a misdemeanor charge associated with my name.
• My Initial Reaction: Panic!
• My Quick Fix:
  • I immediately contacted the CRA and requested the full report.
  • I obtained court documents proving I’d never been charged. I contacted the county court and requested an official search of records.
  • I sent a certified letter to the CRA including my detailed dispute, a copy of my driver’s license, and the court documents.
  • I called the CRA regularly to check on the status. Being polite but persistent helped.
• The Result: Within two weeks, the CRA corrected the report and sent me a confirmation letter. They also notified my employer.

Key Takeaways from My Experience:

• Documentation is Key: Have concrete evidence.
• Be Persistent: Follow up regularly.
• Know Your Rights: Familiarize yourself with the FCRA.

Costs to Consider

While disputing a background check shouldn’t cost you money directly, consider these potential costs:

Conclusion

Disputing a background check can be overwhelming, but you have rights under the FCRA. By understanding your rights, reviewing your report meticulously, providing detailed documentation, and being persistent, you can successfully correct inaccurate information. Don’t give up - your diligence will pay off. I hope this guide empowers you. Good luck!

Frequently Asked Questions

How long does a CRA have to investigate my dispute?

The Consumer Reporting Agency (CRA) typically has 30 days from the date they receive your dispute to conduct a reinvestigation.

What if the background check company verifies the inaccurate information?

If the background check company verifies the information as accurate, they will notify you and explain the reasons for their decision. You can then submit additional documentation or file a complaint with the CFPB.

What is the Fair Credit Reporting Act (FCRA)?

The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers by promoting the accuracy, fairness, and privacy of information in the files of consumer reporting agencies (CRAs). It gives you the right to dispute inaccuracies on your background check.

What kind of documentation should I include when disputing a background check?

Include any documentation that supports your claim of inaccuracy. This could include a copy of your driver’s license, a court document showing a dismissed charge, or employment records showing accurate dates of employment.