How to Dispute a Checkr Background Check: A Complete Guide
If you find inaccurate information on your Checkr background check, you absolutely can dispute it. Start by obtaining your report, thoroughly reviewing it for errors, and gathering supporting documentation. Then, initiate the dispute directly with Checkr, following their procedures. Persistence and clear communication are key. This guide provides a detailed walkthrough of the entire process.
Understanding the Checkr Background Check
Before we jump into the dispute process, it’s important to understand what Checkr does and what types of information they typically report. Checkr is a background check company that provides services to various companies, primarily in the gig economy and transportation sectors (like ride-sharing or food delivery). They aggregate data from different sources to provide employers with information about a candidate’s background.
Here are some common types of information included in a Checkr report:
- Criminal Records: This includes felony and misdemeanor convictions, arrest records (depending on state laws), and pending criminal cases.
- Driving Records: This encompasses driving history, including traffic violations, accidents, and license suspensions.
- Employment History: Verification of past employment, including job titles, dates of employment, and potentially reasons for leaving.
- Education Verification: Confirmation of degrees earned and institutions attended.
- Sex Offender Registry Search: Checks against national and state sex offender registries.
- Sanctions & Watchlists: Searching for names on global sanction and watchlists that may indicate higher risk.
- Credit History (Soft Inquiry): Usually only used for roles that involve financial responsibilities.
It’s critical to understand that Checkr is not the source of the information. They are simply aggregating it from various databases and public records. This is why errors can occur – because the original source may have incorrect or outdated information.
Why Errors Happen on Checkr Reports
Understanding why errors occur is the first step toward fixing them. Here are a few common reasons for inaccuracies:
- Identity Mix-ups: This is a frequent problem, especially with common names. Information belonging to someone else with a similar name might be mistakenly included in your report.
- Incomplete or Outdated Records: Court records, driving records, and other databases may not be up-to-date. A conviction might be reported even after it’s been expunged or sealed.
- Clerical Errors: Simple data entry errors can lead to inaccurate information. A wrong date, misspelled name, or transposed numbers can all cause problems.
- Incorrect Reporting of Dismissed Charges: An arrest that didn’t lead to a conviction may still show up on a background check, even though it shouldn’t be considered an indication of guilt.
- Misunderstanding of Legal Terminology: Some states have unique legal terms that might be misinterpreted when pulling data from various sources.
The Process: How to Dispute a Checkr Report
Now, let’s get down to the nitty-gritty of disputing a Checkr report.
1. Obtain Your Checkr Report:
The first step is to get a copy of your Checkr report. You have a legal right to access this information under the Fair Credit Reporting Act (FCRA). Checkr is obligated to provide you with a free copy of your report if it was used to deny you employment, housing, or other opportunities.
- If you were denied an opportunity based on the report: The company that used Checkr for the background check must provide you with a copy of the report and a Summary of Your Rights Under the Fair Credit Reporting Act (FCRA).
- If you weren’t denied an opportunity: You can still request a copy of your report directly from Checkr. This may involve creating an account on their platform. Go to Checkr’s website to create an account.
2. Review Your Report Carefully:
Once you have your report, meticulously review every section. Look for:
- Incorrect Dates: Pay close attention to dates of birth, dates of offenses, and dates of employment.
- Misspellings: Verify that your name and other identifying information are spelled correctly.
- Inaccurate Charges: Ensure that any criminal charges listed are accurate and reflect the correct disposition (e.g., conviction, dismissal, acquittal).
- Outdated Information: Check for information that should no longer be included in your report due to legal restrictions (e.g., expunged records).
- Information That Isn’t Yours: It could be information that belongs to someone else who may have a similar name to yours.
3. Gather Supporting Documentation:
This is a crucial step. You need evidence to support your claim that the information on your report is inaccurate. Here are some examples of documentation you might need:
- Court Documents: Official court records showing the outcome of a criminal case (e.g., dismissal, acquittal, expungement order).
- Driving Records: Official driving records from your state’s DMV, showing your driving history.
- Employment Records: Pay stubs, W-2 forms, or letters from previous employers verifying your employment history.
- Education Records: Diplomas, transcripts, or letters from educational institutions confirming your degrees.
- Affidavits: A sworn statement from yourself or another person attesting to the accuracy of certain information.
4. Initiate the Dispute with Checkr:
Checkr has a specific process for disputing information on your report. Typically, this involves logging into your Checkr account and submitting a dispute through their online portal. Be sure to include:
- A Clear Explanation of the Inaccuracy: Clearly explain what information you believe is inaccurate and why.
- Supporting Documentation: Attach all relevant supporting documents to your dispute.
- Specific Instructions: Tell Checkr exactly what you want them to do to correct the error (e.g., remove the inaccurate charge, update the date of conviction).
5. Follow Up and Be Persistent:
Checkr is legally required to investigate your dispute within a reasonable timeframe (typically 30 days). However, it’s important to follow up regularly to ensure your dispute is being processed. Keep records of all your communications with Checkr, including dates, times, and the names of the people you spoke with. If you don’t receive a satisfactory response or if Checkr fails to investigate your dispute properly, you may have legal recourse.
6. Dispute Directly with the Source (If Necessary):
Sometimes, the error originates from the source of the information (e.g., the court, the DMV, a former employer). In these cases, it may be necessary to dispute the information directly with the source. This may require contacting the relevant agency or entity and providing them with supporting documentation.
What to Do If Checkr Doesn’t Resolve the Issue
If Checkr doesn’t resolve the issue to your satisfaction, you have several options:
- File a Complaint with the Consumer Financial Protection Bureau (CFPB): The CFPB is a federal agency that enforces consumer protection laws, including the FCRA. Filing a complaint with the CFPB can put pressure on Checkr to resolve your issue.
- File a Complaint with the Federal Trade Commission (FTC): The FTC also enforces the FCRA. Filing a complaint with the FTC can help them identify patterns of violations and take action against companies that are not complying with the law.
- Consult with an Attorney: If you believe that Checkr has violated your rights under the FCRA, you may want to consult with an attorney who specializes in consumer protection law. An attorney can help you understand your legal options and potentially file a lawsuit against Checkr.
Legal Rights Under the Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers’ rights regarding their credit reports and background checks. Under the FCRA, you have the right to:
- Receive a copy of your credit report or background check.
- Dispute inaccurate or incomplete information on your report.
- Have inaccurate information corrected or removed.
- Be notified if information on your report is used against you (e.g., denied employment, housing, or credit).
- Sue a company that violates the FCRA.
Understanding your rights under the FCRA is crucial for protecting yourself from inaccurate or unfair background checks.
Costs Associated with Disputing a Checkr Report
While disputing a Checkr report generally doesn’t involve direct fees paid to Checkr, here’s a breakdown of potential costs to consider:
| Expense | Description | Estimated Cost |
|---|---|---|
| Obtaining Documents | Fees for certified copies of court records, driving records, or other official documents needed for supporting documentation. | $0 - $50+ (depends on the agency and document) |
| Legal Consultation | Attorney fees if you choose to seek legal advice or representation. | $0 - $300+ (Initial consultation fee) |
| Time & Effort | Value of your time spent gathering documents, filing disputes, and following up with Checkr and other agencies. | Difficult to quantify, but represents a significant cost to consider. |
| Lost Opportunities | Potential income lost if the inaccurate background check delays or prevents you from securing employment. | Varies widely based on potential earnings. |
| Background Check Services | Cost of running a personal background check to verify the information. | $20 - $100+ (Depends on the service and level of detail.) |
My Experience & Quick Fix
My Checkr report showed a misdemeanor charge that had actually been dismissed. The ‘quick fix’ that ended up working for me was a two-pronged approach. First, I obtained the official court document proving the dismissal. Then, while I initiated the dispute through Checkr’s online portal, I also contacted the court directly to ensure their records were updated. I included the court document in both communications. What really sped things up was calling Checkr’s support line multiple times during the dispute process. Speaking to a real person helped me navigate their system and escalate the issue more effectively. It took about 3 weeks total, but the charge was finally removed. Don’t be afraid to make some noise!
Key Takeaways and Pro Tips
- Be proactive: Don’t wait until a problem arises to check your background check. Periodically request your report to ensure accuracy.
- Document everything: Keep records of all communications, disputes, and supporting documentation.
- Be persistent: Don’t give up easily. Follow up regularly and escalate the issue if necessary.
- Know your rights: Understand your rights under the FCRA and don’t hesitate to assert them.
- Consider professional help: If you’re struggling to resolve the issue on your own, consider consulting with an attorney or consumer advocate.
Disputing a Checkr report can be a challenging and time-consuming process, but it’s important to remember that you have rights and that you can take action to correct inaccurate information. By following the steps outlined in this guide and being persistent, you can improve your chances of a successful outcome. Good luck!
Frequently Asked Questions
How long does Checkr have to resolve my dispute?
Checkr is legally required to investigate your dispute within a reasonable timeframe, typically 30 days. It’s important to follow up regularly to ensure your dispute is being processed.
What is the Fair Credit Reporting Act (FCRA)?
The FCRA is a federal law that protects consumers’ rights regarding their credit reports and background checks. It gives you the right to dispute inaccurate information and have it corrected.
What kind of documentation should I provide when disputing a Checkr report?
Gather official documents like court records, driving records from the DMV, employment records (pay stubs, W-2s), education records (diplomas, transcripts), and even affidavits.
What if Checkr doesn’t resolve my issue?
If Checkr doesn’t resolve the issue to your satisfaction, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC), or consult with an attorney.