Experian Background Check
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Employers and landlords rely on Experian background checks. Too often, those checks are inaccurate. Here’s what to know.
An Experian background check gathers and reports data about your history, including criminal and employment activities. Employers, lenders, and landlords use it to determine if you are suitable for specific opportunities like jobs, loans, or rentals. When errors get reported, it can damage your prospects, reputation, and well-being. Learn more!
The credit reporting attorneys at Consumer Attorneys have helped thousands of people get the justice and the compensation they deserve for the damages caused by the mistakes of consumer reporting agencies (CRAs). This includes the damages caused by the mistakes of background check companies. One company that appears on both lists is Experian.
This article provides an overview of Experian background checks, your rights under the Fair Credit Reporting Act (FCRA), and how an attorney can help you if you’ve been wronged by an error in an Experian background check report. The issues and long-term damage - financial, mental, emotional, professional, reputational - that errors in a background check can cause are significant. Experian is also a major player in the background check industry.
A background check is becoming standard procedure for employers screening job applicants and landlords screening tenant applicants. Companies of all sizes in all industries use background checks and screening services to identify and verify any or all of the following information about a person:
General Categories | Types of Data Checked/Verified |
---|---|
Identity Verification | Full Name, Date of Birth, Social Security Number, Address, Address History, Passport Information, Driver's License Number |
Employment Verification | Employment History, Job Titles, Dates of Employment, Salary Information, Reasons for Leaving, References, Professional Licenses, Employer Feedback |
Education Verification | Degrees Earned, Institutions Attended, Dates of Attendance, GPA, Transcripts, Certifications, Diplomas |
Criminal Records Check | Felony Convictions, Misdemeanor Convictions, Arrest Records, Warrants, Sex Offender Registry, Court Records, Federal Criminal Records, County Criminal Records |
Credit History | Credit Score, Credit Reports, Loan History, Payment History, Bankruptcies, Foreclosures, Credit Card Debt, Tax Liens |
Driving Records | Driver's License Status, Driving History, Traffic Violations, DUI/DWI Records, Points on License, Accident History |
Personal References | Personal Character References, Professional References, Relationship to Candidate, Contact Information |
Drug Testing | Substance Use History, Drug Test Results, Frequency of Testing, Types of Drugs Tested For |
Military Records | Military Service History, Discharge Status, Rank and Roles, Awards and Decorations, Service Dates |
Social Media and Online Presence | Social Media Profiles, Public Posts, Comments and Interactions, Blog Posts, Online Forums Participation |
Professional License Verification | License Type, Issuing Authority, Validity and Expiry Dates, Disciplinary Actions, License Number |
Civil Records Check | Civil Litigation History, Judgments, Liens, Evictions, Divorce Records |
Immigration Status | Visa Status, Work Authorization, Citizenship Status |
Global Watchlist Check | Terrorist Watchlists, Sanctions Lists, Politically Exposed Persons (PEPs) Lists, International Criminal Records |
Experian is a company upon which many businesses rely for accurate and comprehensive background checks. However, mistakes in these reports can have serious consequences for consumers.
Experian Information Solutions, Inc.
Experian is one of the largest CRAs in the world, alongside Equifax and TransUnion. It was founded in 1996 and has grown significantly. Experian operates in over 40 countries, serving more than one billion individuals and millions of businesses. The company's revenue for the fiscal year 2023 was over $5 billion, and it maintains a huge influence in the consumer data industry.
Consumer Reporting Services
Experian offers various services, including credit reporting, data analytics, and decision support services. Their consumer reporting services are particularly critical as they compile and maintain credit information on over 220 million U.S. consumers. This data is used for various purposes, including background checks for tenants and employees, ensuring the information is accurate and up-to-date.
What is in an Experian Background Check?
An Experian background check can include a wide range of information, depending on the purpose of the check. Here are some common components:
- Credit Information. An Experian credit report includes your credit history, current credit status, and credit score. Lenders use this information to assess your creditworthiness.
- Criminal Records. An Experian criminal background check will search for any criminal history at the county, state, and federal levels. This is crucial for employers and landlords looking to ensure safety and trustworthiness.
- Employment History. An Experian employment background check will verify your previous employment, including positions held, dates of employment, and possibly reasons for leaving.
- Rental History. An Experian tenant background check will include information about your previous rental experiences, such as payment history, evictions, and any landlord disputes.
- Public Records. This includes bankruptcy filings, tax liens, and other public records that may impact your financial stability and trustworthiness.
Who Uses Experian Background Checks?
- Employers. Many employers use Experian background checks to vet potential employees. This process includes checking criminal records, employment history, and credit reports to ensure they hire reliable and trustworthy candidates.
- Landlords. Landlords often rely on Experian tenant background checks to screen potential tenants. These checks help them assess the risk of renting to a particular individual based on their rental history, credit status, and any past criminal activities.
- Lenders. Banks and other financial institutions use Experian credit and background checks to determine the creditworthiness of loan applicants. This helps them decide whether to approve a loan and under what terms.
- Others. Other entities, such as insurance companies and government agencies, also use Experian background checks for different purposes, including assessing risk and verifying identities.
Your Rights Under the Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a federal law designed to ensure the accuracy, fairness, and privacy of information in the files of consumer reporting agencies like Experian. Here are some of your key rights under the FCRA:
- The Right to Access Your Information. You have the right to request and obtain a copy of your background check from Experian. This allows you to see what information is being reported about you.
- The Right to Dispute Inaccurate Information. If you find errors in your Experian background check, you have the right to dispute them. Experian must investigate and correct any inaccuracies within 30 days.
- The Right to Legal Representation. When you find errors in your background check report, you can seek legal counsel. Lawyers for consumer protection, like the lawyers at Consumer Attorneys, know the law, know how to effectively file disputes with background check companies, and know how to get people the compensation they deserve.
- The Right to Know Who Has Accessed Your Information. You have the right to know who has requested and received your background check information. This can help you understand how your data is being used.
- The Right to Remove Inaccurate and Out-of-Date Information. Negative information, such as late payments or bankruptcies, can usually only be reported for a specific period (usually seven years). You have the right to ensure that obsolete information is removed from your report.
Common Issues with Experian Background Checks
Despite these protections, errors in Experian background checks are not uncommon. Here are some common issues that consumers face:
- Inaccurate Information. Experian derogatory information background check errors can include outdated or incorrect data about your credit history, criminal records, or employment history. Experian identifying people as deceased is also common.
- Mixed Files. Sometimes. Information from another person with a similar name or social security number can end up in your file, leading to inaccurate background check status and results.
- Incomplete Information. In some cases, important information may be missing from your Experian background check, which can affect your background check progress and outcomes negatively.
- Outdated Information. Old files and credit inquiries that should not be on a credit report are common. A consumer protection attorney can tell you if inquiries are eligible for removal and how to remove hard inquiries from Experian.
How an Attorney Can Help
A background check attorney at Consumer Attorneys can provide invaluable assistance if you have been wronged by an error in your Experian background check. Here’s how:
Service | Details |
---|---|
Reviewing Your Background Check | We can help you obtain and review your Experian background check to identify errors or inaccuracies. |
Disputing Errors | We can assist in filing disputes with Experian to correct any erroneous information. Legal expertise ensures proper handling. |
Filing a Lawsuit | Can you sue Experian? If Experian fails to correct errors or you suffer damages due to their negligence, we can help you file a lawsuit. The FCRA allows consumers to sue for damages, attorney’s fees, and other costs. |
Representing You | We can take your case to court. We can negotiate a settlement with Experian. |
Protecting Your Rights | We will advocate for your rights throughout the entire process, ensuring fair treatment and accurate information. |
Support | Throughout all this, we will offer support and guidance. |
If you suspect errors in your Experian background check, consult a consumer protection attorney as soon as possible. Early intervention can prevent long-term damage to your credit and reputation.
Experian is big. Real big. They play a big role in the consumer reporting industry and the rental background check industry, though RentBureau mistakes happen frequently as well. But when they don’t use the care they should to prepare a background check report, they can still be held responsible. You just need someone to hold them accountable. That’s us. Call us or visit our website and chat with a live representative online or fill out a contact form.
Errors in a background check can do significant damage. You should be compensated for that damage.
Frequently Asked Questions
An Experian background check is no harder or easier than other background checks. Background check companies typically take direction from the company, landlord, or lender that engages them to run the background check. They will specify what areas of a person’s background they need checked, chronicled, and reported. For example, a job that requires driving will ask Experian to check a potential driver’s motor vehicle records while a job with financial responsibility may ask Experian to check criminal and credit histories. Your past and the databases from which the data is gathered remain the same, regardless of whether it's an Experian background check or another company.
To get results from an Experian background check, you should remain in touch with the employer, landlord, or lender that requested the background check. They will alert you to whether your background check reveals anything they deem unsuitable for the job, the apartment, or the loan. The report typically includes your credit history, criminal records, and employment history. They must give you a copy of that background report if they take adverse action. You can also request a copy of your background report from Experian. You have the right to get a free background check report, but only from a company that already ran one on you and only within 60 days from the prior one.
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Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a wealth of proven legal experience in the US in: collective claims, representing visually impaired people who believe their rights under the Americans with Disabilities Act have been violated in both the physical and digital environments, corporate governance and dispute resolution. Read more
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