Background Check Errors

Edward Y. Kroub tick border


Edward Y. Kroub is Consumer Attorneys LLP's most seasoned litigation partner and co-chairs several of the firm’s consumer finance departments.


About Background Check Errors

A biography is a narration of a person's life. Very often, biographical data can be of interest to a person who plans to hire domestic staff (nanny, housekeeper, gardener, governess) or an employer who hires an employee for a responsible position related to finance. Sometimes potential candidates embellish their bio and do not point out the unsightly sides of their past, including falsifying recommendations. But it happens that you do not have any countermeasures violations, but your background check shows a false criminal record. It can be either the wrong address on your background check or someone else's name on your background check.

Common reasons for background check

There are a number of reasons for this kind of background check. Most often, clients want to know:

  • biographical data of the candidate (down to the smallest, but sometimes significant nuances);
  • the authenticity of the recommendation and factual feedback from past employers;
  • information about all relatives (close, distant), including about the circle of acquaintances and communication;
  • financial position of the candidate (loans, mortgages, outstanding debts);
  • previous convictions, administrative offenses;
  • reasons for dismissal from previous jobs, etc.

How to clear a bad background check

Even if you are a victim of a failed background check letter, you are protected by law anyway. Fair Credit Reporting Act it is an act that is applied in such cases. You can file a lawsuit against the background check company and you have every chance of winning it. Inaccurate background check information is a human factor, no one says that a company representative cannot be mistaken. But this can be understood if this is a minor error in recording your data. In case your record contains information about your violation of the law or some facts do not correspond to reality at all, then this is already strictly punishable by law. Such fatal background check errors in your notes can rob you of a good job and ruin your personal and professional reputation to smithereens.

Your steps how to remove items from background check

First of all, your lawyer must determine the extent of the damage from a legal point of view. To make it fill out the feedback form on our website with a description of your problem, our lawyers will contact you to clarify the details. In order to file a lawsuit, you need to provide all the relevant information about your identity. Under the Fair Credit Reporting Act (“FCRA”), you're entitled to a replica of your background check. If you weren't hired or you were fired from employment due to a background check mistake, the employer is required to supply you with a replica of the report also with the name and address of the background check company. It will be legal proof for  suing a background check company for a false report. Then your lawyer will compile a list of errors and attach them to the case. You need to be prepared that the problem will not be solved in a few days. But then you can be sure that you will not have this problem in the future. You can get monetary compensation from $1000 and above. Remember, the law is always on the side of the victim.

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