If an employer relied on inaccurate public records, what can I do?

If an employer ran his/her own background check and relied on inaccurate public records, you can:

    Contact your employer as soon as possible, to prevent any confusion.
    Send a written letter or e-mail (“written notice”) to the employer, pointing out the incorrect or incomplete records, and request that the employer re-investigate the records.
    Provide the employer with proof, including copies of any official documents to show why the information is incorrect, outdated, or incomplete. (For example: you could give the employer court papers showing that your convictions have been dismissed or “expunged” in some way.)[1927]
    You can fix the errors in your public records by contacting the agency that produced the incorrect record. For example, if you need to fix incorrect information about a tax lien, contact the IRS; if you need to fix the record of a legal matter (civil or criminal case), contact the clerk at the courthouse that processed your legal case.

It is important to remember that you only have the legal right to know about public records that an employer uses. If an employer chooses to investigate your past on its own, they do NOT need to disclose any information learned through in-person interviews with your former bosses or family and friends.[1928]

  1. 1927

    See Privacy Rights Clearinghouse, Fact Sheet 16a: Employment Background Checks in California: A Focus on Accuracy, https://www.privacyrights.org/employment-background-checks-california-focus-accuracy#4. ↑

  2. 1928

    Cal. Civ. Code § 1786.10(b)(1). ↑