What can I do if the employer has already received information from a background check report that it shouldn’t have received by law?

Unfortunately, employers sometimes get information that should NOT have been included in your background check report. Here are some suggested steps if this happens to you:

STEP 1: The first recommended step is that you get a copy of the background check report, so that you know what information the employer is seeing. For this reason, it’s important to always check the box to request a copy of the report when you give permission to an employer to run a background check on you.

If you didn’t check the box before, you can still get a copy of the report in 2 ways:

    If the employer decides take an adverse (negative) action against you—such as rejecting your job application—they must give you a copy of the background check report before taking the action.[1913]
    The background check company is required to give you a copy of the same report sent to the employer, if you ask for it within (at least) 2 years.[1914]

STEP 2: If there are errors or inaccurate information on the background check report, it’s recommended that you point this out to the employer right away. If possible, you may also want to show the employer any proof of the correct information—for example, court papers showing that your conviction has been expunged, or that charges against you were dismissed.

You also have the right to make the background check company correct the information, and send the employer a notice and statement of the correction. For more information on correcting information with the background check company and notifying the employer of the correction, see PG. 582 below.

STEP 3: If the employer asks you about things that should NOT have been in your background check report—such as convictions that are more than 7 years old—it’s recommended you answer the question directly and honestly, but briefly:

    You can take responsibility for your actions. State the facts, but express regret for what happened. Don’t get defensive. Be honest, but don’t go into details.
    You don’t need to go into details. Keep your answer short. Be honest, but only talk about necessary information based on the questions you are asked.
    You can tell the employer how you have changed. Emphasize that the incident happened long ago and that you are a different person now. Explain what you learned while you were in prison/jail, and what you are doing differently now. Paint a picture of the person you are now.
    You can emphasize your qualifications. Describe the things that will make you a good employee—such as previous work experience, job training programs, or classes that you’ve done—and any letters of recommendation that you have. Show the employer why you are qualified for the position and will be a benefit to the company.
    You can describe your hopes and dreams. Show the employer than you are in control of your life and have short-term and long-term goals. Highlight any services that you’re getting to help you move on and achieve your goals. Emphasize that you would be very appreciative of the opportunity to work for them, and you will be the hardest worker they will ever have.[1915]

STEP 4: If the employer asks you (or makes comments) about incorrect or improper information in your background check report, you may want to write down anything the employer says and anything you say to the employer, so that you have a record to protect your rights later.

  1. 1913

    15 U.S.C. § 1681b(b)(3)(A)(i).

  2. 1914

    Cal. Civ. Code § 1786.11.

  3. 1915

    Electronic communication from Mary Weaver, Executive Director, Friends Outside in Los Angeles County (Jan. 29, 2015); electronic communication from Mario Rodriguez, South Bay Workforce Investment Board (Jan. 29, 2015).