What can I do if I think my background check report is incomplete or incorrect?
HELPFUL HINT:
If you believe that a background check company violated your rights, talk to a trusted person or lawyer who can help you protect your rights! Here are some good people to ask and/or good places to start:
- A case manager at a local reentry program;A counselor or case manager at a local workforce development center;A social worker;A case manager or counselor at your transitional housing program;A legal aid attorney (to find a local legal aid attorney, you can call 2-1-1, contact the local bar association, or look on the State Bar website at http://lawhelpca.org/find-legal-help); orYour probation officer or parole agent (if you have a good relationship).
You can challenge it! If you dispute Information in your background check, a background check company must investigate your claim.
If you notify a background check company in writing that information contained in your background check is incomplete, incorrect, or illegally included, the agency must investigate your claim.[1952] The agency has 30 days from the day it receives your challenge to begin its investigation. Once the investigation is complete, the agency must notify you of the results within 5 days.
If the agency finds that the original information was inaccurate, incomplete, or illegally included, it MUST delete or correct the information AND notify you of the correction.[1953]
IMPORTANT: The background check company MUST send the employer a NOTICE OF the CORRECTION if you ask. If there was inaccurate, incomplete, or illegal information in your background check report, you have the right to make the background check company send a notice and statement of correction to ANY employer who received a copy of your background check in the past 2 years (or anyone else who received a copy of your background check in the past year).
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For more information and instructions on how to dispute or correct information in your background check, go to the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 931.