Fixing Errors in Background Checks

How can I fix errors in my background check?

Even though background check companies are limited by law on what information they can report about you, and are required to confirm that the information is true and correct, it is still very common for background checks to contain errors.

What are common errors in a background check?

    Information that should NOT be includedsuch as convictions more than 7 years old, arrests that did not lead to a conviction (unless charges are still pending), participation in court-ordered drug treatment, or convictions that have been dismissed;
    Information that is wrong (for example, reporting that you were convicted of robbery instead of petty theft);
    Information that belongs to someone else with the same (or a similar) name as you;
    Report of an arrest or charges filed, but not the final outcome of the case (for example, you were never charged, charges were dismissed, you were acquitted, or you plead guilty to a lesser offense);
    Information from public records or personal interviews that has not been confirmed;
    Any negative information about you that is more than 7 years old (or bankruptcies that are more than 10 years old).

You have the right to challenge any information in your background check, and to view the background check company’s files containing any information that was used to prepare your background check.

What are some steps I can take to fix errors in my background check?

    First, you can NOTIFY the background check company that the information is wrong and include proof (documents or evidence) of the correct information.
    Second, the background check company MUST INVESTIGATE the information that you challenged, and MUST inform you of the results within 30 days.
    Third, the background check company MUST REMOVE or CORRECT any information that is wrong, incomplete, or cannot be confirmed as true.
    Finally, if the background check company does not remove the information from your background check, you can add your own STATEMENT OF DISPUTE to the company’s file stating that you disagree with the information.[2963].

For a step-by-step explanation of this process, see APPENDIX H, on PG. 1014.[2964]

  1. 2963

    Cal. Civ. Code § 1786.26(c); Cal. Civ. Code § 1786.24; Fair Credit Reporting Act § 611, 15 U.S.C. § 1681(i).

  2. 2964

    Cal. Civ. Code § 1786.24; Fair Credit Reporting Act § 611, 15 U.S.C. § 1681(i).

How do I know which background check company did my background check?

There are two ways to find out which background check company ran your report and how to contact them:

    BEFORE someone runs a background check on you (such as an employer, private landlord, or creditor), generally they must TELL YOU that they are going to get a background check on you and get your PERMISSION. They must also give you the name, address, phone number, and website of the background check company that they are going to use.[2965]
    If someone takes a harmful action against you (such as refusing to hire you, rent you an apartment, or give you benefits) based on information in your background check, they must give you an “ADVERSE ACTION LETTER” with the name, address, and phone number of the company used.[2966]

You have the right to know what internal procedures the background company uses to investigate your claim. You can ask the company for this information and they MUST provide it to you.[2967]

A NOTE ABOUT CHALLENGING INFORMATION IN YOUR BACKGROUND CHECK REPORT: Under the law, you have the right to challenge any information in your background check, and there is a specific process for doing it. However, in practice, it might not be as easy or straightforward, especially if the background check company is uncooperative or unresponsive. If you have trouble getting the company to review or change the wrong information in your file, it is recommended that you contact a lawyer for help.

  1. 2965

    Cal. Civ. Code § 1786.16.

  2. 2966

    Cal. Civ. Code § 1786.40.

  3. 2967

    Cal. Civ. Code § 1786.24(g).