My employment background check is not mine, what can I do?

lenny p

You have rights under the FCRA (Fair Credit Reporting Act) which governs background checks. I suggest that the first thing to do is to check what information the company used to search for your records, since it sounds like someone else's convictions are coming up linked to you. Did they use your correct name, address, and social security number for the search?

If the search was correct and the information that is linked to you is wrong, you should try and correct the information with the county that is releasing the information. Credit checks and criminal checks have many ambiguous and incorrect items included and you have the legal ability to know when they are used against you and to correct them.

davedinri

I had the same problem. I was told that I had a felony weapons charge and I never owned a firearm in my life and I dont like people that think hunting is a sport. Someone told me to go to my Attorney Generals Offfice and bring 2 forms of ID. The problem was taken care of. I was wonder why that I was unable to get a job with my resume posted on 6 different employment boards for 5 months.

richplainsmt

Find and attorney to represent you and get documentation as to what's showing up your background check. Unless the job is a sensitive position it is discriminatory to not hire you because of a criminal record. If the employer told you that is the reason he is leaving himself open for a law suite depending on the nature of the job. There are some areas of employment that they have passed laws preventing convicted felons from working in that area. Some companies won't hire convicted felons because their insurance companies won't allow them to and that is blatant discrimination but real hard to prove. Your best avenue of resolution is to consult an Attorney.

Hoot

Identity theft. Someone has been using you as the fall guy when they got caught.

I'd start with the employer and explain that you are not the person in the report. See if they can get the background check agency to find the cause for the mistake. Then I'd approach the police, because if someone is in jail, they are going to want to know his true identity.

If you hire a attorney, be prepared to wait a long time for results and its going to cost you dearly.

Try it yourself first. Attorneys are always last resort.

backgrounds003

Lenny P is correct. You have rights under the FCRA (Fair Credit Reporting Act). The company that conducted the check is required to provide you with the name of the company that conducted the background check. You have a right to dispute any findings and it is the responsibility of the background screening company to research your request and correct any incorrect information.

My suspicion is that the background screening company utilized a database for the criminal background check, and the potential employer did not conduct their due diligence in verifying the identity of the holder of the criminal records.

If the potential employer and/or background screening company refuse to help you, then yes you have legal options. I have seen several cases of FCRA violations settled, and the employer never wins.

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