Background checks have become a standard part of the hiring process for many employers. While background checks can provide useful information, they may also contain inaccurate or incomplete information that could hamper your job search. If you’ve received a copy of your background check report and found suspicious or incorrect details, it’s important to dispute those immediately to prevent discrimination by potential employers.

This comprehensive guide will provide steps on how to dispute inaccurate or incomplete information in your background check report. We’ll cover:

– Common background check errors to look out for

– How to obtain a copy of your report  

– What documentation you need to start a dispute

– Negotiating with employers if a dispute is not settled quickly

– Steps to improve your background check record over time

With the right approach, you can minimize the impact of background check errors and ensure potential employers are seeing an accurate reflection of your qualifications.

Why Background Checks Matter

First, it’s helpful to understand why background checks have become so pervasive. About 80% of large corporations now conduct criminal background checks on job candidates. Many landlords also screen prospective tenants, and background checks are increasingly common among colleges, volunteer organizations, and providers of services to children or the elderly.

The goal is to minimize risks by uncovering any past behavior that suggests the individual might be unfit or dangerous. A criminal conviction, bankruptcy, parole violation, restraining order, or serious misrepresentation are all red flags.

Of course, the vast majority of people seeking jobs, housing, education or licenses do not have problematic records. But when a background check does contain negative information, it can lead to automatic rejection of the application. Some background check errors can be nearly impossible to overcome without taking proactive steps to get the record corrected.

That’s why it’s so important to immediately dispute any misleading, incomplete or just plain wrong information in your background check report. Don’t wait and hope the problem goes away. Assert your rights quickly to prevent discrimination.

Common Background Check Errors

No background check process is completely foolproof. The volume is enormous, with more than 2.9 million checks conducted by the FBI in a single year. Common errors include:

Mistaken identity – Someone with the same or a similar name has offenses showing up in your report. This is perhaps the most frustrating scenario, as it takes considerable effort to verify identity and separate your history from that of someone else.

Outdated public records – Criminal records can sometimes stay on a report long after a court-ordered expungement. Or an arrest or charge shows up without indication of the final disposition.

Misinterpreted records – A criminal misdemeanor gets reported as a felony, creating the impression that the offense was more serious. 

Omitted records – Gaps between jobs can raise suspicions with employers, so an incomplete employment history could unfairly damage your reputation. 

Unverified data – If the background check researchers fail to authenticate all details, unconfirmed rumors or falsehoods could make it into the report.

Negative inferences – Sometimes neutral background information gets construed negatively. For example, switching jobs frequently could look like instability rather than ambition.

Disputing Inaccurate or Incomplete Information

If you’ve obtained a copy of your background check for employment purposes and found an error, there are defined steps to dispute it under the Fair Credit Reporting Act:

Inform the employer – Let them know in writing you are disputing inaccurate or incomplete information in the report and plan to take steps to correct it. This prevents the employer from rejecting you outright based on the questionable background check while you work to fix it.

Confirm what background check company was used – The employer probably does not conduct checks internally but contracts with a background screening company instead. Get the name of the company.

Contact the background check firm – Let them know in writing what information you are disputing. Be specific about the nature of the error and your basis for disputing it. 

Submit your dispute quickly – There is a window of pre-adverse action during which you have the right to dispute the report. If the issues are not resolved during that period, the employer can reject your job application based on the background check findings.

This process should at least trigger the background check firm to re-investigate the disputed details and verify their accuracy. However, you may need to provide supporting evidence or file a legal dispute to compel the company to correct or retract the information.

Getting Your Background Check Report 

In order to spot and dispute errors, you first need to obtain a copy of your background check report. If you’re up for a new job or apartment, ask the employer or landlord to provide this after the check is run. Federal law requires they share the report with you if it influenced their decision-making.

You also have the right to request your records from the major background check firms at any time even when not prompted by an application. The process will differ for each company but commonly involves:

– Providing personal identifying info like SSN, DOB, addresses etc.

– Paying a records request fee

– Waiting several days or weeks for processing

– Receiving a comprehensive background report on you

Once you have your report, scrutinize it closely for any inaccuracies or omissions related to your:

– Criminal record

– Credit history

– Employment history

– Licenses or education

– Personal references 

Make note of anything that seems suspicious or erroneous. The background check company is required to provide contact info to initiate a dispute.

Initiating a Dispute with the Background Check Company   

When you’ve identified a clear error in your background check, contact the screening company immediately in writing to open a dispute. Include:

– Your full name and any other identifying info they have on file

– The date you received the report copy

– A description of what records you dispute

– The specific grounds for your dispute

– Any supporting documentation you may already have  

– A request for the information to be corrected, removed or re-investigated 

Any evidence you can provide to back your claims will be very helpful. For instance, if your report shows a criminal conviction that’s inaccurate, supply certified court records showing the charges were dropped or you were found innocent. 

Keep copies of your dispute letter and evidence you submit. Send the materials by certified mail or any means that provides delivery confirmation. This creates a paper trail showing the company received your dispute.

The background screener is then legally obligated to respond. They must conduct a reasonable investigation, which could include verifying facts with courts or employers.

Providing Documentation to Support Your Dispute

You can speed up resolution of your background check dispute by making every effort to provide documentary evidence along with your initial dispute letter. Key types of verification documents include:

Court records – If your dispute relates to a criminal matter, obtain certified court records that accurately reflect the disposition, ideally showing your innocence or expungement.

DMV records – If there are errors regarding licenses, infractions or vehicle registrations, supply DMV printouts that reflect the correct details. 

Credit reports – For credit history disputes, include your current credit bureau reports from Experian, Equifax and TransUnion that show your up-to-date status. 

Employer records – For employment history disputes, provide W-2 forms, pay stubs or employment letters clearly evidencing your work tenures, titles and dates.

Educational records – If the accuracy of your degree or college attendance is questioned, submit transcripts from the institutions verifying your credentials.

Sworn statements – Written statements from credible witnesses who can attest to your side of a disputed situation carry weight. Supporting declarations from counselors, teachers, clergy or upstanding community members may help.

Ideally the documents should be certified, notarized or directly generated by the authoritative source, rather than self-produced. This bolsters their validity in the eyes of the background check firm handling your dispute.

Handling Disputes with Previous Employers

One common scenario is a former employer providing inaccurate or unfavorable information about you to the background check company. They may misremember events or have incorrect employment dates or titles in their records. Or in some cases, individual personnel may even intentionally seek to damage your reputation out of malice.

If you suspect your background check issues stem from a particular previous employer:

– First ensure the disputed information is really coming from them, rather than another source of error. Check with the background screening company.

– Contact the problematic employer and ask for a copy of whatever records they provided about you. Look for discrepancies with your own documentation.

– Present contrary evidence clearly showing the employer’s info was erroneous. Be polite and professional.

– Go up the chain of command if needed – dispute directly to the owner or parent company if you’re getting nowhere with the ex-supervisor or HR department.

– As a last resort, consult an attorney about a defamation claim against the employer if you have strong provable grounds the falsehoods were intentional.

Most employer errors that crop up during background checks are honest mistakes or misunderstandings, however. Keep the dispute objective and focused on factual inaccuracies you can concretely demonstrate through documentation. Avoid emotional accusations or speculation about motives. Stick to the facts to regain control of your reputation.

Negotiating with Potential Employers

Ideally, you’ll be able to get inaccurate or incomplete background check information fully corrected before an employer ever sees it. This prevents any discrimination before it happens. However, in some cases the dispute process may take weeks or months to be resolved with the background screener or original sources.

In the meantime, if a potential employer gets a copy of your report with the dubious information still intact, don’t panic. You can still argue your side and potentially preserve your chances by:

– Explaining some information is disputed and likely false. Offer to show documents supporting your case.

– Asking for time to correct the record rather than having your application rejected.

– Offering supplemental proof of your qualifications, integrity and references to offset the questionable background details. 

– Emphasizing inaccuracies are common in background checks and you are being proactive.

– Suggesting contingent employment terms while disputed items get fixed, like a probationary period. 

– Proposing the employer runs a fresh background check in 30-60 days after records get updated.

– Communicating calmly and openly. Express understanding employers must be careful but convey how unfair it is to be judged on false information.

If it’s a minor error, many employers may proceed with hiring as planned. Serious disputes could require you to negotiate creatively to avoid a knee-jerk rejection. With persistence and transparency, you can often work things out.

Improving Your Background Check Report 

Beyond the specific dispute process, there are proactive steps you can take to bolster the accuracy and completeness of your background report over time:

– Review it annually – Order a copy of your report periodically to spot any new inconsistencies that crop up before they cause trouble. 

– Build up reputational material – Accumulate more references, credentials, community service records and other positives to minimize the impact of any lingering questions.

– Clean up online trails – Manage the image returned by web searches of your name which inform background checks. Opt out of people finder sites and tailor privacy settings. Challenge dated or irrelevant search results. 

– Continue education – Earn vocational certificates, professional licenses and advanced degrees that convey your seriousness. Stay free of further legal or financial problems.

– Correct official records – Petition courts or agencies to seal, expunge or update any public records that might get interpreted negatively. An attorney can advise the options.

– Check data with bureaus – Do periodic reviews of your credit reports, SSA earnings records, motor vehicle records and criminal records to ensure accuracy. Report any discrepancies.

– Limit consumer data sharing – Opt out of prescreened credit offers and data aggregator sites to reduce the spread of misinformation. Adjust social media privacy settings too.

You have the right to present potential employers or landlords with the most accurate picture of your qualifications and character possible. Don’t settle for background check reports that contain even minor mistakes or omissions. Use the dispute process vigorously, provide contrary evidence, and monitor your records regularly to ensure fairness.

Conclusion

Background checks are a fact of life for today’s job seekers and apartment renters. While generally an employer’s background check is reliable, errors can and do happen. 

If you find a mistake on your background check, act quickly and decisively to correct the record. Dispute the inaccurate or incomplete information with the background check company and provide contradictory documentation. Be persistent following their dispute resolution process. Also be prepared to negotiate tactfully with potential employers and explain the situation.

With determination, you can get the errors removed or counterbalanced so they do not unfairly hinder your reputation or opportunities. Do not allow falsehoods to influence how people view your character and qualifications. Use the dispute process to assert your rights and make the truth come to light.