Address Denial of Housing or Employment Problems with the Help of California Background Check Error Attorneys

Background checks play a crucial role in our lives, influencing employment, housing, and financial opportunities. Errors in these reports can lead to significant setbacks, from lost job opportunities to denied housing applications.

Knowing your rights and how to address these errors is vital in safeguarding your future. Imagine finding out that a job offer was rescinded because your background check incorrectly showed a criminal record that wasn't yours. Such errors can be frustrating and damaging but are unfortunately common. Fortunately, a good background check attorney can help.

Common Background Check Errors

Errors in background checks can take many forms, each with its own set of complications. Understanding these common errors and how they occur can help you, the consumer, better navigate and correct them.

These errors include:

• Inaccurate Information: Mistaken identity or outdated details, such as criminal records of someone with a similar name, often due to clerical errors or incomplete data matching.

• Incomplete Records: Missing critical information like expunged records or recent updates, leading to an unfair portrayal of your history.

• Mixed Files: Information from another individual with a similar name, causing issues in financial applications and affecting your credit score.

• Inaccurate Criminal Records: Incorrect or outdated criminal information that severely impacts employment or housing prospects.

• Outdated Information: Irrelevant or old data appearing on your background check, causing confusion and delays in applications.

• Mismatched Social Security Numbers: Errors leading to a mix-up of identities, impacting employment history verification.

• Incorrect Employment History: Mistakes in reporting past employment, leading to misunderstandings or missed job opportunities.

• Mistaken Drug Test Results: Incorrect drug test results affecting job prospects, especially in industries with stringent substance use policies.

Available Legal Protections For Consumers

Navigating the complexities of background check errors can be daunting, but fortunately, there are robust legal protections in place to safeguard your rights. Both federal and state laws provide mechanisms to dispute and correct inaccuracies, ensuring that your background report reflects true and accurate information.

The Fair Credit Reporting Act (FCRA)

The FCRA is a federal law aimed to ensure the accuracy and privacy of your information in credit and background checks. It provides you with the right to dispute inaccuracies and obligates reporting agencies to correct errors.

Under the FCRA (15 U.S.C. § 1681n), consumers must be notified if information in their background check has been used against them. Violations can result in statutory damages ranging from $100 to $1,000 per violation, actual damages, and punitive damages in cases of willful noncompliance.

The Investigative Consumer Reporting Agencies Act (ICRAA)

In California, the ICRAA provides additional protections to consumers, including consent disclosures and timely delivery of reports.

The ICRAA (California Civil Code § 1786) requires that you be informed about the nature and scope of the investigation being conducted. Violations of the ICRAA can result in actual damages, punitive damages, and statutory penalties up to $10,000 per violation, along with attorney’s fees.

California Consumer Credit Reporting Agencies Act (CCRAA)

This state law further protects California residents by regulating the activities of consumer reporting agencies. It mandates that credit reporting agencies follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

Under the CCRAA (California Civil Code § 1785), you have the right to know what is in your credit report and to dispute inaccurate or incomplete information. Violations can result in actual damages, including court costs and attorney’s fees, and in cases of willful misconduct, punitive damages up to $5,000 per violation.

California Labor Code

Specific sections of the California Labor Code also provide protections related to background checks for employment purposes.

Under California Labor Code § 1024.5, an employer cannot obtain a credit report for employment purposes unless the position falls under certain exceptions, such as managerial positions, law enforcement, or roles involving significant financial responsibility. Additionally, California Labor Code § 432.7 prohibits employers from asking about or considering an applicant’s arrest record that did not result in conviction, with some exceptions. Violations of these sections can lead to civil penalties and damages.

Seven Action Steps Upon Finding Background Check Errors

Discovering errors in your background check can be alarming, but taking the right steps to address these inaccuracies can help mitigate potential negative impacts on your life. Whether you are dealing with inaccurate criminal records, incorrect employment history, or other discrepancies, following these 7 steps can help ensure that your background check accurately reflects your true history and qualifications:

1. Obtain Your Background Check Report: Request your report from the background check company.

2. Check the Box! – Ensure You Receive a Copy of Your Background Check Report: Always opt to receive a copy when giving consent for a background check.

3. Identify Errors: Review your report for any mistakes or inaccuracies.

4. Avoid Costly Mistakes – Recognize Common Errors in Background Check Reports: Familiarize yourself with common errors and ensure your report is free from them.

5. Review and Dispute Errors in Your Background Check Report: Dispute any inaccuracies with the reporting agency.

6. Follow Up: Ensure that errors are corrected within the legally required timeframe.

7. Seek Legal Assistance from a Background Check Attorney if Necessary: Consult with an attorney if errors are not resolved.

Six Requirements Employers and Landlords Must Meet When Obtaining or Using Your Background Report

1. Written Notice and Authorization Are Required: Employers and landlords must provide a clear notice and obtain your written consent before conducting a background check.

2. Check-Box for Requesting Your Report: Ensure you have the option to request a copy of your background check report.

3. Accuracy and Fair Use: Protect yourself from inaccurate information; ensure your report does not contain errors or outdated data.

4. Pre-Adverse Action Notice: You must be informed and given a chance to dispute inaccuracies before any adverse action is taken.

5. Adverse Action Notice: Understand the reasons behind employment or rental decisions and your right to dispute the report.

6. Follow Up: Ensure corrections are made and seek legal advice if necessary.

SEEK AN ATTORNEY TO OBTAIN POSSIBLE FINANCIAL COMPENSATION.

Should I Represent Myself?

NO! You will almost certainly lose without an attorney, even if you should win on the legal issues. This is because you won’t understand the complex procedures applicable in court, and judges do not waive the rules for self-represented persons. As Abraham Lincoln said - “He who represents himself has a fool for a client.”

Can You Afford An Attorney?

YES. Many consumer protection attorneys, including our team, can handle Background Check matters for you on a contingency basis. Like those personal injury billboards you see while driving – you don't pay unless you win.