common forms of inaccurate background check data
contrary to what some might believe, there is no central database containing all criminal history or other setting information. consequently, background screening companies must search a kind of databases and public record sources, some of which may yield erroneous information. here are just a few examples of how wrong information can appear on a campaigner ’ mho background check report : ad
- criminal history information from cases that were expunged or sealed, that was not properly updated and removed from public view by the motor hotel .
- Incorrect gradation status from department of education sources. This can occur most normally with older, non-electronic records .
- Incorrect or incomplete dates of employment or position from employment sources. An employer may have provided incomplete information due to changes in payroll systems, mergers and acquisitions, and breaks in employment .
What candidates can do about erroneous background check results
Going through the background check process may be the first time a candidate becomes aware of mistakenly reported background information. If the information has the likely to negatively affect the candidate ’ south job prospects, the employer is legally obliged by the Fair Credit Reporting Act ( FCRA ) to notify the candidate of the right to dispute the background check results. In addition to a copy of the original background check report card, the employer must besides give the candidate a “ pre-adverse action ” letter confirming the option to dispute the results and a notification explaining their rights under the FCRA. Certain states have extra and specific requirements for adverse military action, american samoa well. Candidates besides have a mighty to dispute inaccuracies on their reports and can submit any new or corrected criminal, education, or employment information for subsequent review by their prospective employer and the background check company. For example, a candidate can submit update criminal history information from a court, a copy of school records for education, or a W-2 for use. From there, the background screening ship’s company will review and verify the information and correct the setting check report when necessary .
How employers should approach background check inaccuracies
In accession to providing FCRA-required documents to candidates, employers should besides support candidates through the challenge process before taking any natural process, such as rescinding a job offer. not doing so could result in a lawsuit or a claim of FCRA rights violation by the candidate. even if the inaccuracy doesn ’ triiodothyronine affect the employment of the campaigner, the background check company should be contacted to facilitate a reinvestigation to correct the data with the report beginning, so a similar error does not occur in the future. ad Employers should take the following specific actions :
- Include in your adverse military action policy a guide for the actions HR and others will take when a campaigner disputes background see results, including notifying the background check company of the dispute .
- Keep the side candid while waiting for a candidate to gather and present raw background information ; many companies wait at least five days .
- carefully consider all new information provided by the candidate, reviewing it with legal advocate and the background assay company before making decisions about the campaigner ’ s employment eligibility .
Managing background check disputes is likely to run fluent with the aid of a authentic background screening company. A reputable background screening provider helps employers maintain conformity and consistency by :
- Following FCRA requirements for managing background check disputes
- Monitoring the quarrel rate ( how frequently candidates dispute background check data )
- Conducting thorough and timely investigations of new data presented by candidates, and if necessary, provides corrected background check reports .
Employers should besides keep in judgment that not all instances of background crack composition inaccuracies are ascribable to erroneous data. Sometimes the perpetrator is incomplete data collection at the begin of the background check process, for case, a campaigner may not properly complete their application. Although it isn ’ t necessarily an inaccuracy, a previous employer may not have a criminal record of the campaigner if they were employed through a irregular agency, contract shape, or a work-study program. In those instances, an extra employment verification may be necessary. ad Despite the appropriate actions of candidates, employers, and background screening companies, backdrop check inaccuracies can still occur. The key to achiever is knowing what to do when a background confirmation report contains wrong information. By following legal requirements and understanding candidates ’ rights, both employers and candidates can do their part to keep the backdrop screening process fair and effective. Kevin Neudecker is Vice President of Quality and Compliance with Corporate Screening in Cleveland, Ohio. Neudecker is FCRA Advanced Certified by the PBSA. Corporate Screening ad ad ad