Finding an error on a background check during a job offer process creates immediate stress and uncertainty. When a prospective employer uses a consumer reporting agency, the resulting report may contain inaccuracies that risk derailing your job opportunity. Understanding the source and severity of the mistake is the first step toward resolution. The central question is whether to proactively contact the employer, requiring a calculated approach that balances transparency with protecting your legal rights.
Understanding the Background Check Error
Errors in consumer reports are generally categorized by the type of incorrect information they contain. Identifying the specific nature of the mistake helps determine the appropriate course of action for disputing the data. Inaccuracies often stem from clerical errors, outdated records, or the mixing of information between individuals.
Identity Mix-Ups
Mistaken identity, or a “mixed file,” occurs when a Consumer Reporting Agency merges your information with that of another person who has similar identifying details. This error can result in serious criminal records or negative financial history appearing on your report that does not belong to you. Resolving a mixed file requires demonstrating that the negative information is linked to a different individual.
Inaccurate Employment or Education Dates
Discrepancies in employment or education history are common, relating to incorrect dates of attendance, graduation, or employment periods. These errors can arise from a previous employer’s faulty record-keeping or simple data entry mistakes. Even a small variance, such as a month-long difference in an end date, can raise questions with a prospective employer.
Outdated or Misclassified Criminal Records
A background check may show criminal records that should no longer be included because they were sealed, expunged, or dismissed. The report might also misclassify the severity of an offense or fail to update a record to reflect that a charge was dropped. Outdated records can cause harm by leading an employer to make a decision based on information legally prohibited from consideration.
Credit Report Issues
Some employment background checks, particularly for positions involving financial oversight, include a review of your credit history. Errors can involve inaccurate debt amounts, incorrectly reported late payments, or negative marks related to identity theft. Incorrect financial data can unfairly portray an applicant as irresponsible or a high risk.
Reviewing the Report and Your Legal Rights
Before communicating with your potential employer, you must secure and analyze the source of the error. Federal law provides specific protections if an employer intends to use background check information to make an adverse decision, such as rescinding a job offer. The employer must first provide you with a copy of the report they received and a document titled “A Summary of Your Rights Under the Fair Credit Reporting Act” (FCRA).
This pre-adverse action notice is designed to give you a reasonable amount of time, typically five business days, to review the report and dispute any inaccuracies before the hiring decision is finalized. The “Summary of Rights” outlines your right to dispute incomplete or inaccurate information directly with the agency that compiled the report. Thoroughly reviewing the physical document is the only way to confirm the exact nature and source of the mistake, which is necessary for any effective dispute.
The FCRA requires the employer to follow this two-step adverse action process if the background check is a reason for a negative hiring decision. This legal framework provides an opportunity to correct the record and informs you of the precise information that has placed your job offer in jeopardy.
Deciding Whether to Contact the Employer
The decision to contact the employer about a background check error is a nuanced one that depends on the specific circumstances of the inaccuracy. If the employer has already sent a pre-adverse action notice, the communication pathway is officially open, and you should use the time provided to address the error. If you discover the error on your own personal background check before the employer has received their copy or initiated the adverse action process, the choice is more complex.
For a simple, easily explainable error, such as a one-month discrepancy in employment dates, a calculated proactive disclosure may be beneficial. You can briefly mention that you anticipate a minor, clerical error on the report and provide supporting documentation to preemptively resolve the issue. This action demonstrates honesty and a commitment to accuracy, potentially mitigating the employer’s concerns before they even see the report.
For more complex issues, such as a mistaken identity resulting in a serious criminal record, caution is advised before the employer contacts you. Oversharing details about a complicated dispute risks introducing doubt before the employer is legally required to address the report. In severe cases, it is better to wait for the official pre-adverse action notice. This notice legally mandates a temporary pause in the hiring decision while you prepare your formal dispute.
How to Communicate the Error to Your Employer
Once you decide to communicate, perhaps in response to a pre-adverse action notice, your message should be professional, concise, and focused strictly on verifiable facts. The goal is to provide enough information to demonstrate that the information is inaccurate without overwhelming the employer with irrelevant details. An email is generally the best method for this initial communication, as it creates a clear, documented record of your claim and allows you to attach supporting documents.
Start by acknowledging the report and clearly stating that the specific information is inaccurate. Attach immediate documentation to support your correction, such as court documents proving an expungement or a letter confirming graduation dates. Briefly state that you have initiated the formal dispute process with the Consumer Reporting Agency. Maintaining a calm and confident tone is important, as you are presenting yourself as a professional managing a clerical issue.
Formal Steps to Dispute the Error
Communicating with the employer is a short-term strategy to save the job offer, while formally disputing the error is the long-term solution to clearing your record. The formal dispute process must be initiated directly with the Consumer Reporting Agency (CRA) that compiled the report, not the employer. You should contact the CRA using the information provided on the background check report and file a dispute online or via certified mail.
The dispute must clearly identify the inaccurate information and include any supporting documents that prove your claim. Under the FCRA, the CRA is legally obligated to investigate the disputed item with the original source of the data, such as a court or former employer, within a 30-day window. If the information cannot be verified as accurate, the CRA must remove or correct it and send the revised report to the employer who requested the original. This investigation process is the mechanism for permanently correcting the data in your consumer file.
Protecting Yourself During the Hiring Process
Meticulous record-keeping serves as your primary defense against a negative hiring decision based on an inaccurate report. You must save copies of all relevant documents:
- The initial inaccurate background check.
- The “Summary of Your Rights” notice.
- Every communication sent to both the employer and the Consumer Reporting Agency.
- Documentation of when you filed the dispute and any correspondence from the CRA regarding the investigation.
Promptly following up with the CRA to ensure the investigation is progressing and that the corrected report is sent to the employer is a necessary action. While the FCRA aims to protect consumers, an employer is generally not obligated to hold a job open during the 30-day investigation period. If the CRA fails to investigate the error or if the employer takes adverse action based on information they knew was being disputed, it may be necessary to consult with an attorney specializing in consumer law to explore your legal options.