A background check is a process used to verify an individual’s history and credentials. Employers, landlords, or other entities often conduct it to assess a person’s suitability for a position, rental agreement, or other responsibilities. Background checks come in many forms, including employment, criminal, credit, education, and more.
Purpose of a Background Check
A background check’s primary purpose is to ensure individuals’ safety and reliability in various contexts. It helps to:
- Verify Identity and Credentials: Confirm personal information such as name, address, and educational qualifications.
- Assess Character and Trustworthiness: Evaluate whether a person has a history of criminal activity or other risky behaviors.
- Ensure Workplace Safety: Protect employees and customers by preventing individuals with a violent or fraudulent past from being hired.
- Comply with Legal Requirements: Meet industry standards and regulations that mandate specific background checks.
Definition of a Background Check Error
A background check error is an error made during a background check, either by machines or humans. These errors can involve adding false facts that are not true or excluding facts that should be on a person’s record. Frequently, an erroneous background check can paint a negative picture of an applicant.
Types of Errors
These mistakes can appear in many forms. Common background check errors include:
- Incorrect or incomplete data in original documents
- Outdated information that should be removed
- Mistakes in criminal records
- Cases of mistaken identity, resulting in another person’s criminal records appearing on your background check
- Data mix-ups cause another person’s details to appear on your background check.
- Crimes committed by someone else using your identity that show up in your background check.
- Transposed digits in the Social Security Number
Causes
Most background check errors stem from the following factors:
Human Error
Computers can only produce the information we input. If the data is incorrect from the beginning, it will be faulty in the end. This is often summed up by the phrase “garbage in, garbage out.”
Mixed Files
Consumers with similar names may find another person’s information in their background check.
Machine errors
Companies use automotive processes to compile their data using public information. The challenge with this strategy is that the algorithm occasionally garbles the provided data.
Criminal Record Issues
When criminal offenses or arrests are expunged from a person’s record, their background check should reflect that. However, many commercial databases don’t conduct crucial updates to show a current criminal record.
The Effects of Background Check Errors
Background check errors can result in the loss of a job opportunity, a damaged reputation, denial of housing, and denial of various credit products. In an era where credit and personal finance are essential to a consumer’s well-being, it’s more important than ever that background checks are error-free.
Responding to Background Check Errors
Fortunately, consumers have strict rights regarding personal information through the Fair Credit Reporting Act.
First, an employer, leasing office, or other agency must have written consent to run a background check on you. When the requestor gets the results, the FCRA demands that a consumer be notified if the background check is used against the person. For example, if you are not selected for a job because of something on your criminal record. Additionally, you are entitled to a copy (free of charge) of that background check.
If you believe there are errors in your report, you have the right to dispute it. Errors on your background check must be rectified or deleted within 30 days of initiating the dispute.
Contact a Background Check Lawyer
When background check companies and consumer reporting agencies violate the act’s provisions, you have the right to sue. Our attorneys have decades of experience getting compensation for those denied opportunities due to background check errors. For more information, contact us today for a free consultation.
The most popular background check companies include Checkr, Goodhire, HireRight, Accurint, Sterling Talent Solutions, Contemporary Information Corporation, and more.
