Frequently Asked Questions

This resource aims to address common questions and concerns you may have about taking legal action in such situations. Please note that the following content is intended for general informational purposes only and should not be considered as legal advice. For personalized assistance, we recommend consulting with a qualified attorney.

You can use our Quiz page for a quick guide to your options, or send a direct message to our intake team through our contact page.


Table of Contents

How do I check my background report?

The Fair Credit Reporting Act (FCRA) provides consumers the right to obtain a copy of his or her file from consumer reporting agencies. An employer must provide you with a copy of your background report prior to taking adverse action. However, proactively reviewing your background report is particularly challenging because there are numerous background reporting agencies and no way to know which one a prospective employer may use.

We recommend requesting a copy of your file from LexisNexis to start. This can be a good first step in discovering the type of information contained in your file, and whether any inaccuracies have been included. To obtain a copy of the file LexisNexis maintains about you submit the request form available here.

What's in an employment background report?

Employment screening reports typically include information such as credit history, past employment, salary, educational, and professional license verification. Depending on the depth of the search, the results may also include past residential addresses, Social Security Number verification, criminal record, conviction history, and even fingerprint data. 

How is my information protected?

The Fair Credit Reporting Act (FCRA) regulates the way consumers’ credit information is collected and how they can access to their credit reports. A landmark in consumer rights, the FCRA allows every individual free access to their history as it appears to businesses. This law not only applies to credit information, but also to employment and criminal background checks. 

Why is it important to check your own record?

Keeping an eye on your consumer reports is paramount to protecting your rights as a consumer. Catching background check errors early can prevent potentially devastating obstacles in your personal and professional life. For example, receiving a job offer only to have it revoked due to incorrect criminal history on your records. 

I see errors in my background check. How do I fix it?

Amending an erroneous consumer report is not always easy. The basic steps to correcting your background include: 

  1. Request a copy of the background report. Even if the employer declined your application, you have a legal right to the information. 
  2. Dispute the report with the background reporting agency. Maintain an accurate record of any communication with the company. 
  3. Wait for the agency. They have 30 days to investigate the claim and 5 days to notify you of the results. 
  4. Opt-out of arbitration if applicable to preserve your legal rights. 
  5. Contact a consumer protection attorney. If your claim is not properly investigated, or the information is not corrected, don’t delay your legal action. 

My report still contains inaccuracies. What do I do now?

Contact our attorneys through our contact page and someone will review your information and send a timely response. We recognize how important background checks can be for many aspects of life, and take each potential case into careful consideration.