KNOW YOUR RIGHTS BEFORE GETTING A BACKGROUND CHECK!
1) CONSENT – Before an employer can run a background check they MUST get your permission by providing you consent form authorizing them to conduct any background check. (Note also know that most states also require that an offer is in place prior to conducting a background check see “ban the box law”).
Tip: You will be Googled. Recent survey shows that over 60% of employers will internally google you to see what type of person you are. Unfortunately at this stage no consent is needed…. So be sure to Google your self before applying for any job. Set private setting on all social media accounts that may have personal photos, content you would not want a potential employer to see eg facebook, instagram, vine, twitter etc.
2) TRANSPARENCY – When consenting to a background check the employer must tell you the name of the company (consumer reporting agency) that will be conducting the check. In addition they must provide you with a copy of Summary of your FCRA rights). In some instances you may find on this form ability for a nominal fee, to request a copy of the background check completed on you once its completed. Notes states like Minnesota and California providing the option to request a copy is a MUST.
Tip: If you have a record that has been expunged and or a victim of identify theft I highly recommend you contact the listed background check company directly informing them prior to them conducting and reporting any erroneous outdated records to your potential employer. 99% of all background check companies use proprietary national database as part of the criminal search which most time will still show expunged records. Although background checks company are required to validate that record at the courthouse by manually checking with the courthouse many do not. Therefore put the background check company on notice. Contact them directly to let them know your record has been expunged and provide them with any type of certified court copy that they may use in their research. If they should report a record that has in fact been validated at the courthouse as expunged you have opportunity to sue for damages.
3) DISPUTE – The Fair Credit Reporting Act (FCRA) governs the process of how any disputes are handled regarding your background chin the event an employer denies you a job based on something in you background check
a) Pre-adverse letter – essentially this is a letter sent to you stating that they may have found something in your background check that may prevent you from being hired. IN this letter will be the company that furnished the background check as well as another copy of your fcra rights typically you are given 5 business days to review and challenge this record.
b) Adverse Action Letter – If you have not responded within the allotted time, an employer can then submit an adverse letter withdrawing their offer.
4) CHECK YOUR SELF – I recommend prior to applying for any job its a good idea to always run a background check on yourself. You can find many state websites may provide access to court records. Another good option is http://www.eKnowID.com it a site run by a background check and private detective agency and allows you to run free resume checks as well as order background checks on your self including drug tests. in full disclosure this site is run by a company i'm affiliated with….
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