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  1. #1
    Join Date
    Nov 2014
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    4

    Default Error in a Background Check

    My question involves labor and employment law for the state of: WI
    As part of new job background check felony has shown up in NY. I did live in NY before WI. I do have a common name but the felony does not belong to me. I am currently waiting for a resolution from the background check company. I am assuming there is an individual with the same name and DOB. What do the background company do as the next step to fix this issue? Trying to understand the process.

    I have provided few proofs like my citizenship cert. if I had a felony, I would no have got my citizenship. A FBI fingerprint report. In the process of getting a criminal rap sheet from NY using finger print. I have not got any feedback. The only response I get is that it's being investigated. I am trying to understand the process.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Error in a Background Check

    The only way to learn a specific company's error-correction policies is from that company.

  3. #3
    Join Date
    Nov 2014
    Posts
    4

    Default Re: Error in a Background Check

    Understood. But any idea on the common practices. Do they do additional query with SS#, reach out to court for public record. The company has not asked me for any additional info hence was trying to find out some of the common practices especially to resolve same name and DOB issue.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Error in a Background Check

    What sort of background check? Most of the commercial companies follow the FCRA rules. You can request your report after it is used to your detriment and protest any incorrect information on it just as if it were a credit report.

  5. #5
    Join Date
    Nov 2014
    Posts
    4

    Default Re: Error in a Background Check

    Criminal background check. I have a copy of the report and have escalated one record to be disputed. When I call the company they tells me it's being investigated. I have provided different document to support my case including FBI report using finger print. Getting similar rap sheet from NY using finger print where the record showed up. My understanding is that some of these companies use only first name, last name and DOB. I am trying to understand what these company do next to fix the issue with my scenario (same name and DOB).

    - - - Updated - - -

    Does anyone knows the steps these background check companies take to resolve a issue? Specifically when the find an individual with the same name and date of birth. I believe this is a common query these agencies use and someone with a common name gets easily caught up in this mess.

  6. #6
    Join Date
    Nov 2014
    Posts
    4

    Default Re: Error in a Background Check

    My issue got resolved late last week (approx. 10 days). 10 days took 10 years of my life! Very hard to understand these pre-employment screening companies process to retrieve information and to fix it. I learned there is no governance around this industry. Even the lawyers don’t know the agencies specific process but can help provide some understanding of the legal landscape. My attorney said “take this issue head on and not wait for the agency to fix the issue".

    Steps I took.

    CFPB: File an online complain to http://www.consumerfinance.gov/. They will escalate your issue. They will not represent your case. I learned companies do not like to be on this list. Additionally, the complains help the agency monitor trends on specific issues so complain right away.

    Hire an Attorney: Hired an attorney in the state where you see the incorrect criminal info was reported by the pre-employment screening company. In my case the incorrect record was from NY hence hired a NY attorney. Also the attorney’s can help guide and also pull many of the reports in a very short time frame. Especially in a state like NY they get a million inquiries everyday felt the lawyer definitely helped.

    FBI fingerprint report: These reports you can pull yourself but the attorney helped pull the report in 1-2 day time frame. Basically you provide your fingerprint and the respective agencies will run a criminal check.

    State fingerprint report: Same as #2. All states do not have this capability but majority of them do.

    Local county courts: My attorney went ahead and pulled the specific criminal record to learn additional pedigree information on the other individual

    State records: Turns out there is an individual with the same name and DOB who has a criminal record. My attorney is making sure this error does not happen in the future. He is addressing the issue with multiple agencies - FBI, NY County Court, NYS Dept of Criminal Justice.

    I also complained to WI Governor Office (state I live), IL Attorney General (state where the business send me the report from), Local Senator. I know the issue is escalated by these offices to the company but not sure how far these agencies can help.

    I will continue to follow-up understand the root cause and how to prevent such issues that impact livelihood. Wanted to share this info to help anyone experiencing this nightmare scenario.

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