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The Fair Credit Reporting Act requires that background companies follow procedures to insure the maximum possible accuracy of reports. If you discover that this has happened to you, an attorney may be able to help you dispute these errors or help you pursue other remedies. Background check companies regularly fail to update their records of convictions. The Fair Credit Reporting Act requires these companies to use procedures to insure that the reports are accurate and up to date.
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If your report contains an expunged conviction, you may need help from an attorney to dispute the item or seek other help. If your employer intends to take any adverse employment action against you, your employer must give you a copy of your report first. In many instances, if your background report contains any derogatory information from a public record, such as criminal history, the background reporting company must also send you a report at the same time.
If you did not receive both copies of your background report before you were fired, denied a raise or rejected for a promotion, you should contact an attorney.
Similarities in names, birthdays, locations or even human error can result in a background report with multiple persons information on it. Before an employer can run a background check on you, they must ask your permission. They must also give you a notice of your rights.
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The employer cannot get you to waive your rights in this form. If you did not receive a notice of rights or give written permission for the background check, you should consult an attorney.
If you are denied a job because of a background check, you are entitled to a pre-adverse action notice and a copy of the background report that the employer used. This means that your employer must tell you that he intends to take some form of adverse employment action before they actually deny you a job or a promotion.
They must also give you a copy of your report before taking any adverse action.
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If you have not received any kind of notification because of a negative item that appeared on your background check, you should contact an attorney immediately. Many types of errors can appear in background checks. Background check companies regularly include information belonging to multiple individuals on a single report and misreport the true identity of individuals with criminal records.
Many of these companies refuse to update records, causing reports to include convictions that were overturned, expunged or dismissed. In some cases, the formatting of these reports can be misleading and cause employers to reject otherwise qualified candidates.
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This information is used for us to gauge where you are in the process so we can better help you through the process. Background Checks Improperly conducted background checks can cause an unjust denial of benefits or employment. False or incorrect information. Misdemeanors listed as a felony. Misstating nature of the court proceedings.
Convictions that have been expunged or vacated. You may also have a case if you have experienced the following procedural incidents: Your employer did not get your written permission before obtaining a background check on you. You were fired from your job based on your criminal history but were not given a copy of your background report. You were not given a copy of your background report before any adverse action was taken. How Much Are Your Fees? An expunged conviction is showing up on my background report.
A background check was performed by my employer but I was not sent a copy of the report. I was not asked for permission before my employer ran a background check on me. Sex Offender Registry This is public information anyway. Each state has its own rules about how far this check can look back. Have questions?
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Let's talk! Thank you for contacting us. We will get back to you as soon as possible. Oops, there was an error sending your message. Please try again later. The CHC Blog. CHC now offers training for supervisors for determining whether or not reasonable suspicion exists and what to do when they suspect it. Get In Touch. CourtHouse Concepts, Inc. Fayetteville, AR Little Rock, AR Lowell, AR About Us.
CourtHouse Concepts is a background screening company that specializes in Pre-employment screening, drug testing, DNA testing and more.
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