Challenging Inaccurate Information on a Background Check in PA

Challenging Inaccurate Information on a Background Check in PA

Dealing with errors on your background check can be super frustrating. It can block you from getting a job, renting an apartment, or even just going about your daily life. But don’t worry – there are steps you can take to get inaccurate info fixed.

Background checks are used all the time in PA. Employers run them on job candidates, landlords run them on prospective tenants, and more. So errors can pop up in all sorts of situations.

If your background check has wrong info on it, the first step is to get a copy of the actual report. Employers and landlords are legally required to show you the background check if they make a decision based on it. So ask them for a copy.

Once you have the report, look it over closely. Common mistakes include:

• Information that belongs to someone else with a similar name
• Arrests listed without the final outcome
• Sealed or expunged records still showing up
• One charge listed multiple times
• Misdemeanors marked as felonies

If you find any errors, you’ll need to file disputes. Here’s how:

Disputing Errors with the Background Check Company

The background check company is the first place to dispute errors. Here are some tips:

• Call the company and explain the mistake. Follow up in writing.
• Fill out any dispute forms they require.
• Include copies of documents that back up your side of the story.
• Ask them to send corrected reports to anyone who got the original.

By law, background check companies have 30 days to investigate disputes. If they can’t verify the info, they must delete it.

Disputing Criminal Records

If there are mistakes in your criminal history, you’ll need to contact the state agency that handles those records. In PA, that’s the Pennsylvania State Police.

To dispute your criminal record, take these steps:

• Get a copy of your official record from the State Police.
• Review it closely and note any errors.
• Write to the State Police disputing the mistakes.
• Include court records that show the true facts.
• Ask them to correct your record.

It can take persistence to get criminal records fixed. An attorney can help if needed.

Disputing Credit Report Errors

If your background check included a credit report, any mistakes in the credit report will need to be disputed separately.

Here is the process for disputing credit report errors:

• Get copies of your credit reports from Equifax, Experian, and TransUnion.
• Review the reports and note any incorrect info.
• Write dispute letters to each credit bureau.
• Include documents backing up your dispute.
• Ask the credit bureaus to investigate and correct the errors.

Credit bureaus also have 30 days to investigate disputes. If they can’t verify the negative information, they must remove it.

Take Legal Action if Needed

If background check companies, government agencies, or credit bureaus refuse to fix errors, you may need to take legal action. Here are some options:

• File a complaint with the FTC or CFPB
• Consult a consumer lawyer about suing for damages
• Have an attorney petition to get court records corrected

The Fair Credit Reporting Act gives you the right to sue for actual damages, punitive damages, and legal fees if background reporting companies don’t follow dispute procedures.

Tips for Avoiding Background Check Errors

While you can’t prevent every mistake, there are some things you can do to minimize errors on your background reports:

• Review your credit reports regularly and keep them accurate.
• Stay on top of your criminal record and make sure it’s correct.
• Provide complete and accurate info when applying for jobs and housing.
• Let employers/landlords know if you’ve had your records sealed or expunged.

Dealing with background check errors can be a real hassle. But staying persistent and disputing inaccurate info through the proper channels can get your record set straight.

Don’t let mistaken information trip up your plans. You have the power to get errors fixed!

Even after getting errors fixed, the incorrect background check could still be circulating and causing issues. Here are some steps to help stop the spread of bad information:

• Ask the background check company to send updates to everyone who received the original erroneous report in the past two years.
• If a background check with mistakes was provided to an employer, ask them to replace it with a corrected version.
• Monitor your background check periodically to make sure old errors don’t resurface.

If background check errors are really stubborn, formal legal remedies may help get the record set straight. Options can include:

• Filing a lawsuit against the background check company for violating the FCRA.
• Reporting violations to regulatory agencies like the FTC or CFPB.
• Working with an attorney to petition the court to correct any lingering criminal record errors.

While challenging false info takes effort, success can stop mistakes from derailing your future. Arm yourself with knowledge of your rights and take action against any bad background check.