Explain How to Dispute False Criminal or Financial Records When Applying for Jobs

You may dispute false records by immediately filing a dispute with the background screening company and simultaneously notifying the entity that supplied the erroneous information. A Florida background check mistake attorney can help dispute the error if you contact Sharmin & Sharmin Today.

Inaccurate criminal or financial records on a background check can unjustly derail a job application. The process for clearing these errors is governed by the federal law that dictates how screening companies and information furnishers must handle your data. Understanding your legal rights is the essential first step in successfully challenging these records and protecting your employment prospects.

Identify the Source of the Florida Report and the Error

When a potential employer notifies you that they are taking an action, such as withdrawing a job offer, based on a background check, they are legally required to provide you with documents providing the reasoning. They should provide a full copy of the report, as well as the name and contact information of the third-party Consumer Reporting Agency (CRA) that prepared the report.

To correct the error, you must first target your dispute at the correct entity. Once you determine the nature of the error, you can figure out what exact supporting documentation you need to get it corrected.

Initiate a Formal Dispute with the Consumer Reporting Agency

Once you have the report, file a formal dispute with the CRA that created it as soon as you are able. This should be done in writing, often via certified mail or through the CRA’s online dispute portal, to create a paper trail.

Your letter should clearly state that you are disputing the accuracy of the record, the details of the specific item you are challenging, and copies of supporting documentation. Under the Fair Credit Reporting Act (FCRA), the CRA has 30 days to investigate. 

During this time, they must contact the original source to verify the information. If the source cannot verify the information within the deadline, the CRA must remove the item from your report.

Directly Contact the Furnisher of the Information

While the FCRA requires the CRA to contact the furnisher to verify the information, you can also contact the furnisher of the information yourself. Send a separate letter to the furnisher informing them that the data they provided is being disputed as inaccurate or incomplete. 

If your dispute involves an expunged record, include the court order confirming the expungement and demand that the record be updated in their database to reflect its non-public status. This effort speeds up the correction process and ensures that the furnisher has already corrected the record.

Seek Legal Assistance for Help with a Dispute on False Criminal or Financial Records

If the CRA confirms the information is inaccurate or incomplete, they must send you a corrected report. They are also required to notify the employer who requested the initial report that the information has been corrected.

A consumer law attorney can help you evaluate your legal options and whether you can file a lawsuit to compel the removal of the inaccurate records and seek monetary damages for the harm caused to your job prospects. Contact Sharmin & Sharmin P.A. today to set up a free consultation at 561-655-3925.