Stories of real people harmed by inaccurate or misleading criminal background checking reports excerpted from:
Broken Records: How Errors by Criminal Background Checking Companies Harm Workers and Businesses
©2012 National Consumer Law Center http://www.nclc.org/issues/broken-records.html
Example 1:
Catherine Taylor, Arkansas: Mismatched Report, Company: ChoicePoint (now LexisNexis) Ms. Taylor has no criminal history, but on several occasions she has had her housing and employment threatened because of mismatched background checks.
ChoicePoint allegedly reported the criminal record of another Catherine Taylor with the same date of birth. That Catherine Taylor lived in Illinois. According to Ms. Taylor’s complaint, ChoicePoint had access to other identifying information which would have distinguished these two women; however, the particular ChoicePoint product in this case was designed to give an instant result, and thus was not designed to access that information.
ChoicePoint acknowledged that next time the company generates a report on the Arkansas Catherine Taylor, the same thing will happen again.
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Example 2:
Samuel M. Jackson, Illinois: Mismatched Report, Company: InfoTrack Mr. Jackson was allegedly denied employment after a prospective employer ran an InfoTrack background check.
InfoTrack reported a rape conviction from 1987— when Mr. Jackson was four years old. The rape conviction actually belonged to a 58-year-old male named Samuel L. Jackson from Virginia who was convicted of rape in November 18, 1987. And that Samuel Jackson was incarcerated at the time the InfoTrack report was run.
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Example 3:
Bahir Smith, Pennsylvania: Misleading Report, Company: USIS Mr. Smith is a truck driver, which is an industry that subjects him to many criminal background checks. Mr. Smith only has 1 arrest on his criminal record. Yet according to his complaint, in March 2009, USIS issued a report comprised of 9 pages and listed that single arrest 3 different times.
Nearly a year later, USIS allegedly issued another report, in which that same case was listed 4 times.
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Example 4:
“John Doe 1,” Pennsylvania: Misleading Report, Company: ADP This ADP report on a Philadelphia resident dedicated 1.5 pages to listing 3 different county courts in Virginia in which ADP conducted the search. In font smaller than all the other fonts in the records, the report states: “No record found based upon the Applicant Data Provided.”
Therefore, any employer who gave the report a quick glance could easily think that this person did have a record in those jurisdictions, when in fact he did not. Background screening agencies may also report single arrests or incidents multiple times. On this same report, ADP reported 10 charges twice (from only 2 cases). The ADP report was 28 pages long, yet essentially presented information about 2 cases. Information was provided redundantly for every single count (including birth date, gender, race, and physical description). This voluminous presentation suggested that this man had a massive rap sheet, when in fact there were only 2 cases.
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Example 5:
A. Garcia, Illinois: Misleading Report, Company: USIS USIS listed 1 case in Mr. Garcia’s report, 3 separate times. A review of the report indicates that each of those entries was the result of USIS running a search on a different date.
Each entry looks slightly different. Therefore, it appears that USIS simply included what it found each time, and did not review the information to see if it matched with a record already in the report.
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Example 6:
“John Doe 2,” Pennsylvania: Misclassifying Offense, Company: Phenix Group, Inc. In a background check, Phenix Group, Inc., incorrectly reported the grade of a conviction of a Pennsylvania man. Although the man was charged with a felony and two other misdemeanors, those charges were dropped.
Instead, he pled guilty to 2 “summary offenses” for public drunkenness and defiant trespass. In Pennsylvania, summary offenses are below the level of a misdemeanor and may not be used by employers in hiring decisions. Because of this mistake, when “Mr. John Doe 2” applied for a job, his application was rejected.
How do mistakes happen on background checks?
A company may be using an inferior background check company that relies only on "national database" records that are not updated on a regular basis. They may also be using records that are not taken from the original sources, which are the court houses themselves. Records in the courts are filed and looked up by your name and your date of birth only. So similar names, abbreviated names, typos on birthdates, and even people with the same exact name and birthdates have criminal records and may get confused with yours.
A company may be using an inferior background check company that relies only on "national database" records that are not updated on a regular basis. They may also be using records that are not taken from the original sources, which are the court houses themselves. Records in the courts are filed and looked up by your name and your date of birth only. So similar names, abbreviated names, typos on birthdates, and even people with the same exact name and birthdates have criminal records and may get confused with yours.
Can I lose a job offer due to something that comes up on my background check, no matter what it is?
It depends on the employer's policy for results on background checks. It may also depend on the job itself as well. But a company must do a few things if they deny you employment because of your background check. The employer also has to send you a letter, called a Pre-Adverse Action Letter, along with a FCRA Summary or Rights, and a copy of the background check. You then have a chance to provide an explanation for the offense, and/or be able to contest the record with the background check company that did the check . If there is a error on your background check, it may take some time to correct. The background check company who did the check has 30 days to respond to your dispute. Something to think about, even if it is a mistake on your background check, this process still has to be followed.
It depends on the employer's policy for results on background checks. It may also depend on the job itself as well. But a company must do a few things if they deny you employment because of your background check. The employer also has to send you a letter, called a Pre-Adverse Action Letter, along with a FCRA Summary or Rights, and a copy of the background check. You then have a chance to provide an explanation for the offense, and/or be able to contest the record with the background check company that did the check . If there is a error on your background check, it may take some time to correct. The background check company who did the check has 30 days to respond to your dispute. Something to think about, even if it is a mistake on your background check, this process still has to be followed.
5 Things You Can Do Before a Company Does a Background Check on You
1. Google yourself. Even though a company is not supposed to base a hiring decision from a Google search, you want to see what comes up on yourself just in case. Sometimes other employees will Google new employees' names and you don't need any strange surprises either while you are in an interview or even a few days after you get hired.
2. Check your social media. Some companies use a background check company to do a social media search. It is not that common, but don't think that just because you know you have a clean criminal record that you are in the clear.
3. Think about and check your driving record. If your job will entail you driving on company time, they may run a motor vehicle check which will be considered when evaluating you for the job.
4. Make sure your resume is correct, especially your dates of employment, positions, and educational history. People tend to "stretch" their time working, their responsibilities, or even their education. This can lead to disqualifying you for the position.
5. Do a background check on yourself. Even though you think you have a clean record, something may be on your background check that you don't know about or there may be a mistake. Forgotten unpaid parking tickets can result in a warrant for your arrest. In many states failure to pay child support is a felony.
1. Google yourself. Even though a company is not supposed to base a hiring decision from a Google search, you want to see what comes up on yourself just in case. Sometimes other employees will Google new employees' names and you don't need any strange surprises either while you are in an interview or even a few days after you get hired.
2. Check your social media. Some companies use a background check company to do a social media search. It is not that common, but don't think that just because you know you have a clean criminal record that you are in the clear.
3. Think about and check your driving record. If your job will entail you driving on company time, they may run a motor vehicle check which will be considered when evaluating you for the job.
4. Make sure your resume is correct, especially your dates of employment, positions, and educational history. People tend to "stretch" their time working, their responsibilities, or even their education. This can lead to disqualifying you for the position.
5. Do a background check on yourself. Even though you think you have a clean record, something may be on your background check that you don't know about or there may be a mistake. Forgotten unpaid parking tickets can result in a warrant for your arrest. In many states failure to pay child support is a felony.
Visual Charts of Professional Background Checks
Basics of a Professional Background Screening
Process of a Professional Background Check
Professional Background Check vs.
FBI Fingerprint Background Check Consumer Benefits of a Professional Screening
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All information provided is for general, educational purposes only and is not legal advice. Selfie Background Check does not provide legal advice in any way and any information provided and/or read should not be considered as legal advice.