Employee criminal background checks are an important part of the hiring process. It is essential for employers to receive accurate information about potential employees in order to make informed decisions about who to hire. However, sometimes inaccurate information can be included in a background check. In this article, we will discuss what employees and employers need to know about inaccurate background checks. We will also provide tips on how employees can dispute inaccurate information and how employers can ensure they receive accurate background checks, as well as the importance of vetting a background screening service before doing business with them.

An extremely common part of the pre-employment screening process, an employee criminal background check will search federal, state, and county databases to uncover information relevant to a person’s credit history, criminal history, and more. The purpose of this background screening is to act as the first line of defense in creating a safe workplace environment for employees while also protecting the assets and the legal interests of the employer.

Criminal background checks can uncover a lot of information about a candidate for employment—however, this information is not always completely accurate. For example, there can be gaps in the information that paint an unclear portrait of a person’s history, incorrect credentials and education status, and incomplete employment history. In some cases, criminal history information will be outdated in the instance that it should have been expunged from public view by the court, damaging a candidate’s chances at landing the job. There can also be issues with the transfer of traditional, paper records to electronic records and information getting lost in translation. Previous employers may also contribute false or partial information about a candidate’s history due to acquisitions and mergers, temporary leave of employment, and payroll system changes.

Clearly, there’s no shortage of things that can go wrong with an employee’s criminal background check. Fortunately for the employee, there are ways they can contest the results and advocate for themselves. The good news with all pre-employment background screenings is that they require the candidate’s consent prior to the screening, and the employer must also alert the prospective employee of their right to contest the results of the background check. Potential employees are protected by the Fair Credit Reporting Act (FCRA), which serves to protect individuals’ sensitive information as well as preventing discrimination.

Should the criminal background check dig up a history that warrants extra attention, the candidate for hire is entitled to dispute the results. At the time that they are presented with the original background screening results, the employer must also supply a “pre-adverse action” letter to the candidate alerting them of their right to contest the results as protected by the FCRA.

Aside from the right to contest partial, missing, or false information as uncovered by a criminal background check, a candidate for hire also has the right to submit corrected or new evidence to support their eligibility for hire. This can include prior employment history like a W-2, academic records, or updated criminal background information. The background screening company will then apply further efforts to verify the verity of the newly supplied information and make amendments as necessary. So, should your criminal background check turn up with negative remarks that don’t tell the whole story of your history, there are certain actions you can take as a potential employee protected by the FCRA!

It can be embarrassing for an employer to contend with inaccurate background screening results, not to mention it can cause complications with a candidate that may in truth be perfectly worthy of hire. However, there are several steps an employer can take to ensure their employees’ criminal background checks are thorough, accurate, and timely.

It’s also important to note that not following the proper protocol with background checks as an employer can expose you to lawsuits and other risks—so play by the rules, and you will likely benefit. Aside from providing FCRA-required documents to candidates before and after the screening process, an employer should also inform the candidate about their right to dispute the background check prior to making any decisions about their status as an employee, such as withdrawing a job offer. Prematurely rescinding a job invitation can open an employer up to lawsuits or claims of FCRA violations from the candidate in question. Here are some of the steps a responsible employer should take to ensure their background screening process is legal, fair, and thorough:

·      Review any new or corrected information presented by the candidate, including with the background screening service and some form of legal counsel.

·      Should a candidate wish to provide new information, they should be allowed at least five days to present new information, during which time the position should be left open.

·      When a prospective employee wishes to dispute the results of their background check, notify the background screening service of the dispute and create an adverse action policy guide to inform next steps for your HR department.

·      Screen all potential candidates indiscriminately.

While many professional background screening services do their best to paint a full picture of a candidate’s history, mistakes do sometimes happen. This is why it is important to know what to do in the event of an employee criminal background check dispute—for both candidates and employers.

Yet another step an employer can take to ensure they are getting the best background screening service possible is to vet their screening service before utilizing their services. Questions to ask would be how often candidates dispute the results of their background tests, how long it takes to acquire a thorough account of a candidate’s history, if they provide corrected background check reports, and how they follow the FCRA legal guidelines.

If you’re looking for a professional employee criminal background check service near you that can rise to the standards set by the FCRA and accommodate the interests of both the candidate and the employer, contact Alpha and Omega today!