Guide · For employers
When an applicant disputes a background check
A person who gets your pre-adverse action notice may say the report is wrong. Federal law gives the screening company a clear process for the dispute. Some states and cities give the person more time with you. This guide covers both.
Reviewed
Primary sources
Part of the process
Who handles the dispute
The screening company, not you.
The person disputes the accuracy or completeness of the report with the consumer reporting agency that prepared it. Your pre-adverse action notice includes the agency’s contact details and the summary of rights, which explains how. The agency must then reinvestigate, free of charge (15 U.S.C. § 1681i(a)(1)(A)).
The agency’s deadlines
- Within 5 business days after it receives the dispute, the agency notifies whoever supplied the disputed item, such as a court records vendor (
§ 1681i(a)(2)). - It finishes the reinvestigation within 30 days after it receives the dispute. That can stretch by up to 15 more days if the person sends relevant information during the 30 days (
§ 1681i(a)(1)). - If an item is inaccurate, incomplete or cannot be verified, the agency deletes or corrects it (
§ 1681i(a)(5)). - Within 5 business days after it finishes, it sends the person the results in writing (
§ 1681i(a)(6)).
Some states set their own deadlines for agencies too: Maine 21 days, Louisiana 45 days, and South Carolina a written answer within 30 days. Federal law still applies.
What it means for your decision
Federal law sets no wait for the result. Some places do.
The FCRA does not set a waiting period for you, for a dispute or otherwise. The common guide is 5 business days after the pre-adverse action notice (step 3).
Some places add time when the person disputes the record, for decisions based on criminal history:
- California: 5 more business days when the person tells you in writing, within the waiting period, that they dispute the record and are getting evidence
- Los Angeles County: at least 10 more business days, on a dispute or a request for more time
- San Diego County: 5 more business days when the person tells you within the first 5 business days, in any form
The waiting period calculator adds these days when you tell it the person disputed the record.
What you do while it runs
Read what the person sends you. An error in the report, or facts about the record, can change the decision. Places that require an individualized assessment also require you to consider what the person sends before you decide; the letter generator lists each place’s steps.
When you decide, send the final notice (step 4). The letter generator writes it.
Sources
- 15 U.S.C. § 1681i, reinvestigation of disputed information
- 15 U.S.C. § 1681b(b)(3), the pre-adverse action notice
State and local rules: the sources on each state page and on the calculator.
Last reviewed · General information, not legal advice.