For job seekers

How to dispute a background check

If your background check is wrong or incomplete, you can make the screening company fix it, for free, on a federal deadline. Here is how, and what to tell the employer while it runs.

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Free · Not legal advice

How to dispute

With the screening company that made the report.

  1. Find the company. Its name and contact details are in the pre-adverse action notice or the final notice.
  2. Send the dispute in writing. Say which item is wrong and why, and attach proof: a court record showing a dismissal, a sealing order, an ID showing a different birth date.
  3. The company must reinvestigate, free of charge (15 U.S.C. § 1681i(a)(1)(A)).
  4. Tell the employer in writing that you disputed the report. Keep copies of everything you send.

The company’s deadlines

  1. Within 5 business days, it notifies whoever supplied the item, such as a court records vendor (§ 1681i(a)(2)).
  2. It finishes within 30 days after it gets your dispute, or up to 45 if you send more information during the 30 days (§ 1681i(a)(1)).
  3. An item that is wrong, incomplete or cannot be verified is deleted or corrected (§ 1681i(a)(5)).
  4. Within 5 business days after it finishes, it sends you the results in writing (§ 1681i(a)(6)).

Some states set shorter deadlines: Maine 21 days, South Carolina a written answer within 30 days, Louisiana 45 days. Federal law still applies.

Telling the employer

The dispute does not pause the employer by itself, except where a law says so.

  • California: 5 more business days if you tell the employer in writing, within the waiting period, that you 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 if you tell the employer within the first 5 business days, in any form

Elsewhere, write to the employer anyway. An employer that learns the report is being corrected may wait.

If it isn’t fixed

You can file a complaint with the Consumer Financial Protection Bureau. A legal aid office or a lawyer who handles FCRA cases can tell you whether you have a claim; the summary of rights explains that you may seek damages from violators.

Sources

State and city rules: each state page.

Last reviewed · General information, not legal advice.

State law

Background check laws by state

Pick a state to see what its law adds to the federal FCRA. A darker state has state law on more of the eight topics we cover.

  • State law on 1 to 3 topics
  • 4 or 5 topics
  • 6 to 8 topics

Every state, with its review date