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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How to dispute
With the screening company that made the report.
- Find the company. Its name and contact details are in the pre-adverse action notice or the final notice.
- 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.
- The company must reinvestigate, free of charge (
15 U.S.C. § 1681i(a)(1)(A)). - Tell the employer in writing that you disputed the report. Keep copies of everything you send.
The company’s deadlines
- Within 5 business days, it notifies whoever supplied the item, such as a court records vendor (
§ 1681i(a)(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)). - An item that is wrong, incomplete or cannot be verified is deleted or corrected (
§ 1681i(a)(5)). - 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
- 15 U.S.C. § 1681i, reinvestigation of disputed information
- CFPB, Submit a complaint
- CFPB, A Summary of Your Rights Under the FCRA
State and city rules: each state page.
Last reviewed · General information, not legal advice.