8.3 Commercial Background Checks

If incomplete, inaccurate, or expunged records appear on a commercial background check, a person is required to dispute the record and request that it be corrected directly with the company that generated the report. This is controlled by the Fair Credit Reporting Act.1  The onus is on the individual to first challenge or dispute the record with the consumer reporting agency to have the information removed or corrected.

If the information is not timely corrected, an individual may have recourse for damages against the reporting agency. If this incomplete or inaccurate information was reported to a prospective employer and the individual believes the erroneous information was used in denying employment, they must contact the employer, but there are currently no protections or requirements that an employer reconsider a person based on the corrected information. If working with an expungement client, it may be beneficial to proactively check the client’s background after receiving the expungement to ensure the record has been properly removed. This is particularly useful if the client knows which background check company the employer will use (e.g., if the client is trying to drive for Uber, run a Chekr report to ensure accuracy before applying).

• 115 U.S.C. § 1681, et seq.