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criminal background check, background check
By MICHELLE CARTER 3,226 views
LEGAL TRICKS

Colossal Truth Of Wrong Criminal Background Check On Victims

Once most employers give you a job offer you have to go through some pre-employment screening like criminal background check, work history, and credit review as part of the hiring process. You will have to wait for them to carefully check your history before you can start working with them. Some companies will still choose to work with candidates having criminal history while others will tell them that is the reason for not hiring them. 

Though most people won’t expect to fall victim to a wrong background check, sadly mistakes are bound to happen. A single mistake on a background check can hinder you from getting a job from a potential employer. 

Possible Reason For Criminal Background Check Error

It is sad to see how mistakes happen in reporting criminal backgrounds as a result of having a common name. So someone else’s record might be mistaken for your own due to this. There are situations whereby people are sharing the same name, birthday, and similar location making it difficult to get an accurate background check. The best thing to do in this case is to correct any error in your record before applying for any other job. 

Data entry mistakes also contribute to the error or failure to make changes to charges that were dismissed or reduced. So even if you are not convicted of a crime in the past but were charged with it, it could show up on your record. 

What Can You Do As An Applicant With the Wrong Criminal Background check?

Just imagine not being hired due to an error in your report stating that you have a criminal record. As an applicant what can you do in such a situation and how can you prevent it from happening? Note that your employer needs your consent before they can run a criminal background check on you.

  1. Prepare ahead: you can run a background check on yourself before time to see the report that will come out. You can also get a free credit report yearly. So in case of any error, you can correct it on time. 
  2. Provide correct and readable data: you should ensure that all the data provided on your application form are correct and readable. You don’t have to worry though if the employer wants to capture the data from you directly with an online system as the chance of having a data entry error will be minimal.
  3. Get notification from your employer: ask your employer to notify you of the outcome of their background check including the screening company that was used to get the report. You can also request a copy of the report so that you can file complaints against any false report. 
  4. Know your state regulation: you need to be well informed about the regulations in your area and state. So you know that your employer doesn’t have the permission to ask about previous criminal convictions if they are operating within the jurisdiction of Ban the Box.

But in case you do have a positive criminal record then you should know that there are limits to how far back they can go regarding your crimes. As someone with a criminal record, your employer or potential employer in regards to your crime has a time constraint that can be used against you when searching for a job.           

What Can You Do As An Employer?

When running a background check on applicants as an employer, some of the records show a criminal record. Then there are some certain things you should do.

  1. Review the report: the report should undergo review to check for any possible mismatches of data. Details like date of birth, full name, sex, race, and if available matching photo just to double-check. 
  2. Send notice to your applicant: you should notify your applicant of the result of their background check so they review it and check how accurate it is and if there is any mistake in the report. So in case of any error in the report, it can be corrected before making a final decision about the applicant. 
  3. Wait for your applicant’s response: after sending the notice to the applicant and he or she disagrees with the information provided on the report then you will have to wait for about five to ten business days. And you will need to ask your screening company to recheck the report and update it within 30 days. 
  4. The screening company should send a revised report once the previous report has been corrected then your screening company should send a copy of the revised report to you and the applicant.

If you want to avoid having a wrong criminal background check on your applicant as an employee you should partner with a dependable screening company offering advance record filtering. You should also consider not limiting your background check to database search alone. As an employer, you should have it in mind that mistakes are bound to happen so you shouldn’t make any assumption based on the report you receive until your applicant confirms it. To avoid a first advantage lawsuit.

Conclusion

As you can see that there can be a mistake in a criminal background check report so as an employer you should avoid jumping to conclusions. As an applicant providing correct and readable information is very important to prevent you from getting the wrong background check.

Michelle Carter
Author
MICHELLE CARTER

Working as a Marketing Advisor for a legal firm, assist them with marketing planning, ads, direct marketing, and campaigns. Design marketing materials such as brochures and advertisements.