close search ×
Criminal Background Check Application Form With Pen

San Diego County Background Check Lawyer

At some point in our lives, we have all filled out forms for background checks, whether it be for a job, rental application, or other reasons. Unfortunately, sometimes these checks come back with derogatory information that can end the application process right then and there. But what if that information is inaccurate? Or what if it shows a previous criminal conviction that has since been expunged? California and federal laws protect you in such situations. Contact a seasoned San Diego County background check lawyer from Barthen & Barthel to learn more.

Don’t Let an Inaccurate Background Check Hold You Back | Contact a Lawyer Today

At Barthel Legal, we understand how frustrating and damaging errors on your background check can be. An experienced San Diego consumer lawyer from our firm can help you navigate the complex laws surrounding background checks and seek justice for any damages caused.

Since attorneys’ fees and costs are provided for if your claims are successfully litigated, we do not charge any out-of-pocket costs to our clients. In other words, we don’t get paid until you do. If we are unsuccessful in litigating your case, we just walk away, and you are not required to cover our attorneys’ fees.

Understanding Your Rights Under the FCRA

The Fair Credit Reporting Act (FCRA) is a federal law that regulates the collection, dissemination, and use of consumer credit information. This includes background checks. Under the FCRA, background check companies are required to ensure the accuracy of the information they provide, investigate the disputed information, and correct inaccuracies.

If a background check company fails to comply with the FCRA, you may be entitled to damages. This can include actual damages, punitive damages, and attorney fees.

Protecting Your Rights Under California State Law

In California, there are additional laws that protect consumers from inaccurate background checks. Under the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit Reporting Agencies Act (CCRAA), background check companies are required to provide consumers with a copy of the report and to allow them to dispute any inaccuracies.

Here are some examples:

  • California Investigative Consumer Reporting Agencies Act (ICRAA): This state law regulates consumer reporting agencies that provide background checks for employment purposes. The law requires that employers provide written notice to job applicants before obtaining a background check, and it requires the employer to obtain written authorization from the applicant. If an employer takes an adverse action based on information in the background check report, they must provide the applicant with a copy of the report and a summary of their rights under the law.
  • California Consumer Credit Reporting Agencies Act (CCRAA): This law provides similar protections for consumers as the federal Fair Credit Reporting Act (FCRA), but with some additional rights. For example, under the CCRAA, these background-checking agencies are prohibited from putting anything in a report that they know or should have known is inaccurate. The law also allows consumers to dispute inaccurate information directly with the background checking company and requires them to investigate the dispute within 30 days.
  • California Labor Code §1050: This law prohibits employers from discriminating against employees who have had their criminal records expunged or dismissed. If an employer takes adverse action against an employee based on their criminal record, the employee may have a claim for discrimination.

These state laws provide important protections for California consumers who have suffered harm due to inaccurate background check reports. Consumers who believe they have been the victim of an inaccurate background check report should consult with a background check lawyer who specializes in consumer protection law. If a background check company violates these laws, you may be able to recover damages, including statutory damages and attorney fees.

What to Do If You See Something Inaccurate on a Background Check

If you find something inaccurate on your background check, there are several steps you can take. There are several items of information that could be wrong. Your name, birth date, or address could be wrong. More importantly, though, there could be crimes that you were not convicted of or crimes that were expunged and thus should not be appearing on your background check.

It’s important to document any inaccuracies you find on your background check. Keep copies of any correspondence you have with the background checking agency and any documentation that supports your claim. This documentation can be valuable evidence if you need to take legal action.

If you see something inaccurate on a background check, there are several steps you can take to correct the error:

  • Contact the background checking company: If you believe that the information in your background check report is inaccurate, you should contact the agency that generated the report. You can dispute the inaccurate information directly with the agency and request that they correct the error.
  • Provide supporting documentation: When disputing inaccurate information, it is important to provide supporting documentation to prove that the information is incorrect. For example, if the background check report shows a criminal conviction that has been expunged, you should provide documentation (such as the expungement order, showing that the conviction has been dismissed.
  • Follow up with the background checking agency: Once you have disputed the inaccurate information, the consumer reporting agency has a legal obligation to investigate the dispute and correct any errors within a reasonable time frame. Follow up with the agency to ensure that they have taken action to correct the error.
  • Consult with a background check lawyer: If you have suffered damages as a result of an inaccurate background check report, you may want to consult with an attorney who specializes in consumer protection law. An attorney can help you understand your legal rights and options for seeking damages.
    The important thing is to take action if you discover inaccuracies in your background check report, as these errors can have serious consequences for your employment prospects, housing opportunities, and more. By taking the steps outlined above, you can work to correct any errors and protect your rights under the law.

Contact a Background Check Lawyer Today

Don’t let an inaccurate background check hurt your future. Contact a seasoned background check lawyer from Barthel Legal for guidance today.

Website Designed & Managed by