When you apply for a job or submit a request to take out a line of credit, you may not be surprised to find that a background check will be conducted. However, it’s important to understand that entities that run background screenings have a number of important rules they must adhere to during this process. As such, familiarizing yourself with your rights in these matters is critical to ensure companies do not take advantage of you. The following blog explores the rules and regulations in place regarding background checks and the importance of working with a San Diego County background check lawyer to assist you through these difficult times.
When are Background Checks Conducted?
Generally, it’s important to understand when background checks are conducted on certain individuals. Typically, these are primarily used for employment purposes and screening for landlords. Generally, when you apply for a job or housing, the employer or landlord will conduct a background check. This not only helps to inform them of your identity, but it also allows them to see your work history, criminal record, and credit information. By having this information, you’ll find that employers can make more informed decisions when choosing to hire someone, and a landlord can ensure you would be a good tenant.
In many instances, background checks are standard. However, it’s important to understand that you have several rights if you are subject to a background screening for any purpose. Typically, your rights as a consumer, including your rights regarding background checks, are protected by the Fair Credit Reporting Act (FCRA).
What Rules Must Those Conducting Checks Adhere to?
One of the most important rights you are granted as a consumer is that anyone who wishes to conduct a background check on you must have a “permissible purpose.” Essentially, this means that the person ordering the check must have a valid reason to do so. This helps protect consumers from corporations and individuals from accessing their personal, sensitive information unless they are legally allowed to do so. Typical reasons to run a check on someone are to determine if a job candidate is a good fit, to make a credit decision, or for underwriting insurance.
You should also note that an employer generally must obtain your consent before running a background check on you. In many instances, if the employer decides not to pursue a candidate because of information on their credit report, they are required to inform the applicant about the information that impacted their decision.
You should also note that you have a right to request a description of the investigation which must be provided within five days of the request.
If you encounter any errors with your background check, whether that be regarding the information on the report or an unauthorized party accessing the information, you should connect with an experienced attorney as soon as possible. At Barthel Legal, we understand how difficult these matters can be to navigate. As such, we will take the necessary steps to protect your best interest and rights as a consumer. Connect with us today to learn how we can fight for you.
