MODULE 10: UNDERSTANDING BACKGROUND SCREENING REPORTS 102
When you apply for a job, the
employer may, with your consent,
request a background screening
report on you.
A background screening report, also known as
a background check, can include information
from public records, including criminal records.
If you have been arrested or convicted, you
likely have a criminal record or RAP (Record of
Arrests and Prosecutions).
So that you know what a potential employer may
see about you, it's a good idea to request your
own background screening report and check it
for errors. However, keep in mind that not every
consumer reporting company has information
on everyone. For a list of several employment
background screening providers see https://
www.consumernance.gov/consumer-tools/
credit-reports-and-scores/consumer-reporting-
companies/companies-list/
Know your rights
Federal law (the Fair Credit Reporting Act)
gives you certain rights and protections when
it comes to the information in your background
screening reports and how employers and
others may use them. State laws may provide
additional protections.
Under federal law, you have the right to receive:
Prior notice: The employer must tell you that it
might use information from the report to make a
decision about your employment.
Prior written consent: The employer must ask
for your written permission before getting the
report (except in the trucking industry where,
under certain circumstances, it also may be
given by oral or electronic means). You are not
required to give permission. However, if you
don’t, the employer may reject your application.
If an employer obtains your background report
without your permission, you can submit
a complaint with the Consumer Financial
Protection Bureau (CFPB) or the Federal Trade
Commission (FTC).
Your own copy and a summary of your rights
before the employer takes any “adverse
action”: The employer must give you a copy of
the report, and a document called “A Summary
of Your Rights under the Fair Credit Reporting
Act” before taking any action - such as not
hiring, retaining or promoting you - because of
something in the report.
Adverse action notice: If you do not get hired,
retained, or promoted because of information in
your background report, the employer must tell
you orally, in writing, or electronically:
§ The name, address, and phone number of
the company that supplied the report
§ That the company that provided the report
didn’t make the decision to take an “adverse
action” and can’t give you the specic
reasons for it
§ That you have the right to dispute the
accuracy or completeness of any information
in the report, and to get an additional free
report from the company that supplied
it, if you request it within 60 days of the
employer’s decision not to hire or retain you
Background screening reports.