How to Prepare for a
Background Check
When you know you are going to be on the job
market, take the following steps to reduce the
chances that you and/or the potential employer
will be "surprised" by information found in the
background check process:
Order a copy of your credit report. If there is
something you do not recognize or that you
disagree with, dispute the information with the
creditor and/or credit bureau before you have to
explain it to the interviewer. Another
individual’s name may appear on your credit
report. This happens when someone mistakenly
writes down the wrong Social Security number on
a credit application causing that name to appear
on your file. Or you might be a victim of
identity theft. (See PRC Fact Sheet 6 on your
credit reporting rights, www.privacyrights.org/fs/fs6-crdt.htm,
and Fact Sheet 17a on identity theft,
www.privacyrights.org/fs/fs17a.htm.)
Check court records. If you have an arrest
record or have been involved in court cases, go
to the county where this took place and inspect
the files. Make sure the information is correct
and up to date.
Reporting agencies often report felony
convictions when the consumer truly believes the
crime was reduced to a misdemeanor, or that it
was reported as a misdemeanor conviction when
the consumer thought the charge was reduced to
an infraction. Court records are not always
updated correctly. For example, a signature that
was needed to reduce the charges might not have
been obtained or recorded by the court. Don’t
rely on what your attorney may have told you. If
you think the conviction was expunged or
dismissed, get a certified copy of your report
from the court.
Check DMV records. Request a copy of your
driving record from the Department of Motor
Vehicles, especially if you are applying for a
job that involves driving.
Many employers ask on their application if you
were ever convicted of a crime. Or they might
word the question to ask whether you have ever
been convicted of a felony or misdemeanor.
Typically, the application says you do not have
to divulge a case that was expunged or
dismissed, or that was a minor traffic
violation.
Don’t be confused. A DUI (driving under the
influence) or DWI (driving while intoxicated)
conviction is not considered a minor traffic
infraction. Applicants with a DUI or DWI who
have not checked "yes" on a job application may
be denied employment for falsifying the form --
even when the incident occurred only once or
happened many years before. The employer
perceives this as dishonesty, even though the
applicant might only have been confused by the
question.
Do your own background check. If you want to see
what an employer’s background check might
uncover, hire a company that specializes in such
reports to conduct one for you. That way, you
can discover if the data bases of information
vendors contain erroneous or misleading
information. (Consult the Yellow Pages under
"Investigators.") Or, you can use one of the
many online search services to find out what an
employer would learn if conducting a background
check in this way.
Ask to see a copy of your personnel file from
your old job. Even if you do not work there
anymore, state law might enable you to see your
file. Under California law, you can access your
file until at least a year from the last date of
employment. And you are allowed to make copies
of documents in your file that have your
signature on them. (California Labor Code §432.)
You may also want to ask if your former employer
has a policy about the release of personnel
records. Many companies limit the amount of
information they disclose.
Read the fine print carefully. When you sign a
job application, you will be asked to sign a
consent form if a background check is conducted.
Read this statement carefully and ask questions
if the authorization statement is not clear.
Unfortunately, jobseekers are in an awkward
position, since refusing to authorize a
background check may jeopardize the chances of
getting the job. They may even ask for a
drug test.
Notice of a background check has to be on a
separate form. The only other information this
form can include is your authorization and
information that identifies you. Neither the
notice of a background check nor any other form
should ask questions like "race," "sex," "full
date of birth," or "maiden name." Such questions
violate the federal Equal Employment Opportunity
laws. And, you should not be asked to sign any
document that waives your right to sue a
screening company or the employer for violations
of the law.
Lawyers information for
accidents listed by state
Tell neighbors and work colleagues, past and
present, that they might be asked to provide
information about you. This helps avoid
suspicion and alerts you to possible problems.
In addition, their prior knowledge gives them
permission to disclose information to the
investigator. Forewarning others speeds up the
process and helps you get the job faster.
Legal information:
California - questions to
ask your attorney
