Lost Your Job Due to a Checkr Background Check Error? Get Legal Help Now!

Background checks have become a crucial part of the hiring process, helping employers make informed decisions about potential candidates. Among the many companies that offer background check services, Checkr stands out for its technology-driven approach. This blog will explore Checkr, its legal standing, how it conducts background checks, the information it includes, and what to do if you encounter errors in your Checkr background check report.

About Checkr, Inc.

Checkr, Inc. is a corporation founded in 2014, that specializes in providing background checks and workforce monitoring services to employers. Unlike traditional background check companies that rely heavily on manual processes, Checkr uses artificial intelligence and machine learning to automate and streamline the background check process. The company is headquartered in San Francisco, California, and has quickly become a leader in the background screening industry.

Checkr’s platform is designed to be user-friendly for both employers and candidates. Employers can easily integrate Checkr into their hiring systems, while candidates can track the progress of their background checks through a transparent and accessible portal. This focus on technology and user experience has made Checkr a popular choice for businesses of all sizes, particularly those in fast-paced industries like the gig economy.

What is Checkr Under the Law?

Under the law, Checkr is considered a Consumer Reporting Agency (CRA). This means that Checkr is responsible for collecting and providing information about individuals to employers or other authorized parties. As a CRA, Checkr is subject to the Fair Credit Reporting Act (FCRA), a federal law that governs how background checks must be conducted in the United States.

The FCRA imposes strict guidelines on CRAs like Checkr, requiring them to ensure “maximum possible accuracy” and privacy of the information they provide. It also gives individuals the right to dispute any incorrect information in their background checks and to take legal action if their rights are violated.

How does Checkr Conduct Background Checks?

Checkr conducts background checks by collecting information from various sources, including public records, court databases, and credit reporting agencies. The process typically involves several steps:

1. Identity Verification: The first step in a background check is to verify the identity of the individual being screened. This includes confirming the person’s name, date of birth, and Social Security number.
2. Criminal Record Search: Checkr searches national, state, and county databases to find any criminal records associated with the individual. This can include arrests, convictions, and other legal issues.
3. Employment Verification: Checkr verifies the individual’s employment history by contacting previous employers and checking the accuracy of the information provided by the candidate.
4. Education Verification: If required, Checkr also verifies the individual’s educational background, including degrees earned and institutions attended.
5. Credit Check: For certain positions, particularly those involving financial responsibilities, Checkr may conduct a credit check to assess the individual’s financial stability.
6. Driving Records: If the job requires driving, Checkr may check the individual’s driving history, including any violations or accidents.

How Long Does a Checkr Background Check Take?

The time it takes for a Checkr background check to be completed can vary depending on several factors, including the complexity of the check and the availability of records. On average, a Checkr background check takes about 3-5 business days to complete. However, some checks may be completed in as little as 24 hours, while others may take longer, particularly if there are delays in obtaining records from certain jurisdictions.

Checkr’s alleges that its platform allows candidates to track the progress of their background checks in real-time, so they can stay informed about the status of their screening.

What Information Does Checkr Include in its Background Checks?

Checkr’s background checks can include a wide range of information, depending on the requirements of the employer. Some of the most common types of information included in a Checkr background check are:

1. Personal Identification Information: This includes the individual’s name, date of birth, Social Security number, and address history.
2. Criminal Records: This includes information about any arrests, convictions, and other criminal activities found in national, state, and county databases.
3. Employment History: Checkr verifies the individual’s past employment, including job titles, dates of employment, and reasons for leaving previous jobs.
4. Education History: This includes verification of degrees earned, schools attended, and dates of attendance.
5. Credit Reports: For positions that require financial responsibility, Checkr may include information about the individual’s credit history, including credit scores, outstanding debts, and payment history.
6. Driving Records: For jobs that involve driving, Checkr may include information about the individual’s driving history, including any traffic violations, accidents, and license status.
7. Sex Offender Registry: Checkr may also search the National Sex Offender Registry to check if the individual is listed.

The specific information included in a background check will depend on the needs of the employer and the nature of the job being applied for.

Checkr: Criminal Background Check

One of the most critical components of a Checkr background check is the criminal background check. Employers often require criminal background checks to ensure that potential hires do not have a history of criminal behavior that could pose a risk to the company or its customers.

Checkr’s criminal background checks are thorough and cover multiple jurisdictions, including:

1. National Criminal Database: This is a comprehensive search of criminal records from across the country, including federal, state, and county databases.
2. County Criminal Records: Checkr searches county-level records in jurisdictions where the individual has lived, worked, or studied. This can provide more detailed information about any criminal activity that may not be included in national databases.
3. Federal Criminal Records: For certain positions, Checkr may also search federal criminal records, which include offenses such as fraud, embezzlement, and other crimes that violate federal law.
4. Sex Offender Registry: Checkr checks the National Sex Offender Registry to see if the individual is listed.
5. Global Watchlist: For positions that may involve international work or travel, Checkr can also search global watchlists to ensure the individual is not on any international sanctions or terrorism lists.

It’s important to note that not all criminal records are automatically disqualifying. Many employers consider the nature of the offense, how long ago it occurred, and whether it is relevant to the job in question.

Checkr Background Checks for Employment

Checkr’s background checks are widely used by employers across various industries to screen potential employees. These checks help employers verify that candidates have the qualifications they claim and do not pose a risk to the company or its customers.

Industries Using Checkr Background Checks:

1. Gig Economy: Companies like Uber, Lyft, and DoorDash use Checkr to screen drivers and delivery workers. These checks are crucial to ensuring the safety of passengers and customers.
2. Retail: Retailers often use Checkr to screen employees who will have access to sensitive information, handle cash, or interact with customers.
3. Healthcare: Healthcare providers use Checkr to ensure that their employees do not have criminal records that could jeopardize patient safety.
4. Financial Services: Banks and financial institutions use Checkr to verify the financial history of potential hires and ensure they are trustworthy.
5. Education: Schools and educational institutions use Checkr to screen teachers, staff, and volunteers to ensure the safety of students.

What Are Your Rights During a Background Check?

As a candidate undergoing a background check, you have specific rights that are protected under federal law. Understanding these rights can help you navigate the background check process and ensure that your information is handled fairly.

Key Rights During a Background Check:

1. Right to Consent: Before an employer can conduct a background check, they must obtain your written consent. You have the right to refuse the background check, but this may impact your job application.
2. Right to Know: You have the right to know if an employer plans to use information from a background check to make a decision about your employment. If the employer plans to take adverse action based on the background check (such as not hiring you), they must provide you with a copy of the report and a summary of your rights under the FCRA.
3. Right to Dispute: If you find any incorrect information in your background check report, you have the right to dispute it. The CRA (in this case, Checkr) is required to investigate and correct any inaccuracies.
4. Right to a Free Report: You have the right to request a free copy of your background check report once a year from the CRA that conducted the check.
5. Right to Privacy: Background check companies like Checkr must protect your personal information and only share it with authorized parties.

These rights are designed to ensure that you are treated fairly during the background check process and that your information is accurate and secure.

Your Rights Under the FCRA

The Fair Credit Reporting Act (FCRA) is a federal law designed to protect consumers by regulating the collection, dissemination, and use of consumer information, including background check reports. Here are the key rights you have under the FCRA:

1. Right to Accuracy: The FCRA requires that background check companies like Checkr ensure the accuracy of the information they report. If any part of your report is inaccurate or misleading, you have the right to dispute it, and the reporting agency must investigate and correct any errors.
2. Right to Notification: If an employer intends to take adverse action against you based on information in your background check, they must notify you before doing so. This gives you an opportunity to review the report and dispute any incorrect information.
3. Right to Disclosure: You have the right to request a copy of your background check report from the agency that prepared it. The agency is required to provide you with this information, along with a summary of your rights under the FCRA.
4. Right to Dispute Inaccuracies: If you find errors in your background check, you have the right to dispute the information. The reporting agency must investigate your dispute, usually within 30 days, and correct any inaccuracies.
5. Right to Limit Access: The FCRA limits who can access your background check report. Only those with a legitimate reason, such as potential employers, landlords, or creditors, can view your report.
6. Right to Damages: If your rights under the FCRA are violated, you may be entitled to damages. This includes compensation for any financial losses you suffered as a result of incorrect information on your report, as well as possible punitive damages.

Understanding these rights is crucial for protecting yourself during the background check process and ensuring that your information is handled correctly.

Which Companies Use Checkr for Background Checks?

Checkr is widely used by companies across various industries due to its efficiency, accuracy, and compliance with legal standards. Some of the major industries and companies that use Checkr for background checks include:

1. Gig Economy: Companies like Uber, Lyft, DoorDash, and Instacart rely on Checkr to screen their drivers and delivery personnel. These companies need to ensure the safety and reliability of their workforce, making background checks essential.
2. Retail: Large retail chains such as Walmart and Target use Checkr to vet their employees, particularly those who handle cash, manage inventory, or interact with customers.
3. Healthcare: Hospitals, clinics, and other healthcare providers use Checkr to screen doctors, nurses, and support staff. Ensuring that healthcare workers have clean records is critical for patient safety.
4. Financial Services: Banks, credit unions, and financial advisory firms use Checkr to check the backgrounds of employees who will be handling sensitive financial information or making financial decisions.
5. Education: Schools, colleges, and universities use Checkr to conduct background checks on teachers, administrative staff, and volunteers to ensure the safety of students.
6. Hospitality: Hotels, resorts, and restaurants use Checkr to vet employees, particularly those who will have access to guest rooms, personal information, or payment systems.

These companies and industries rely on Checkr to provide fast, accurate, and legally compliant background checks, helping them make informed hiring decisions. This is why the standard of maximum possible accuracy on Checkr background checks must be upheld.

Can Checkr’s Background Checks Contain Errors?

Yes, like any system that processes large amounts of data, Checkr’s background checks can sometimes contain errors. These errors can range from minor inaccuracies to significant mistakes that could impact your employment prospects. Understanding the potential for errors and knowing how to address them is important.

What Causes Errors in Background Checks?

Several factors can contribute to errors in background checks, including:

1. Data Entry Mistakes: Errors can occur during data entry, leading to incorrect information being recorded. This might include misspellings, incorrect dates, or mismatched information.
2. Outdated Information: Background check databases may not always be updated in real-time, meaning that outdated information can sometimes appear in a report. For example, a past conviction that was expunged may still show up if the records haven’t been updated.
3. Mismatched Records: Sometimes, records from different individuals can be mistakenly combined if they have similar names, birthdates, or other identifying information. This can result in one person’s criminal record or credit history appearing on another person’s background check.
4. Incomplete Information: In some cases, background checks may be incomplete, leaving out important details that could clarify a situation. For instance, a report might list an arrest without noting that charges were dropped or that the individual was acquitted.
5. Human Error: Despite the use of technology, human error can still occur at various stages of the background check process, from data collection to report generation.

These errors, though not common, can have serious consequences, especially when they lead to missed job opportunities or other negative outcomes.

Main Types of Error

Errors in background checks generally fall into the following categories:

1. Criminal Record Errors: These include incorrect information about arrests, convictions, or other legal matters. For example, a criminal record may be incorrectly attributed to you, or an outdated record may still appear on your report.
2. Identity Errors: These occur when your information is mixed up with someone else’s. This can happen if you share a similar name, birthdate, or Social Security number with another person.
3. Credit Report Errors: These include inaccuracies in your financial history, such as incorrect debt amounts, payment histories, or accounts that don’t belong to you.
4. Employment History Errors: These involve incorrect details about your past employment, such as wrong job titles, dates of employment, or reasons for leaving a job.
5. Education Verification Errors: These occur when information about your educational background is incorrect, such as the degree you earned or the institution you attended.

Identifying and correcting these errors is essential to ensuring that your background check accurately reflects your history and qualifications.

How Common Are Errors in Checkr Background Checks?

While errors in Checkr background checks are not extremely common, they do happen. The frequency of errors can vary depending on the type of check being conducted, the sources of information, and the accuracy of the data. According to some studies, errors in background checks can occur in about 10% to 30% of cases, though the majority of these errors are minor and easily corrected.

It’s important to be aware that even a small error in your background check can have significant consequences, especially if it leads to the loss of a job opportunity or other adverse actions. If you suspect that your Checkr background check contains errors, it’s crucial to take action to correct them as soon as possible.

What Are the Consequences of Having Errors in Your Background Check Report?

Errors in your background check report can have a range of negative consequences, including:

1. Missed Job Opportunities: One of the most significant consequences of errors in a background check is the potential loss of a job offer. Employers may rescind job offers or refuse to hire candidates if their background check reveals issues, even if those issues are the result of errors.
2. Damage to Reputation: Errors in your background check, particularly those related to criminal records or credit history, can damage your personal and professional reputation. This can affect your ability to secure future employment, housing, or credit.
3. Emotional Distress: Dealing with errors in a background check can be stressful and frustrating, especially if you’re facing financial difficulties or other challenges as a result. The process of correcting errors can also be time-consuming and emotionally draining.
4. Legal and Financial Consequences: In some cases, errors in a background check can lead to legal or financial problems, such as being denied credit, housing, or other services. This can have long-term impacts on your financial stability and quality of life.
5. Delays in Employment: Even if an error is eventually corrected, the process can cause delays in your hiring process, potentially leading to lost wages or missed opportunities.

Given these potential consequences, it’s essential to take proactive steps to ensure the accuracy of your background check and to address any errors promptly.

Contact Checkr to Correct Errors in Your Background Report

If you find errors in your Checkr background check report, the first step is to contact Checkr directly to dispute the inaccuracies. Here’s how you can do that:

1. Submit a Dispute: You can submit a dispute to Checkr through their online portal or by contacting their customer support team. Be sure to provide detailed information about the error and any supporting documentation that can help verify your claim.
2. Provide Documentation: When disputing an error, it’s important to provide any documentation that supports your claim. This could include court records, credit reports, employment verification letters, or other official documents.
3. Request an Investigation: Once you’ve submitted your dispute, Checkr is required by law to investigate the issue. They must complete the investigation within 30 days and notify you of the results.
4. Follow Up: If the error is not corrected or if you do not receive a response within the required time frame, follow up with Checkr to ensure that your dispute is being addressed.
5. Get a Corrected Report: If the investigation confirms that there was an error, Checkr is required to correct the information and provide you with an updated report.

Taking these steps can help ensure that your background check report is accurate and that any errors are promptly corrected.

What to Do if You Don’t Get Answers to Your Background Report Questions

If you’ve contacted Checkr to dispute an error in your background check report but haven’t received satisfactory answers, there are additional steps you can take:

1. Escalate the Dispute: If your initial dispute doesn’t yield the desired results, consider escalating the issue within Checkr. Ask to speak with a supervisor or request further clarification on the investigation process.
2. File a Complaint with the CFPB: If you’re still not getting a resolution, you can file a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB oversees consumer reporting agencies like Checkr and can help facilitate the resolution of disputes.
3. Consult Legal Counsel: If the issue remains unresolved and is significantly impacting your employment opportunities or other aspects of your life, you may want to consult with an attorney who specializes in consumer protection law. They can advise you on your rights and help you take legal action if necessary.
4. Contact the Employer: If the error in your background check has led to a job offer being rescinded or other adverse employment actions, consider contacting the employer directly. Explain the situation and provide any documentation that supports your case. Some employers may be willing to reconsider their decision if they are made aware of the error.
5. Keep Records: Throughout the dispute process, keep detailed records of all communications with Checkr, the CFPB, and any other involved parties. This documentation can be crucial if you need to take further action.

Taking these steps can help ensure that your background check report is corrected and that your rights are protected.

You Can Sue Checkr if Your Report Has Errors

If errors in your Checkr background check report have caused you significant harm—such as losing a job opportunity, being denied credit, or suffering damage to your reputation—you may have the right to sue Checkr under the Fair Credit Reporting Act (FCRA) and they will be required to cover your attorney’s fees.

Here’s what you need to know about pursuing legal action against Checkr:

1. Grounds for a Lawsuit: Under the FCRA, you can sue a Consumer Reporting Agency (CRA) like Checkr if they fail to comply with the law’s requirements. This includes failing to ensure the accuracy of your report, not investigating disputes properly, or not providing required disclosures.

2. Damages You Can Claim: If you sue Checkr, you may be entitled to several types of damages, including:
   • Actual Damages: Compensation for any financial losses you suffered due to the error in your background check. This could include lost wages, lost job opportunities, or costs incurred in correcting the error.
   • Statutory Damages: Even if you don’t have specific financial losses, you may still be entitled to statutory damages of $100 to $1,000 per violation.
   • Punitive Damages: In cases where Checkr’s actions are found to be particularly reckless or willful, you may be awarded punitive damages to punish the company and deter future violations.
   • Attorney’s Fees: If you win your case, Checkr may be required to pay your legal fees and court costs.
     
3. The Legal Process: To sue Checkr, you will need to file a lawsuit in either state or federal court. It’s advisable to work with an attorney who specializes in FCRA cases to guide you through the process.

4. Settlements: In many cases, companies like Checkr may prefer to settle the lawsuit out of court rather than go to trial. A settlement can provide you with compensation more quickly, but it’s important to discuss the terms with your attorney to ensure it’s a fair offer.

5. Time Limits: The FCRA has a statute of limitations, meaning you have a limited time to file a lawsuit. Generally, you must file within two years of discovering the error or within five years of the date the violation occurred, whichever comes first.

Filing a lawsuit is a serious step, but it can be necessary to hold Checkr accountable and secure compensation for the harm you’ve experienced.

Who Can Help You Correct Errors on a Checkr Background Check Report?

If you’re dealing with errors on your Checkr background check report, there are several resources and professionals who can help you navigate the dispute process and ensure that your rights are protected:

1. Consumer Protection Attorneys: Lawyers who specialize in consumer protection law, particularly those familiar with the FCRA, can provide valuable guidance and representation. They can help you understand your rights, file disputes, and take legal action if necessary.
2. Legal Aid Organizations: If you can’t afford to hire a private attorney, legal aid organizations may be able to assist you. These organizations offer free or low-cost legal services to individuals who need help with consumer rights issues, including background check disputes.
3. Nonprofit Consumer Advocacy Groups: Organizations like the National Consumer Law Center (NCLC) and the Consumer Federation of America (CFA) provide resources and advocacy for consumers dealing with issues related to background checks and other credit reporting matters. They can offer guidance on how to dispute errors and protect your rights.
4. Federal Agencies: The Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) are federal agencies that oversee consumer reporting agencies and enforce the FCRA. They provide resources and can assist with filing complaints against companies like Checkr.
5. Your State Attorney General’s Office: Some state attorney generals have consumer protection divisions that can help you address issues with background checks. They may also be able to take action against companies that violate consumer protection laws.
6. Online Resources: There are many online resources available that provide information on how to dispute background check errors, understand your rights under the FCRA, and navigate the legal process if necessary. Websites like the FTC’s Consumer Information page and the CFPB’s website are good places to start.

By seeking help from these resources, you can take proactive steps to correct any errors in your Checkr background check report and ensure that your information is accurate and fair.

A background check is a critical part of the hiring process, and companies like Checkr play a significant role in how this information is collected and used. While Checkr’s technology-driven approach offers many benefits, such as speed and efficiency, it’s essential to be aware of your rights and the potential for errors in your report.

Understanding how Checkr conducts background checks, what information is included, and what to do if you encounter errors can help you navigate the process with confidence. If you find inaccuracies in your report, taking swift action to dispute them and seek help from the appropriate resources can make all the difference in protecting your employment opportunities and your reputation.

By staying informed and proactive, you can ensure that your background check is accurate and that your rights are upheld throughout the process. Whether you need to correct an error or pursue legal action, there are resources and professionals available to assist you every step of the way.

Conclusion: Sanders Law Group Can Help

Navigating the complexities of background check errors can be daunting, but you don’t have to face this challenge alone. At Sanders Law Group, our experienced attorneys are dedicated to fighting for your rights and ensuring that your background check report is accurate and error-free. With over $13 million in settlements recovered, our track record speaks for itself.

At Sanders Law Group, we understand the significant impact that background check errors can have on your career and personal life. That’s why we offer our services at no cost to you. Our Google 5-star rated and BBB A+ rated lawyers can fix background reports and seek compensation for damages caused by these errors. If your employment or other opportunities have been adversely affected due to inaccuracies in your background check, we will work tirelessly to correct these mistakes and recover the damages you deserve.

We believe in transparency and client satisfaction, which is why we provide a free instant case review. Let us take the burden off your shoulders and ensure that your background check reflects your true history. If you’ve been denied a job or housing due to an inaccurate background check, contact Sanders Law Group today to get started on getting you compensation for inaccurate background checks and reclaim your future.

We’ll Sue For Damages & We Fix Your Report, At No Out-of-Pocket Cost to You. 

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Don’t let background check errors stand in the way of your success. Trust Sanders Law Group to provide the knowledge and dedication needed to clean up your background check report and protect your rights. With our experienced team by your side, you can confidently move forward, knowing that your background is accurately represented and your future is secure.