About LexisNexis Risk Solutions
LexisNexis is a global leader in providing information services, specializing in legal, regulatory, and business information and analytics. Founded with a focus on legal research, the company has expanded its offerings to include a wide range of data-driven solutions, including background checks. LexisNexis compiles vast amounts of public records, credit information, and criminal data to offer comprehensive background checks for businesses, individuals, and organizations.
What is LexisNexis Under the Law?
LexisNexis is considered a Consumer Reporting Agency (CRA) under the Fair Credit Reporting Act (FCRA) in the U.S. This means that LexisNexis is legally required to handle personal information responsibly and must comply with regulations governing the collection, dissemination, and use of this data.
As a CRA, LexisNexis must provide maximum possible accuracy in its consumer and background reports. They also have an obligation to notify individuals if adverse actions (such as employment denial) are based on the data they provided. This legal framework ensures that LexisNexis operates transparently and that individuals are aware of the information being reported about them.
What Information Does LexisNexis Include in Its Background Checks?
LexisNexis background checks typically include a wide range of information, such as:
- Criminal Records: LexisNexis searches national, state, and local criminal databases to check for any past convictions or charges.
- Employment Verification: Past job titles, dates of employment, and reasons for leaving are verified to ensure accuracy.
- Educational Verification: The individual’s academic history is confirmed by contacting educational institutions.
- Credit Reports: Financial data, such as credit scores and debt information, can be included if relevant to the job or request.
- Public Records: LexisNexis compiles information from public sources such as property records, lawsuits, bankruptcy filings, and more.
- Social Media & Web Presence: In some cases, LexisNexis may include a search of publicly available social media profiles and online presence.
The variety of data included makes these background checks comprehensive and useful for a wide range of purposes, from employment to financial lending. In most cases, LexisNexis aims to provide background checks within 3 to 5 business days. However, more complex cases may take up to a few weeks.
LexisNexis: Criminal Background Check
One of the key services provided by LexisNexis is the criminal background check. This service includes searches of multiple criminal databases at the local, state, and federal levels to provide a complete view of an individual’s criminal history. The LexisNexis criminal background check looks at:
- Felony and Misdemeanor Convictions: Includes major and minor offenses that may impact an individual’s suitability for employment or other purposes.
- Pending Charges: Any ongoing criminal cases or investigations.
- Sex Offender Registry: LexisNexis checks national databases for any registered sex offenders.
- Traffic Violations: For positions where driving is relevant, LexisNexis can include serious driving offenses such as DUIs.
These criminal background checks help employers assess potential risks and make informed hiring decisions.
LexisNexis Background Checks for Employment
LexisNexis provides tailored background check solutions for employers looking to verify the credentials and suitability of job candidates. These background checks typically include:
- Employment History Verification: Confirming that the candidate has worked at the places and for the duration stated on their resume.
- Criminal Background Check: Ensuring that the individual does not have any disqualifying criminal history that could affect their role.
- Drug Screening: LexisNexis can include drug test results in their reports to ensure workplace safety.
- Educational Credentials: Verifying that the job applicant holds the degrees or certifications required for the job.
Many industries, including finance, healthcare, and government, rely on LexisNexis to perform these background checks as part of their hiring process.
What Are Your Rights During a Background Check?
As a consumer, you have several rights when undergoing a background check, especially when LexisNexis or any other CRA is involved:
- Right to Disclosure: You have the right to know if an employer or any organization is requesting a background check on you.
- Right to Consent: You must provide your explicit consent before a background check can be conducted.
- Right to Review: You are entitled to receive a copy of your background check report if it contains information that has negatively affected a decision, such as not getting hired.
- Right to Dispute: If you believe that the background check contains incorrect or incomplete information, you have the right to dispute it and have it corrected.
These rights ensure that the process is fair and transparent, protecting individuals from unfair treatment based on erroneous information.
Your Rights Under the FCRA
The Fair Credit Reporting Act (FCRA) is a U.S. federal law designed to protect consumers in matters involving credit information and background checks. Under the FCRA, you are entitled to:
- Access to Your Report: If a background check results in adverse actions, such as not getting hired, you have the right to access your report.
- Correct Errors: You have the right to dispute any inaccurate or incomplete information in your report and have it corrected within a reasonable time.
- Notification of Adverse Actions: If an employer takes adverse action (like not hiring you) based on the information in the background report, they must inform you, provide a copy of the report, and give you a chance to dispute it.
LexisNexis, like all CRAs, must comply with these laws to ensure fair treatment of consumers.
Which Companies Use LexisNexis for Background Checks?
Many companies and institutions rely on LexisNexis for their background check services. These companies span various industries, including:
- Financial Services: Banks and financial institutions use background checks to assess the credibility and integrity of job applicants.
- Healthcare: Hospitals and medical institutions use LexisNexis to verify the credentials of healthcare professionals and ensure patient safety.
- Retail: Retailers often use background checks to ensure customer safety and prevent potential risks in customer-facing roles.
- Government Agencies: Various government agencies, including law enforcement and public service organizations, rely on LexisNexis for in-depth background screenings.
With a strong reputation for accuracy and thoroughness, LexisNexis serves some of the largest organizations globally.
Can LexisNexis’s Background Checks Contain Errors?
Yes, errors can occur in LexisNexis background checks. These errors might arise due to:
- Inaccurate Data Entry: Mistakes made during the collection or input of data.
- Outdated Information: Failure to update records, leading to old information appearing in the report.
- Verification Issues: Miscommunication or a lack of communication between LexisNexis and third-party sources can lead to inaccurate verification of details such as employment history or education.
While LexisNexis strives for accuracy, errors do happen and can have serious implications.
What Causes Errors in Background Checks?
Errors in LexisNexis background checks are often caused by:
- Human Error: Mistakes made when inputting data can result in incorrect information appearing in the report.
- Inaccurate Public Records: If public records contain errors or are not updated regularly, the background check will reflect this.
- Mismatched Data: When different databases have conflicting or inconsistent information, it can result in inaccuracies in the final report.
These causes highlight the importance of careful data management and verification to ensure accurate background reports.
Main Types of Error
The most common types of errors in LexisNexis background checks include:
- Criminal Record Errors: Incorrect or outdated criminal records showing up on reports.
- Employment Verification Errors: Incorrect details about a candidate’s previous jobs, such as wrong dates of employment or incorrect job titles.
- Educational Errors: Misreporting an individual’s academic history, such as showing an incorrect degree or school from which they graduated.
- Mismatched Identity: This happens when someone else’s records are mistakenly associated with your report due to similar names, Social Security numbers, or other identifying details.
These errors can cause significant damage to an individual’s reputation, particularly when the errors involve criminal records or important employment details.
How Common Are Errors in LexisNexis Background Checks?
Errors in LexisNexis background checks, while not extremely common, do occur. As LexisNexis handles vast amounts of data from a variety of sources, discrepancies are possible. According to studies and consumer reports, errors in background checks can occur in up to 1 in 5 cases. This highlights the importance of thoroughly reviewing your background check report, especially if you’re applying for a job, housing, or a loan.
Errors are more common when:
- The background check involves outdated public records.
- There are identity mismatches due to similar names or details.
- There’s a failure to update or verify employment or educational information.
Despite LexisNexis’ efforts to ensure accuracy, the sheer volume of data they handle makes occasional errors inevitable.
What Are the Consequences of Having Errors in Your Background Check Report?
Errors in your LexisNexis background check report can have serious consequences:
- Employment Issues: If your background check shows incorrect criminal history or false information about your employment or education, it could lead to losing a job opportunity or getting fired from your current role.
- Financial Setbacks: Errors in credit information could negatively impact loan applications, credit card approvals, or even rental agreements.
- Reputational Damage: Inaccurate or incomplete background checks can harm your reputation, making it difficult to secure future employment or financial opportunities.
The consequences of errors can be significant, which is why it’s crucial to ensure that the information in your background check report is accurate and up-to-date.
Contact LexisNexis to Correct Errors in Your Background Report
If you discover errors in your LexisNexis background check, you have the right to have those errors corrected. Here’s how you can contact LexisNexis to dispute inaccurate information:
- Get a Copy of Your Report: Request a copy of your background check from LexisNexis if you suspect there is an error.
- File a Dispute: Contact LexisNexis’ consumer care team to file a dispute. They are legally required to investigate your claims and correct any inaccuracies they find.
- Provide Supporting Documents: When filing a dispute, it’s important to provide documentation that supports your claims, such as court records, employment verification, or identification.
- Follow-Up: If LexisNexis does not respond in a timely manner, you can follow up or escalate your claim to ensure it is handled properly.
LexisNexis must resolve disputes within 30 days and provide you with an updated report reflecting any corrections made.
What to Do If You Don’t Get Answers to Your Background Report Questions
If you don’t receive satisfactory responses from LexisNexis after filing a dispute, you have other options:
- Escalate the Dispute: Continue to communicate with LexisNexis’ dispute resolution team. Sometimes, issues may take longer than expected to resolve, so staying persistent is key.
- Contact the Consumer Financial Protection Bureau (CFPB): If LexisNexis fails to address your concerns, you can file a complaint with the CFPB. They oversee issues related to credit reporting agencies and background check companies.
- Legal Action: In cases where your dispute is not resolved, or if you experience significant harm due to the error, you may want to consult with an attorney to explore your legal options.
Taking these steps will help ensure that your background report is accurate and that your rights are respected throughout the process.
You Can Sue LexisNexis if Your Report Has Errors
If LexisNexis fails to correct errors in your background check report, or if the errors cause harm such as a job loss or financial loss, you may have the right to sue them under the Fair Credit Reporting Act (FCRA). Under this law, LexisNexis is responsible for:
- Ensuring the accuracy of the information in your background report.
- Correcting any errors within 30 days of your dispute.
- Informing you if your background check leads to adverse actions, such as not being hired for a job.
If LexisNexis violates these requirements, you may be entitled to compensation, including actual damages, statutory damages, and punitive damages. Additionally, the FCRA allows you to recover attorney fees if you successfully sue a background check company for failing to comply with the law.
Who Can Help You Correct Errors on a LexisNexis Background Check Report?
If you find yourself facing issues with a LexisNexis background check, various resources and professionals can assist you in correcting any errors:
- LexisNexis Consumer Assistance: Start by contacting LexisNexis’ customer service department to dispute any inaccuracies.
- Contact an Attorney: Consumer protection attorneys are helpful in cases related to background check errors. They can guide you through the dispute process, represent you in court, and help you claim damages if necessary.
- Non-Profit Organizations: There are organizations like the National Consumer Law Center (NCLC) and other advocacy groups that help individuals challenge inaccuracies in their reports.
- State and Federal Agencies: Agencies like the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) can also provide guidance and support.
By reaching out to these resources, you can increase your chances of successfully correcting errors and ensuring that your background check report is accurate.
LexisNexis background checks are widely used by employers, financial institutions, and government agencies to make important decisions about individuals. While the reports aim to be accurate and comprehensive, errors can occur, and these mistakes can have serious consequences.
Understanding your rights under the Fair Credit Reporting Act (FCRA) is essential when dealing with background checks. If you encounter errors in your LexisNexis report, it’s important to act quickly to correct them by filing a dispute. If necessary, you can escalate the issue to regulatory authorities or take legal action.
In an era where background checks are a critical part of the hiring and financial approval process, ensuring the accuracy of your report is more important than ever. By knowing how LexisNexis conducts its background checks and what your rights are, you can protect yourself from the negative impact of errors and ensure that your background report reflects the truth.
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