Looking for a job is difficult. Knowing that a company like ClearChecks or Clear Screening Technologies may run a background check on you can feel creepy. Learn more about ClearChecks and Clear Screening Technologies and your rights under the Fair Credit Reporting Act.
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What is ClearChecks or Clear Screening Technologies?
Clear Screening Technologies, LLC d/b/a ClearChecks was founded in 2017, and it is based in Colorado. The company is an online platform that offers employment background screening services. It offers “Employee Screening in One-Click” and requires no paperwork. ClearChecks’ “product offerings are designed to ensure that your reporting needs are met, whether you are a large corporation, a household employer, or anything in between.”
The company provides a wide variety of screening services to employers, including:
Social security number trace and address history
Sex offender registries search
Motor vehicle and driving records
Employment and education verification
Criminal records search
Watch list and compliance screening
Have questions? Call us now at 844-685-9200 for a Free Case Evaluation.
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Were You Harmed By False Information or Errors In Your ClearChecks Report?
When you’re focused on landing your dream job, issues arising from an employment background check probably aren’t on your radar. Unfortunately, the truth is that the report generated from your background check – whether conducted by ClearChecks or another background check company – can mean the difference between getting that job or being passed over for another candidate.
You should know that the employer is bound by a law called the Fair Credit Reporting Act (FCRA). They’re allowed to use a background check when making a hiring decision, but the employer must abide by the statute’s provisions, which seek to balance the employer’s need to know with your rights. If the employer violates the FCRA, they can be on the receiving end of a lawsuit in federal court.
Just as employers are required to abide by the FCRA, so too are background check companies like ClearChecks. If a background screening company falls short, you have legal recourse.
Under the FCRA, a company like ClearChecks – or any other employment background check company – must obtain at attestation from the employer who uses their services. The attestation must say that the employer is incompliance with the disclosure and consent provisions of the FCRA.
The disclosure provisions encompass two elements. The first is providing the job applicant with a separate notification that they want to run a background check. This information can’t be part of an application or other packet of information. The second occurs after they receive the background report. If they plan to use the information to deny the applicant a job, they must tell the applicant that and provide them with a copy of the background report, a notice of the applicant’s rights under the FCRA, and the contact information for the background check company. The consent provision is straightforward: the employer must obtain the applicant’s consent prior to conducting a background check.
What if I get an adverse action notice from an employer after a background check?
An adverse action notice tells you that an employer may deny you a job based at least in part by information contained in your background check report. If you receive that notice, you should also receive contact information for the company that conducted the background report and your rights under the Fair Credit Reporting Act. Under the FCRA, you are entitled to dispute inaccurate information contained in the report.
Can criminal convictions appear on my background check after 7 years?
The short answer is yes. Both misdemeanor and felony convictions are fair game for an employment background check – virtually forever. The one exception is an expunged convictions. Expunged convictions cannot be included in your background check. Many other types of information – arrest records, civil litigation, debts in collection, and so forth – have a seven-year limit, after which they cannot be included. A bankruptcy has a ten-year inclusion limit.
Can I dispute a false disposition on my background check report?
Absolutely. If your background check includes an error that impacts your ability to get the job in question, you have the right to a copy of the report and you have the right to dispute the report. The background check company has an obligation to investigate your dispute and correct inaccuracies within 30 days.
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Can I sue ClearChecks if my background report includes errors?
If a ClearChecks background check included information not allowed by the FCRA or included inaccurate information that prevented you from landing the job, you may be able to sue the company in federal court. If you win your lawsuit, the FCRA says that you may be entitled to actual damages, statutory damages of up to $1,000, punitive damages, attorney fees, and costs.
Complaints Against ClearChecks
It takes time to land a good job. You deserve to be treated fairly throughout the hiring process. People who haven’t been treated fairly because of mistakes in their employment background checks have sued the companies that produced those reports.
The lawsuits brought under the FCRA sometimes allege that the background check company mixed people up, providing information for someone with a similar or the same name instead of the person applying for the job. Other times, the legal complaints say that the background check company listed information – like expunged convictions or old debts – that are prohibited by law. Sometimes, the allegation revolves around how the company handled – or didn’t handle – a dispute to the background check.
Fired or Not Hired Because of a ClearChecks Background Check? If so, you’re in the right place.
● We have a 15-year track record of helping hardworking people just like you. We have the experience, knowledge, and dedication to get you the best possible results. ● We’ve helped more than 30,000 consumers recover more than $250 million. ● We fight for your rights and restore your reputation. ● We get the compensation you deserve. ● We stand up to powerful companies all of the time. We won’t give up and we won’t give in. ● Our representation doesn’t cost you a penny out of pocket. You pay nothing until we win.
Our mission is to fight for your rights. ✊
If you’re ready to assert your rights and fight incorrect information in your background check, we can help you get justice. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW.
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About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.