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Unfair Employment Background Checks: Know Your Rights
CrimCheck or CrimCheck.com Inc is one of numerous employment background check agencies you’re likely to face during your job search. Find out who they are, what they do, and what rights you have under the Fair Credit Reporting Act (FCRA)
What is CrimCheck?
CrimCheck.com, Inc. d/b/a CrimCheck was founded in 1991, and is based in Ohio. The company offers employment background screening services. The company describes itself as an organization committed to protecting company “brands” by “providing expert, comprehensive and legally compliant background checks.” It boasts that “over 12,000 companies have trusted the Crimcheck.com experts since 1991 to deliver customized screening solutions and award winning service.”
CrimCheck provides virtually every type of screening and background check by using the applicant’s name, birth date and social security number including:
Sex offender registry
County, state, national, and federal criminal checks
County and federal civil checks
Global Watchlist Search
National and international employment and education checks
Personal and professional references
Social Security number tracing
They also offer new hire and post-employment screening and consulting. This includes identity and immigration status verifications, employee audits and monitoring, random drug testing, and risk and compliance checks. The company is accredited by the National Association of Professional Background Screeners (NAPBS).
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Were You Harmed By False Information or Errors In Your CrimCheck Report?
Whether you get hired or promoted often depends on the information learned from an employment background check. A background check can come in many shapes and sizes. It may be as simple as verifying your social security number. Or it may include a detailed report of your credit and criminal history, or even information gathered from interviews of your friends and neighbors about your character and reputation.
Whatever the scope of the background check, the FCRA sets strict standards for how employers and background check companies get consent for and conduct background checks, and what they can do with the information they find.
If a background check company like CrimCheck fails to meet those standards, the FCRA gives you rights.
Background checks are susceptible to errors. Individuals who handle public and private data about you can make mistakes and computer systems can also fail to to be accurate. Here are some of the most common causes for inaccurate info showing on your report:
Wrong or incomplete data in original documents
Typos such as number transposition
Copying, filing, and search mistakes
File corruption in computer system
Outdated negative information
What are my Background Check Disclosure and Consent Rights?
You have a right to know if an employer will use information from a background check against you and an employer cannot obtain background check information without your express written consent.
A background check company cannot hand over your information to an employer unless the employer certifies that: (1) it has “clearly and conspicuously” disclosed to you in a separate document that it may obtain a background check; (2) you have authorized it to get the background check; and (3) it will provide you with advance notice of any adverse action based in any part on the background check report, a copy of the report, and a summary of your rights under the FCRA.
What if I get an adverse action notice from an employer after a background check?
If an employer takes “adverse action” against you by denying you a job based partly or completely on information in a background check report, the employer must give you notice of that fact. The adverse action notice must include the contact information for the background check company and an explanation of your rights to dispute the report.
Can criminal convictions appear on my background check after 7 years?
Yes, but a background check company must take reasonable steps to ensure its report is as accurate as possible. The FCRA also puts limits on the negative information a tenant screening report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions. However misdemeanor or felony criminal convictions that go on record and are accurate can stay on your background check indefinitely.
Can I dispute a false disposition on my background check report?
If you don’t get a job because of information in a background check report, you are entitled to a copy of the report. You also have the right to dispute the report if it has errors or includes information it shouldn’t. If you dispute a report, the background check company must investigate and correct any errors within 30 days.
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Can I Sue CrimCheck if my background report includes errors?
If you lost out on a job or promotion because a CrimCheck background check report included inaccurate or illegal information, you may be able to sue in federal court. If you sue and win, you may be entitled to your actual damages or statutory damages up to $1,000, plus punitive damages, attorneys’ fees, and costs.
Complaints Against CrimCheck
Hardworking people just like you who lost job opportunities due to an inaccurate or unfair employment background check report have already sued companies like CrimCheck for FCRA violations.
Many of those lawsuits allege that the background check companies did not take reasonable steps to verify criminal background information and, as a result, falsely listed felony convictions, including expunged, outdated, or incorrect information, or misidentified the subject of the report. Some complaints allege that background check reports contained inaccurate educational, work, driving, credit or other personal information that the background check company was not responsive or did not properly handle disputes about inaccurate information. Some complainants have filed their lawsuits as class action complaints, on behalf of themselves and similarly situated people.
CrimCheck 17295 Foltz Industrial Pkwy, Suite B Strongsville, OH 44149-5568 Phone: 440-816-9920 Website: https://www.crimcheck.com/
Ready to Assert Your FCRA Rights?
Fired or Not Hired Because of a CrimCheck Background Check? If so, you’re in the right place.
● Our 12-year track record of helping hardworking, regular people just like you speaks for itself. We have the experience, knowledge, and dedication to get you the best results possible. ● We’ve helped more than 25,000 consumers recover more than $50 million. ● We work to restore your reputation and get you the compensation you deserve. You focus on living your life. ● We care because we know what it’s like to lose out on a job because a faceless company didn’t follow the law. ● We will fight hard for you and won’t stop. We are not afraid to stand up to big, powerful companies. That’s what we do. ● It won’t cost you a penny out of pocket – you pay nothing until we win money for you.
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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.