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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

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Folder: Main Menu > Criminal Records > Background Checks: Know Your Rights > Disputing Errors on Background Checks

Many employers obtain information about job applicants from consumer reports created and sold by consumer reporting agencies (CRA's). Because this information is compiled and sold for a profit by, the CRA's and employer must follow the guidelines of the Fair Credit Reporting Act (FCRA). FCRA is supposed to ensure that information reported about individuals is accurate and fair. Under it, job-seekers and other individuals have specific rights, including the right to see a background check that an employer used if they decided not to hire you, and to make corrections to that report if it contains errors.

This folder contains a request form for a free consumer report as well as an example of a case where an individual was terminated from employment as a result of an incorrect Credit Report.

For more information, visit "Employer Use of Consumer/Credit Reports to Obtain Criminal Record Information" on the National HIRE Network website.

Resources

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  • Sample Background Report Dispute Letter (Legal Action Center)

  • New York Attorney General Settlement Agreement with Radio Shack for Unlawful Discrimination Against Job Applicants with Criminal Records (The Office of the Attorney General of the State of New York)

  • New York Attorney General Settlement Agreement with Choicepoint for Unlawfully Aiding Employers in New York State Who Exclude Job Applicants Based on Criminal Records (Office of the Attorney General of New York State)

  • Using Consumer Law to Combat Criminal Record Barriers to Employment and Housing Opportunity (Journal of Poverty Law and Policy)

  • Complaint in Johnson v. Kroll Background America, Inc. (Community Legal Services)