I Was Framed – “Candidate Dispute”

I Was Framed – “Candidate Dispute”

The right to dispute a background check report is provided by the Fair Credit Reporting Act, FCRA.  The law is there to dispute reporting errors to ensure the candidate is fairly treated and not eliminated from job consideration due to inaccurate information on the report.  Disputing the exact parole date is likely not going to change an employer’s mind about hiring an individual, but we receive disputes about information in ways you may not expect.    “I Was Framed – Dispute” Story 8  is inspired by a true story behind the scenes at Cluso, a Texas licensed Private Investigation Company.

I WAS FRAMED - DISPUTE

 

The Real Story 

From our point of view the purpose of the right to dispute is often misunderstood by candidates.  We’ll produce a report and a case may show.  The candidate is provided a copy of the report and the Fair Credit Act Rights (FCRA.)  When a candidate calls to dispute we are expecting the person is going to say the case is not theirs or they were told the case would not show up because it had been expunged.

Instead we will receive a dispute much different than we expect.

An example is a parole date correction like in this comic strip.  The candidates are welcome to dispute minor changes or corrections to the cases listed.  We’re not saying they can’t dispute a date on a case, but some changes really do not change the underlying reason the person has disqualified for the job.

One of our clients hired a person on probation and we confirmed a case with an active warrant for Failure to Appear.  Our client had not seen a case with a warrant before and let the candidate know about our report.  The candidate denied knowledge of the case and was directed to contact us.

Read More  Of The Real Story  

At first she said she didn’t know about it, so we pulled the case.  The name, Date of Birth, and prior address matched the defendant on the case.  We read through the affidavit and mentioned another person listed accusing her of an assault and battery.  She first admitted she knew the person and then she admitted she remembered the incident…finally.  We advised she call a lawyer and take care of the warrant since it was active.  She called us back a few days later she had confirmed the case and warrant was hers but she wanted to “Dispute” it with us because she didn’t do anything wrong and the person accusing her was “Crazy.”

Disputing a case on a report does not mean a candidate should tell their story and argue their side, but often we get the dispute defined as “I wasn’t guilty” even when the case was already judged as guilty.  We only report the facts of cases on our reports.  If we are reporting accurately for a case the candidate has to fix the court records and then call us back to have the correction at the court reflected on our report.  This is also true of identity theft.  If a case exists because someone used another’s identity when arrested, all of it has to be worked out with the police before we can fix our report.  The police took the fingerprints at the time of the arrest, so if a candidate is innocent visiting the police will get to the bottom of the issue.  

TIP:

For Employers – Stay neutral.  There are plenty of mistakes at the court and there is a chance someone does not know about a case or a warrant.  Hiring is a serious commitment and often we find employers in too much of a Rush.  But don’t be surprised when the report is corrected but the same conviction is listed and the parole date has changed.

For Job Candidates – You have to fix the source of the incorrect information.  If a police record has your name and social security number on it because you were the victim of identity theft, you have to go to the police with the incorrect information and resolve it.  If you have a warrant, resolve it.  If a warrant is listed, we can’t change the report just because we heard and believe your side of the story.

BOTTOM LINE:

Often job candidates will think they can dispute the case conviction or warrant as if we are judges and the police department.  We are only reporting the facts from courts and other sources.  Sometimes disputes will create final reports with the case removed, and sometimes we are fixing a parole date.  Give us some time to work out which it will be and provide a final report after we process the dispute.

OTHER COMIC STRIPS:

I Was Framed : Episode 1 – “Identity Theft

I Was Framed : Episode 2 – “Seven Year Background Check

I Was Framed : Episode 3 – “Already in Prison”

I Was Framed : Episode 4 – “Jon Smith”

I Was Framed : Episode 5 – “Good News, Bad News” 

I Was Framed: Episode 6 – “Career Criminal

Facebook0Twitter0Google+0LinkedIn0Pinterest0tumblrEmail

1 Comment to “I Was Framed – “Candidate Dispute””

  1. whoah this weblog is wonderful i really like studying your articles.
    Stay up the good work! You know, a lot of individuals are searching around for this info, you can aid them greatly.

Leave a comment

Your email address will not be published.




one × = 7