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How to Prepare for a Background Check

When you know you are going to be on the job market, take the following steps to reduce the chances that you and/or the potential employer will be "surprised" by information found in the background check process:

• Order a copy of your credit report. If there is something you do not recognize or that you disagree with, dispute the information with the creditor and/or credit bureau before you have to explain it to the interviewer. Another individual's name may appear on your credit report. This happens when someone mistakenly writes down the wrong Social Security number on a credit application causing that name to appear on your file. Or you might be a victim of identity theft. (See PRC Fact Sheet 6 on your credit reporting rights, www.privacyrights.org/fs/fs6-crdt.htm, and Fact Sheet 17a on identity theft, www.privacyrights.org/fs/fs17a.htm.)

• Check court records. If you have an arrest record or have been involved in court cases, go to the county where this took place and inspect the files. Make sure the information is correct and up to date.

Reporting agencies often report felony convictions when the consumer truly believes the crime was reduced to a misdemeanor, or that it was reported as a misdemeanor conviction when the consumer thought the charge was reduced to an infraction. Court records are not always updated correctly. For example, a signature that was needed to reduce the charges might not have been obtained or recorded by the court. Don't rely on what your attorney may have told you. If you think the conviction was expunged or dismissed, get a certified copy of your report from the court. For an explanation of expungement, visit www.epic.org/privacy/expungement.

• Check DMV records. Request a copy of your driving record from the Department of Motor Vehicles, especially if you are applying for a job that involves driving.

Many employers ask on their application if you were ever convicted of a crime. Or they might word the question to ask whether you have ever been convicted of a felony or misdemeanor. Typically, the application says you do not have to divulge a case that was expunged or dismissed, or that was a minor traffic violation.

Don't be confused. A DUI (driving under the influence) or DWI (driving while intoxicated) conviction is not considered a minor traffic infraction. Applicants with a DUI or DWI who have not checked "yes" on a job application may be denied employment for falsifying the form -- even when the incident occurred only once or happened many years before. The employer perceives this as dishonesty, even though the applicant might only have been confused by the question.

• Do your own background check. If you want to see what an employer's background check might uncover, hire a company that specializes in such reports to conduct one for you. That way, you can discover if the data bases of information vendors contain erroneous or misleading information. (Consult the Yellow Pages under "Investigators.") Or, you can use one of the many online search services to find out what an employer would learn if conducting a background check in this way.

• Ask to see a copy of your personnel file from your old job. Even if you do not work there anymore, state law might enable you to see your file. Under California law, you can access your file until at least a year from the last date of employment. And you are allowed to make copies of documents in your file that have your signature on them. (California Labor Code �432.) You may also want to ask if your former employer has a policy about the release of personnel records. Many companies limit the amount of information they disclose.

• Read the fine print carefully. When you sign a job application, you will be asked to sign a consent form if a background check is conducted. Read this statement carefully and ask questions if the authorization statement is not clear. Unfortunately, jobseekers are in an awkward position, since refusing to authorize a background check may jeopardize the chances of getting the job.

Notice of a background check has to be on a separate form. The only other information this form can include is your authorization and information that identifies you. Neither the notice of a background check nor any other form should ask questions like "race," "sex," "full date of birth," or "maiden name." Such questions violate the federal Equal Employment Opportunity laws. And, you should not be asked to sign any document that waives your right to sue a screening company or the employer for violations of the law.

• Tell neighbors and work colleagues, past and present, that they might be asked to provide information about you. This helps avoid suspicion and alerts you to possible problems. In addition, their prior knowledge gives them permission to disclose information to the investigator. Forewarning others speeds up the process and helps you get the job faster.

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