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Fidelity Background Checks – Screenings

Consumer Rights

Consumer Rights

Understanding Your Rights During the Background Screening Process

Your Information. Your Privacy. Your Rights.

At Fidelity Background Checks, we believe individuals deserve to understand their rights when their personal information is used in background screening.

Whether you are applying for a new job, seeking a promotion, renting a property, or undergoing another authorized background check, federal and state laws may provide important protections regarding how your information is collected, reported, and used.

The Fair Credit Reporting Act (FCRA) is a federal law that establishes standards for consumer reporting agencies and organizations that obtain and use consumer reports.

Our goal is to help consumers better understand these protections, how background screening works, and what steps they can take if they believe information in a report is inaccurate or incomplete.

What Are Your Rights Under the Fair Credit Reporting Act?

The Fair Credit Reporting Act provides consumers with rights concerning information maintained and reported by consumer reporting agencies.

Depending on the circumstances, these rights may include:

  • The Right to Know: You generally have the right to be informed when information in a consumer report is used against you in certain decisions.

  • The Right to Access Your Information: You have the right to request disclosure of information maintained in your consumer reporting file, subject to applicable requirements.

  • The Right to Dispute Inaccurate Information: You may dispute information you believe is inaccurate or incomplete.

  • The Right to Accurate Reporting: Consumer reporting agencies must follow reasonable procedures to assure maximum possible accuracy.

  • The Right to Privacy: Consumer reports may generally be provided only to parties with a legally permissible purpose.

  • The Right to Certain Employment Disclosures: Employers generally must provide required disclosures and obtain written authorization before procuring employment-related consumer reports.

  • The Right to Seek Legal Remedies: Consumers may have legal remedies when their rights under the FCRA are violated.

These protections are designed to promote fairness, accuracy, transparency, and accountability in consumer reporting.

Your Right to Know When a Background Check Is Requested

Employers who use consumer reports for employment purposes generally must provide a clear and conspicuous written disclosure before obtaining a report.

The disclosure must generally be provided in a document consisting solely of the disclosure, subject to permitted exceptions, and the employer must obtain written authorization from the applicant or employee.

Employment background checks may be requested for hiring, promotion, reassignment, or retention purposes, subject to applicable law.

Additional notice, consent, or timing requirements may apply under state and local laws.

Your Right to Request a Copy of Your Background Check Report

Consumers have the right to request information contained in their consumer reporting file from the consumer reporting agency maintaining that information, subject to applicable identification and disclosure requirements.

Under the FCRA, consumers are entitled to free file disclosures in certain circumstances, including when they receive an adverse action notice based on a consumer report and request the disclosure within 60 days.

Other circumstances may also qualify for a free disclosure, and applicable state laws may provide additional rights.

If you believe Fidelity Background Checks prepared a report about you, contact the company through its designated consumer assistance channel to learn how to submit a file disclosure request.

You may be asked to provide information reasonably necessary to verify your identity before sensitive records can be released.

Your Right to Dispute Inaccurate or Incomplete Information

If you believe your background screening report contains inaccurate or incomplete information, you have the right to dispute it with the consumer reporting agency that prepared the report.

Potential errors may include:

  • Criminal records that belong to another individual.

  • Incorrect dates or identifying information.

  • Records that have been inaccurately reported.

  • Outdated information that should no longer be reported under applicable law.

  • Incorrect employment or education verification details.

  • Duplicate records or information presented in a misleading manner.

Consumer reporting agencies generally must conduct a reasonable reinvestigation of qualifying disputes without charge.

Under the FCRA, reinvestigations generally must be completed within 30 days, although certain circumstances permit an extension of up to 15 additional days.

If disputed information is found to be inaccurate, incomplete, or cannot be verified, the agency must take the action required by law, which may include correcting or deleting the information.

Consumers generally must be notified of reinvestigation results within five business days after completion.

How to Dispute a Background Check Report

If you discover information that you believe is incorrect, taking action promptly can help protect your rights.

Step 1: Identify the information you believe is incorrect.

Review the background check report carefully and identify the specific record, date, status, or other detail you believe is inaccurate or incomplete.

Step 2: Contact the consumer reporting agency.

Submit your dispute to the company that prepared the report. Explain what information you are disputing and why you believe it is incorrect.

Step 3: Provide supporting documentation when available.

Documents such as court records, identification records, employment verification letters, or other relevant materials may help support your dispute. You are not necessarily required to possess documentation to raise a dispute.

Step 4: Allow the reinvestigation process to proceed.

The consumer reporting agency must investigate qualifying disputes in accordance with applicable law.

Step 5: Review the investigation results.

After the investigation, review the findings and any corrections made to your information. You may have additional rights if you continue to disagree with the results.

If Fidelity Background Checks prepared your report, use its designated consumer dispute process rather than submitting sensitive personal information through a general website contact form.

Your Rights Before an Employer Takes Adverse Action

If an employer is considering taking an adverse employment action based in whole or in part on a consumer report, the FCRA generally requires the employer to provide certain information before making the final decision.

This process is commonly known as pre-adverse action.

Before taking the adverse action, the employer generally must provide:

  • A copy of the consumer report being considered.

  • A copy of the document titled “A Summary of Your Rights Under the Fair Credit Reporting Act.”

This gives the individual an opportunity to review the information and potentially identify inaccuracies before the employer makes a final decision.

The FCRA does not establish one universal waiting period for all employment pre-adverse action situations. Employers must provide the required information before taking adverse action and consider other applicable legal requirements.

Your Rights After an Adverse Employment Decision

If an employer takes adverse action based in whole or in part on a consumer report, the employer generally must provide an adverse action notice.

The notice must include information required by the FCRA, including:

  • The name, address, and telephone number of the consumer reporting agency that supplied the report.

  • A statement that the consumer reporting agency did not make the employment decision and cannot explain the specific reasons for it.

  • Notice of the consumer’s right to obtain a free copy of the report from the agency within 60 days.

  • Notice of the right to dispute the accuracy or completeness of information in the report.

Additional requirements may apply under state and local laws.

Your Right to Privacy and Confidentiality

Consumer reports frequently contain sensitive personal information, including identifying information, criminal history information, employment records, and other details.

The FCRA restricts access to consumer reports by generally requiring a permissible purpose.

Employers, landlords, and other authorized users must follow applicable legal requirements when obtaining and using consumer reports.

Individuals also have rights under certain state privacy and consumer reporting laws that may supplement federal protections.

Consumers should avoid sending Social Security numbers, identification documents, or other highly sensitive information through unsecured communication channels.

Your Rights Regarding Criminal History Information

Criminal background screening is subject to federal requirements and may also be regulated by state and local laws.

Depending on the jurisdiction, protections may address:

  • When an employer may ask about criminal history.

  • Whether certain arrests or non-conviction records may be considered.

  • Restrictions involving sealed, expunged, or otherwise protected records.

  • Individualized assessments of criminal history information.

  • Notice requirements before an adverse hiring decision.

The FCRA also imposes limitations on reporting certain types of adverse information, subject to statutory exceptions and applicable state laws.

Not all criminal convictions are subject to the same federal reporting time limits as arrests or other adverse information.

State and Local Consumer Rights

In addition to federal law, some states and municipalities have enacted consumer reporting, employment screening, and privacy laws that provide additional protections.

These laws may address disclosure requirements, criminal history restrictions, consumer access rights, background check authorization, or other aspects of the screening process.

Because requirements vary by location, consumers should review the laws applicable to their circumstances.

Fidelity Background Checks encourages consumers and employers to remain informed about applicable federal, state, and local requirements.

Where to Find Official Consumer Rights Information

For additional information about your rights, consult these official government resources:

Consumer Financial Protection Bureau (CFPB)
https://www.consumerfinance.gov/

Federal Trade Commission (FTC)
https://www.ftc.gov/

Equal Employment Opportunity Commission (EEOC)
https://www.eeoc.gov/

Official FCRA Summary of Rights
https://www.consumerfinance.gov/learnmore/

These resources provide guidance regarding consumer reports, employment background checks, discrimination protections, and applicable consumer rights.

Frequently Asked Questions About Consumer Rights

Can I see the results of my employment background check?

Yes. You generally have the right to request disclosure of information maintained in your file by the consumer reporting agency. You may also be entitled to receive a copy of a report from an employer before certain adverse employment actions are taken.

Can I dispute information on my background check?

Yes. If you believe information in your background check is inaccurate or incomplete, you may dispute it with the consumer reporting agency that prepared the report. The agency generally must conduct a reasonable reinvestigation of qualifying disputes.

How long does a background check dispute take?

Under the FCRA, most qualifying disputes must be reinvestigated within 30 days, although an extension of up to 15 additional days may apply in certain circumstances.

Can an employer reject me because of a background check?

An employer may make certain employment decisions based on legally obtained background screening information, subject to applicable employment, anti-discrimination, consumer reporting, and state or local laws. When a consumer report contributes to an adverse employment decision, required FCRA procedures generally apply.

Can an employer conduct a background check without my permission?

For employment-related consumer reports covered by the FCRA, employers generally must provide the required disclosure and obtain written authorization before obtaining the report. Certain statutory exceptions and special circumstances may apply.

What happens if my background check contains someone else’s criminal record?

You may dispute the incorrect information with the consumer reporting agency. The agency must investigate qualifying disputes and take appropriate corrective action when required by law.

Are background check disputes free?

Yes. Consumer reporting agencies generally may not charge consumers to dispute inaccurate or incomplete information in their consumer reports under the FCRA.

Can I request a background check report directly from Fidelity Background Checks?

If Fidelity Background Checks maintains a consumer reporting file about you, you may have the right to request a disclosure of that information. Contact the company through its designated consumer assistance process for identity verification and instructions.

Contact Fidelity Background Checks About Your Consumer Rights

We’re Here to Help You Understand the Background Screening Process

Fidelity Background Checks recognizes the importance of consumer rights, accurate information, and responsible background screening practices.

If you have questions about a background check prepared by Fidelity Background Checks, wish to request information from your consumer reporting file, or need to dispute information, please contact us using the appropriate consumer assistance procedures.

Fidelity Background Checks
Website: https://fidelitybackgroundchecks.com/

Contact Us | Learn More About Background Screening

For your protection, please do not submit Social Security numbers, copies of identification, or other sensitive personal information through general website contact forms.

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