Introduction
Mark couldn’t believe his luck. After months of interviews and a grueling selection process, he had finally landed his dream job at a leading tech company with a salary that would allow him to pay off his student loans and start saving for a home. He had already put in his two weeks’ notice at his current position and was preparing to relocate.
Then came the devastating phone call.
“I’m sorry, Mark,” the HR representative said, her voice tense. “There’s a problem with your background check. According to HireRight, you have multiple felony convictions in California.”
Mark was stunned. He had never even been to California, let alone committed any crimes there. His perfect job opportunity was now in jeopardy because of a HireRight background check error that had confused him with someone else who shared a similar name.
Unfortunately, Mark’s story is far from unique. In today’s competitive job market, an error on your background check can be the difference between landing your dream job and watching it slip away. HireRight background checks are used by thousands of employers nationwide, but like any screening system, they’re not immune to mistakes. When these errors occur, they can have devastating consequences on your career, financial stability, and reputation.
According to recent statistics, approximately 1 in 4 background checks contains errors that could affect employment eligibility. For those subjected to HireRight background checks, understanding your rights and the legal remedies available is crucial when facing inaccuracies that impact your livelihood.
About HireRight
HireRight is one of the nation’s leading providers of employment background screening services. Founded in 1990, the company has grown to become a global enterprise serving businesses of all sizes.
Company Information:
- Year Established: 1990
- Address: 14002 E. 21st Street, Suite 1200, Tulsa, OK 74134
- Contact Information: [email protected], (866) 521-6995
- Website: hireright.com
- BBB Rating: A+
While HireRight claims to maintain a “99.98% dispute-free” record with “fast, accurate results,” consumer reviews and legal history tell a more complex story. Many job applicants report significant delays, communication issues, and errors in their background check reports that have jeopardized employment opportunities.
Learn more about what employment background checking companies don’t want you to know
HireRight’s Background Check Services and Notable Clients
HireRight provides a comprehensive suite of background screening services including:
- Criminal background checks
- Employment verification
- Education verification
- Professional license verification
- Credit history reports
- Drug testing
- International background screening
The company serves over 40,000 organizations globally, including major corporations like:
- Apple
- Marathon Petroleum
- Charter Communications
These high-profile clients demonstrate HireRight’s significant influence in the employment screening industry. When a company of this size makes an error on your background check, the impact can be substantial, affecting not just your current job prospect but potentially future opportunities as well.
Common Errors in HireRight Background Checks
Despite HireRight’s claim of 99.98% accuracy, our firm regularly assists clients who have experienced significant errors in their background reports. Some of the most common issues include:
1. Identity Mix-Ups
One of the most prevalent errors involves mixed files where information from another person with a similar name appears on your report. This is particularly common in people with relatively common names, father-son relationships, and especially among twins where names and other identifying information may be similar.
2. Outdated Information
HireRight reports sometimes include outdated negative information that should have been removed, such as:
- Expunged or sealed records still appearing on reports
- Dismissed charges listed as convictions
- Civil judgments that have been satisfied but still show as outstanding
3. Reporting Errors
Technical and procedural mistakes can lead to serious reporting errors:
- Misclassification of offenses (e.g., misdemeanors reported as felonies)
- Multiple listings of the same offense, creating the appearance of a more extensive criminal history
- Inaccurate employment dates or job titles
- Education verification errors
4. Timeline and Notification Issues
Many HireRight clients report significant delays in completing background checks, often with moving timelines:
“I initiated my background check on December 2, and was initially informed that the process would take a few hours or at most one business day. When that timeframe passed, I was told it would take 3-5 business days. After five business days passed, I followed up and was then informed that it would take 14 business days.”
These delays can leave job applicants in limbo, sometimes having already given notice at their current position only to face an extended waiting period with their new employer.
Learn how background check errors can cause you to fail a background check
Consumer Rights When Facing Background Check Errors
The Fair Credit Reporting Act (FCRA) provides important protections for consumers subjected to background checks. Under the FCRA, you have several key rights:
Right to Disclosure and Authorization
Employers must:
- Disclose their intention to conduct a background check
- Obtain your written authorization before proceeding
- This disclosure must be clear and conspicuous, and cannot be buried in an employment application
Right to Pre-Adverse Action Notice
If an employer plans to take adverse action (such as not hiring you) based on information in your HireRight report, they must first:
- Provide you with a “pre-adverse action notice”
- Include a copy of your background check report
- Include a summary of your FCRA rights
Right to Dispute Inaccuracies
You have the right to dispute inaccurate information with both:
- The employer
- HireRight directly
Right to a Reinvestigation
When you dispute information, HireRight must:
- Conduct a reasonable reinvestigation within 30 days
- Correct or delete inaccurate information
- Notify you of the results
Right to Post-Investigation Disclosures
After an investigation, you’re entitled to:
- A free copy of your revised report
- Notification of any changes made
Understanding these rights is essential when facing errors in a HireRight background check that could jeopardize your employment opportunities.
Understand more about your rights with employment background checks
How to Dispute Errors with HireRight
If you discover errors in your HireRight background check, taking prompt action is crucial:
Step 1: Request Your Report
The first step is obtaining a complete copy of your background check. Under the FCRA, you’re entitled to a free copy of your report if:
- You’ve been denied employment based on the report
- You request it within 60 days of any adverse action
To request your report directly from HireRight:
- Call: (866) 521-6995
- Email: [email protected]
- Visit: HireRight’s consumer portal
Step 2: Identify Errors
Review your report thoroughly, noting any inaccuracies:
- Criminal records that aren’t yours
- Incorrect employment dates
- Education verification errors
- Outdated information that should have been removed
Step 3: Gather Supporting Documentation
Collect evidence that supports your dispute:
- Court documents showing expungement or dismissal of charges
- Employment records verifying correct dates and positions
- Education transcripts or diplomas
- Identity documents to prove identity mix-ups
Step 4: Submit Your Formal Dispute
File a dispute with HireRight:
- Online through their dispute portal
- By phone: (866) 521-6995
- By mail: HireRight Consumer Relations, 14002 E. 21st Street, Suite 1200, Tulsa, OK 74134
Be sure to:
- Clearly identify each error
- Provide copies of supporting documentation
- Keep records of all communications
- Request written confirmation of receipt
Step 5: Follow Up
Don’t assume your dispute is being handled properly:
- Set calendar reminders to follow up if you don’t receive a response
- Document all communications with HireRight
- Contact the employer to inform them of the dispute
Learn more about contacting background check providers effectively
Legal Remedies Available for HireRight Background Check Errors
When HireRight or an employer violates your rights under the FCRA, several legal remedies are available:
FCRA Violations by HireRight
Background screening companies like HireRight can be held liable for:
- Reporting inaccurate information: Failing to follow reasonable procedures to ensure maximum possible accuracy
- Reporting outdated information: Including arrests older than seven years or civil judgments that exceed reporting time limits
- Reinvestigation failures: Not properly investigating disputed information
- Disclosure violations: Not providing required disclosures to consumers
FCRA Violations by Employers
Employers using HireRight reports may be liable for:
- Failure to provide pre-adverse action notice: Not giving you a copy of your report and summary of rights before taking adverse action
- Inadequate disclosure and authorization: Not providing a clear, standalone disclosure of their intent to obtain a background check
- Improper adverse action: Taking adverse action without following proper FCRA procedures
Legal Remedies Under the FCRA
The FCRA provides for several types of damages:
- Actual damages: Compensation for financial losses (lost wages, lost job opportunities)
- Statutory damages: Up to $1,000 per violation, even without proving actual damages
- Punitive damages: Additional compensation for willful violations
- Attorney’s fees and costs: The FCRA allows for recovery of reasonable attorney’s fees
Notable Legal Actions Against HireRight
HireRight has faced significant legal action for FCRA violations:
- 2012 FTC Settlement: HireRight was ordered to pay $2.6 million for incorrectly listing criminal convictions on reports.
- Ryals v. HireRight (2009): $28.375 million settlement after HireRight reported inaccurate negative information that led to termination and failed to provide an adverse action notice.
These cases demonstrate that legal action can be successful against major background check companies when they violate consumer rights.
Learn more about options for incorrect background check lawsuits
How Our Law Firm Can Help
Facing errors on a HireRight background check can be overwhelming, especially when your employment is at stake. Our experienced consumer rights attorneys understand the complexities of FCRA law and how to effectively advocate for those harmed by background check errors.
We can assist you with:
- Free case evaluation: Understanding whether you have actionable FCRA violations
- Dispute assistance: Helping you navigate the dispute process with HireRight
- Communication with employers: Intervening with potential employers to explain the situation
- Legal representation: Filing lawsuits against HireRight or employers for FCRA violations
- Negotiating settlements: Working to obtain compensation for damages you’ve suffered
Unlike many large firms that handle these cases as just another number, we provide personalized attention to each client, understanding the unique impact these errors have had on your life and career.
Take Action Now: Schedule Your Consultation
Don’t let errors on your HireRight background check derail your career and financial future. Our experienced attorneys are ready to help you understand your rights and pursue the remedies available to you under the law.
Contact us today to schedule your free, confidential consultation.
The law limits the time you have to take action, so don’t delay. Let us help you clear your record and seek the compensation you deserve.
Frequently Asked Questions About HireRight Background Checks
How long does a HireRight background check typically take?
While HireRight advertises quick turnaround times, actual experiences vary widely. Some checks complete within 1-2 business days, but many consumers report extended timeframes of 7-14 days or longer, especially when there are complications with verification. If your check is taking longer than expected, you have the right to follow up with both HireRight and the potential employer.
Can I see what’s on my HireRight background check before my employer does?
Under the FCRA, you don’t have an automatic right to see your report before the employer, but you can request a copy of your consumer file from HireRight at any time. Additionally, if the employer intends to take adverse action based on the report, they must provide you with a copy before finalizing that decision, giving you an opportunity to dispute any errors.
What should I do if I know there’s an error on my criminal record before applying for a job?
If you’re aware of errors on your criminal record, it’s best to be proactive:
- Obtain copies of your official criminal records from relevant jurisdictions
- File for expungement or correction of records where possible
- Consider obtaining your own background check before applying
- Be prepared to explain the situation and provide documentation to potential employers
Taking these steps can help prevent delays and complications during the HireRight background check process.
How long do negative items stay on a HireRight background check?
The FCRA limits reporting periods for many types of information:
- Arrests not resulting in conviction: 7 years
- Civil suits, judgments, and collection accounts: 7 years
- Paid tax liens: 7 years
- Criminal convictions: Indefinitely (though some states have additional restrictions)
If HireRight is reporting information beyond these timeframes, this may constitute an FCRA violation, and you should consult with an attorney about your rights.