This page is provided as a courtesy to job applicants that have questions or concerns about background checks and is not intended to be nor should it be taken as legal advice.
Employment Screening Resources (ESR) is unable to give job seekers advice on any job-placement or employment matters. Most state or county bar associations have low-cost or no-cost programs to give consumers advice. If you have a question about a background report and criminal records or other topics, a consumer may want to use a bar association program to consult with an attorney familiar with the subject. Each state has their own rules about criminal records.
How To Dispute Information in Your Consumer Report1
- If you are the subject of a consumer report prepared by Employment Screening Resources (ESR) and find that it has incorrect or incomplete information, you have the right under federal law to dispute it. ESR will investigate your claim, make any necessary adjustments, and issue revised copies to all recipients. Your rights and the accuracy of our reports are of utmost importance to us.
- Because time is of the essence when there is disputed information in a background check report, the best way to initiate a dispute is to contact ESR by calling 888-999-4474 and asking to speak with the Consumer Desk where trained personnel who understand your concerns are available to assist you.
- For detailed information about disputing reports, visit our How to Dispute a Consumer Report webpage.
- To access the Consumer Financial Protection Bureau (CFPB) document outlining your rights, see A Summary of your Rights Under the Fair Credit Reporting Act (En español).
Is there Information that ESR will NOT Report to an Employer?
ESR's reports only accurate and actionable information to its employer clients. Accordingly, ESR never reports raw unfiltered data, it reports only properly vetted information that employers may legally consider in making employment decisions.
As a Consumer Reporting Agency (CRA) under the federal Fair Credit Reporting Act (FCRA) and corresponding state and local laws, ESR is under a number of restrictions in terms of what can and cannot be reported.
The FCRA has a general rule concerning accuracy. It states that a CRA "shall follow reasonable procedures to assure maximum possible accuracy of the information." For that reason:
- ESR never relies upon unofficial database information for criminal records research and reporting.
- ESR always obtains information from the primary source of the record, and determines if the record belongs to the individual undergoing the background check. Primary sources used in criminal record research are the local, state, or federal courthouses.
- ESR takes reasonable and appropriate measures to prevent the reporting of information that is prohibited by federal, state, and local laws.
- ESR has a policy of carefully vetting information so that we do not provide information to employers that they cannot consider.
- Where ESR does not have sufficient information to relate a criminal record to the subject of the background check, it is not reported.
- ESR suppress arrests, and/or criminal matters that have been set aside if an employer operates in a state that prohibits them from being considered.
- Information relating to a disability, medical, or genetic condition is never reported.
- Civil matters involving any allegations of civil rights violations, or claims made by an applicant against his or her prior and present employers are not reported.
Sources of Additional Information
- For Job Applicants: A helpful webpage for consumers on the Federal Trade Commission (FTC) website about employment background checks.
- For Applicants/Employees: Background Checks: Tips for Job Applicants and Employees. A November 2014 publication by the Federal Trade Commission (FTC)
- For Applicants/Employees: Background Checks: What Job Applicants and Employees Should Know. A February 2014 joint publication of the Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC)
- For Job Applicants with Criminal Records: ESR has released a complimentary whitepaper written by ESR Founder and CEO Attorney Lester Rosen titled Ten Critical Steps for Ex-Offenders to Get Back into the Workforce to provide insights and suggestions to assist job applicants with criminal records who are seeking to rre-enter society through gainful employment. The shrinking U.S. workforce, decriminalization of nonviolent crimes, protections against liability for employers willing to hire applicants with criminal records, and the“Ban the Box” movement means Job Opportunities for Ex-Offenders with Criminal Records Should Increase in 2016. For more information, read the article Criminal Records and Getting Back into the Workforce: Six Critical Steps for Ex-offenders Trying to Get Back into the Workforce by ESR President Lester Rosen. (Versión en lengua española).
- For Job Applicants in California: CALIFORNIA CONSUMER RIGHTS and DERECHOS DEL CONSUMIDOR EN CALIFORNIA.
- Social Security Number (SSN) Trace: Social Security Number Trace Information for Consumers. A web page created by to explain what an SSN Trace is and is not.
- For Job Applicants: Helpful background check resources from privacyrights.org.
- NAPBS: The National Association of Professional Background Screeners (NAPBS) website is a source of industry information and consumer information.
- Consumer Financial Protection Bureau (CFPB) Document "A Summary of Your Rights Under the Fair Credit Reporting Act" (Versión en lengua española). This is the summary that must be provided to a consumer any time an adverse notice action is taken.
- FACT ACT: ESR webpage with information on free FACT ACT disclosures.
- E-Verify Self Check: USICS E-Verify Self Check a free service that can be used by anyone in the United States over the age of 16 to confirm their employment eligibility.
- To obtain a FREE annual copy of your credit report click here.
- Information provided by Federal Trade Commission in May, 2010 for Consumers on your rights when it comes to credit reports and background checks is found here.
- Credit Score information website.
- Information on free annual credit reports and how to avoid scams website.
- White paper: The Use of Credit Reports in Employment Background Screening. A joint effort by Employment Screening Resources and LexisNexis Screening Solutions to assist job applicants in understanding the role that a credit report may play in a background check.
- US States with Laws Regulating Credit Reports for Employment. A number of U.S. states have either passed, or are considering passing, laws regulating credit reports used by employers for employment purposes. Here is a summary of the states that currently have such laws. ESR will continue to monitor this area and post updates.
- Credit Reports and job hunting: Concerned about your credit report when job hunting? Don't be confused by Urban Myths but do be pro-active. This report explains how it all works.
Identity Theft Resources
- A document prepared by the Consumer Financial Protection Bureau (CFPB) on Remedying the Effects of Identity Theft.
- Identity Theft: What to Do if It Happens to You - Information from the Privacy Rights Clearinghouse on what to do if you are the victim of Identity Theft.
- Federal Trade Commission (FTC) Identity Theft website.
- Taking charge: what to do if your identity is stolen website.
- To report identity theft click here or call 1-877-438-4338 or 1-866-653-4261 (TTY)
- ESR does not maintain databases on individuals for any purpose whatsoever.
- ESR only prepares one-time use reports when requested by an employer and then only with the written consent of the consumer in accordance with the Fair Credit Reporting Act (FCRA).
- Unless ESR has prepared a background check report that specifically relates to an application for employment with one of its clients, ESR will not have any data about you.
1 NOTE: If you are attempting to determine if your name is in a database in order to insure the accuracy of information about you, helpful information is provided by the Privacy Rights Clearinghouse website.