What employment background checking companies don't want you to know.

[@NAConen]

So much ink (or pixels) are devoted to teaching people how to ace interviews and how to climb the corporate ladder, but the background check is still shrouded in mystery for most people. More people need to talk about this. I’ve literally never had any company send me back my completed background check because something negative was found, but I’m SURE I’ve missed out on jobs because of negative findings - mostly just a bad credit score due to student loans. I wish these employers were held to account.

[@TexasConsumerLaw]

When a background check involves your credit then the credit bureaus will report an inquiry. You can check for inquiries by checking your credit report. When a background check only checks criminal history, then it won't show up as an inquiry. Hope this helps.

[@dnlprls]

What does a credit report have to do with your ability to do your job? Does your credit score have to be perfect to gain employment, what is the minimum score needed?

[@TexasConsumerLaw]

Great question. Sorry the video is not clear on this point. Any report that affects your ability to get a job, an apartment, a loan, or credit is a credit report. In the world of job seeking these credit reports are called background checks. Most of the time these are criminal background checks. Sometimes, for some job positions they involve your actual credit report. Usually this is for executives and security clearances. Hope this helps. Let me know if you have any more questions.

[@leftistgamer909]

Welcome to capitalism. If you can't prove you are rich or financially viable (having good credit) then you don't get to eat.

[@TexasConsumerLaw]

@@leftistgamer909 Credit reporting has been around for well over 100 years. Since that time it has had a profound impact on society. While some good there is plenty of bad. "Debt the First 5,000 Years" is a good place to start.

[@shannonsmith1736]

@@TexasConsumerLaw sounds like quick pro que to make this appear as "credit report" issue than what it really is.

[@TexasConsumerLaw]

@@shannonsmith1736 thanks for your comment. Not sure what you are driving at, but the law says that any report that reflects on a number of factors including your "mode of living" is a credit report. The FCRA is a powerful law that is meant to address problems with these reports. Employment laws are intended to protect employees from bad employers.

[@mario3804]

You are the most motivated presenter I've ever seen, I almost fell asleep and had to watch it again.

[@TexasConsumerLaw]

Thanks Mario! I keep working on it and like to think I'm improving. Check out some of the newer videos and let me know what you think.

[@bikechannel4931]

Mario I think you need some medical videos, try looking up narcolepsy, adhd and npd. I would also recommend some Tony Robbins for your struggle with avolition and motivation... Thanks to Bill for his straightforward approach awesome video!

[@franciscoperez360]

I was driving for lift and loose my job 2 days ago for having the Same name of a felon. I have never been in that State and here I am now worry about my bills. Even that I can appeal it takes time and money from my family. They say 2 to 5 days. That sucks big time.

[@TexasConsumerLaw]

Sorry to hear that Francisco. Background checks are problematic. Give us a call to see if we can help you out 210 226 0800.

[@rick343]

My criminal background check says I committed 2 murders, I have never murdered anyone, but I can't get a job because of it, I just interviewed yesterday and was told once the background check is ok I would be hired, this will be the 3rd time that this has happened, the first time, I told the background company that it's wrong, they ran it again and had the same outcome, so I didn't get the job. I don't have a common last name at all, this happened for a job at a major discount chain store, that starts with a W

[@TexasConsumerLaw]

Call me 210 226 0800.

[@johnrodriguez1145]

Might as well go out and murder someone then

[@nashmason65]

Hit me up on instagram

[@vee_2.0]

I really hope this problem has been fixed

[@rik9833]

Fixed?

[@Tretzye]

So I did a background check but what I don’t know is if I’m supposed to send my background check to the company once I get a copied or do they already have it ?

[@hitekhillbilly531]

I want to pull my report just for my information as to what is still in my background. From my understanding, as many years ago I have had an SSBI investigation done on me, and one employer spoke to me and said he almost didnt hire me for that. That was done for an assignment I had in the Military. I have heard that never drops off of your record. What would be the best background check that I can go through for that? Thanks in advance!

[@bobweiram6321]

You can't just have a check box on an application. It must be in a separate document.

[@TexasConsumerLaw]

Bob, thanks for your comment. I've seen it both ways. I would not be in business if everyone followed the law. Bill

[@shawn11207]

So should I provide my Uber back out check and my 800 credit report to a job interview?

[@stevenplaysbone8791]

It should be illegal for employers to see your credit report. It's none of your business I owe $8000 to the hospital, and it's fucked up they use that as a reason to not hire me.

[@dave7701]

Medical bills don't affect your credit. Unless they are ignored. The debt also related to a medical issue can't avoid you from getting a job. It's a law, and if you have proof you can file a claim against them easily

[@TexasConsumerLaw]

Sure they do. Medical bills should not affect your credit, unless you agreed to finance a medical procedure. An unpaid medical bill can easily slip onto your credit report and lower your credit score.

[@marcosperez5828]

When it comes to working in an airport, how long would a background check take, mine has taken a month already and they say that I had to wait 30 days cus im an immigrant, it’s been 33 days and I still haven’t received any info about it

[@TexasConsumerLaw]

Its hard to say. Airports probably do a solid background check. It may take a month or longer. If they have to check with federal agencies or other countries, it could take even longer.

[@marcosperez5828]

@@TexasConsumerLaw oh okay, thank you for your response

[@nashmason65]

Hit me up on instagram

[@cybco]

Bill, I live in Loudoun County VA. I tried to renew my concealed carry permit, and the Clerk's office denied it because they said I didn't fill out question 8.B on Virginia's Concealed Carry Permit. I asked for the background check report they used and they said they can not disclose that information. I'm now going to court on Aug 5 to talk to the Judge. So my question to you is, does a Court have to provide the source and information they used to deny me my Concealed Carry Permit because they have a report that says I was ordered to a Behavioral Health and Developmental Services? I did voluntarily attend a Comprehensive Addiction Treatment Service for my Employer and my own question if I had a drinking issue after my DUI in 2016. It was strictly volunteer, no court, no employer, no nothing just my own responsibility. They came back and said no I was not an alcoholic. I signed a disclosure to my employer Defense Intelligence Agency who I'm sure is disclosing this information as though I was court ordered. What can I do?

[@TexasConsumerLaw]

You need an attorney local to VA. This question is highly dependent on state law.

[@petercastrocollins]

Does a background look at personnel records for misconduct?

[@TexasConsumerLaw]

No. The background check companies don't have access to a former employer's internal records.

[@halildurmaz7827]

My prospective employer said that my SSN is required to do a Background Check via HireRight. However, I do not have an SSN, since I only lived outside the US. How they can do a Background Check without this?

[@TexasConsumerLaw]

Good question. Hire Right can probably do one with your name and date of birth alone. I can't tell you where it is your potential employer or Hire Right that is requiring it. Do you have an ITIN individual taxpayer identification number?

[@halildurmaz7827]

@@TexasConsumerLaw Thank you so much for your very fast answer Mr. Clanton. Actually, the onboarding specialist told me that an SSN is required, and he is trying to find another procedure now. If an SSN is an absolute must, how the companies in the US can hire people from other countries? No, I do not have ITIN as well.

[@Sgs9199]

Hey I transferred universities but did not say I transferred schools, but rather I only put the university I obtained my bachelors from

[@TexasConsumerLaw]

Ok. That's what I do. Just name the school that gave me the degree. Has this caused any problems for you?

[@Sgs9199]

@@TexasConsumerLaw no problems yet but I also just filled out my background check a few minutes before commenting. But when I applied to my summer internship and did a background check I only put my most recent university and they were fine with that. Or rather there were no issues with the background check!

[@crypticc8862]

when i was in highschool i found it near impossible to get hired anywhere, recently i applied to work for instacart and they sent me a copy of my background check. It stated that I had a "DOJ sex offender search: level1" Although my record was completely clear, minus a speeding ticket from when i first recieved my license. I was thinking they got me mixed up with my father (we share the same name). Is there any way i can get this sorted out to where i'm not harmed by this in the future?

[@TexasConsumerLaw]

Yes, it's possible. It sounds like you may have a mixed file. It's common problem. When you are ready to get started give us a call.

[@user-gh3rv1of2b]

Do background checks show jobs you didn't tell the prospective employer you had? For example, leaving off a place you worked at prior from your resume.

[@TexasConsumerLaw]

Most will. It depends on how detailed of a report they order.

[@jeanieologist4456]

No

[@alottedboss1565]

Question how far do background checks go for criminal offenses?

[@dr.keegan5303]

7 years

[@yn9861]

Who said it's 7 years?

[@oliviasaraceno5868]

What exactly will pop Up if you have a felony pending case but it has been dismissed not convicted as I’m innocent and it was just an arrest? What exact information will they usually see on a background check? I only have a follow up court date next year.

[@TexasConsumerLaw]

The background check company will likely report this as an arrest. If you are cleared of the charge then you should consult with a local lawyer to get the arrest expunged or your states equivalent. Good luck let me know if we can help.

[@enignma4trmble340]

So can i run my own background check on myself ao i know what correct information to put on a job application? So this wont happen? Since less than a month ago there was a BIG data breach that affected millions of social security numbers so i'm concerned, thank you from the midwest by the way

[@TexasConsumerLaw]

Just this week there was a hack of MC2 Data who supplies information to many of the background check companies. If you want to run your own background check on yourself then call one of the companies and see if they will do it. They will probably want a fee. Let us know how it goes.

[@SkrillaGxng]

15 usc 1681b(a)(2) states a consumer reporting agency may not furnish anything without written consent of the consumer to whom it relates

[@TexasConsumerLaw]

Yes, there are other circumstances too. 1681b(a)(1) through (6) contain the full list.

[@janjoy9759]

Does new employer do post employment verification after hire? Would they be able to find out if I still work in the previous job and didnt quit the previous job?

[@TexasConsumerLaw]

Great questions Jan! Your first question about post employment background checking. This is how most, but not all, employers do it. They don't want to pay for a more background checks than they have to. Second question depends on a number of factors. Does your previous employer report anything about your employment? Would your current employer be concerned about you maintaining the old job? They may just pick up the phone and call your previous employer.

[@rockybalboa1283]

I filled out an application for Home Goods, one of the questions was "have you been convicted of a felony in the past 7 years", I checked "no" because my only felony is 15 years old. I got hired then fired a month later for the felony, is that legal?

[@TexasConsumerLaw]

That's hard to say. Depends on which state you are in. Did you get a copy of the background check?

[@rockybalboa1283]

@@TexasConsumerLaw yes, and on it it says "pass" for eligibility. The one felony from 2008 was the only charge on it. I'm in Alabama BTW.

[@rockybalboa1283]

The manager and assistant manager are fighting to keep me, they had me write a letter explaining everything and what things I did to correct them. They are also writing to try and keep me because they really like my work ethic and energy.

[@TexasConsumerLaw]

Your employer is free to hire and fire you. But if there is something wrong with your background check then I may be able to help. Please call us and we can review the report.

[@GrizzlyQ45]

@@TexasConsumerLaw I applied for a job got hired and worked the job for about a month then my background check came back they said I had crimes removed? These crimes happen 8 years ago and they’re both misdemeanors. I’ve had x amount of job since 2014 not one job has a problem with it and I never lied about it never tried to hide it. I need some advice on this can truly let me go like that.

[@davidsimmon5594]

Sanderson farm .. did mines but it hadn't came bk yet and I'm sitting without a job almost a month now ..they never Gave me a copy

[@一点一滴学英文]

how background check company verify the previous employment history? I actually ended my previous job at May but I wrote June on my resume. Can the background check discover the discrepency? Thank you!

[@bradsmith4875]

What happens if a company has a 10 year background check policy on felonies but the agency reports something older than 10 years, and it costs you the job? Do you address that with the company's HR department? Also does a 10 year check end at the month or year? For example, would a charge from March 2013 show up in August 2023 on a ten year background check?

[@TexasConsumerLaw]

Brad, great question. So is the 10 year policy at the employer or the background check company? Convictions do not fall off your record. So a BGC that reports them is not a violation. The law in California is different. Assuming you are not in CA, then the BGC can report felony convictions forever. The employer who says that it only looks back 10 years and then goes back further, may have some liability. Give us a call and we'll take a look at the report and see if there is anything we can do.

[@theatells4725]

Do MNC's check personal online background as well ?

[@TexasConsumerLaw]

It depends.

[@robertverdi2194]

What is you list in your resume that you are still at your current Job but left already?

[@TexasConsumerLaw]

Depends on the time frames. Probably not a deal breaker.

[@robertverdi2194]

@@TexasConsumerLaw I left back in January and started a job that was a disaster and left. Thanks for your response and excellent content you provide.

[@robertverdi2194]

It’s giving me a lot of anxiety. Everything else is clean.

[@Nicole-hc7rh]

So after several interviews I was offered a job a new law firm. I’ve been working for one for the last 3.5yrs. The thing is, I accepted the offer, we picked a start date, & I filled out the information today for them to run a background screening. Now - I was not asked during any of my interview processes and I didn’t even think to disclose that about 3yrs ago, I was arrested for public intoxication (my mom passed suddenly and I was at a friends apartment drinking and was sitting outside on the curb at like 3am. by myself, drunk and sad. I just paid the fine like an idiot and now that public intox charge will show up on my background check I’m sure.) so with a start date and with everything else, I’m just not sure how to handle this. Should I reach out to the head of HR who offered me the position? Should I wait to see if they bring it up? Do YOU personally think my offer will be rescinded? I didn’t mislead, they never asked and genuinely just never thought about it until filling out my on-boarding paperwork. I’m so stressed now. It’s not who I am. I don’t even drink socially. I feel like I’m going to be sick over it because I’m supposed to give my 2 weeks notice on Monday.

[@TexasConsumerLaw]

This is highly dependent on state law. Low level courts to not always appear on background checks. In Texas a public intoxication charge is the same level of offense as a speeding ticket. This is a lot less likely to get picked up by a background check than a more serious offense. It may be a good idea to explain it to the HR people to see if it will be a problem.

[@Nicole-hc7rh]

@@TexasConsumerLaw I am actually in Texas! And I’ve been told that low level offenses are unlikely to show up by my current employer. I’m just wondering if it’s too late to tell them now that I’ve already submitted my info to them for the background check. I’ve been offered the job *contingent* on the background check.

[@TexasConsumerLaw]

@@Nicole-hc7rh it may be worth emailing them to say "It slipped my mind but..." Without knowing more it's hard to say. Feel free to call on Monday morning.

[@Nicole-hc7rh]

@@TexasConsumerLaw should I wait until Monday morning? I need to choose my words carefully. How could I explain that it is not a reflection of me and that I was just in the wrong place at the right time? I don’t know how to word that without sounding like I’m making excuses. I really need this job, they’ve already offered it to me above asking price and it would be devastating for it to be taken away for something I was never asked and something that never crossed my mind. I know it feels like you’re giving out free advice here, and you are, but I am panicked over this. My start date is the 25th and I need to give my 2 weeks to my current law firm on Monday.

[@TexasConsumerLaw]

@@Nicole-hc7rh seems like a carefully worded email to your contact there might be best. I doubt anyone would take action until Monday. What do you think is the best way to get your message to the right person?

[@TheDoooburner]

What if I messed up my end date employment? I worked in a restaurant for about 2 years in college and may have put I worked there a extra month or two. Will this hurt me? It was an honest mistake and it was a line cook job. I don’t want to lose my job offer in Finance because of an honest mistake.

[@TexasConsumerLaw]

Duncan, good question. There are a lot of factors that could influence this. How long ago was this job? Will your new employer understand a mistake? Will your background check reflect your employment history correctly? Without more information, you are probably OK.

[@poopididoo1574]

Duncan, have you got the job? I made the same thing right now

[@icemike1]

I've never received a copy

[@TexasConsumerLaw]

Give us a call. Failure to send an adverse action notice is a violation of the law.

[@brandonmiles3025]

I was offered a job at home depot and when my background came back they sent me an email to confirm and explain items on my background. I haven't heard back and I opted for a copy of my background report but never received it

[@TexasConsumerLaw]

Give them a call and ask for it one more time. Once you get it give us a call and we'll go over it with you.

[@brandonmiles3025]

@@TexasConsumerLaw👍🏾

[@gordonsmithjr2801]

Question I live in Missouri I applied for a claims adjuster position got an offer submitted for background through HireRight. I have some past due tax and student loans I am working on. And it’s been 20 years since high I got my GED so I didn’t put that down. I’m freaking out can you help me prepare my brain for what to expect?

[@TexasConsumerLaw]

You probably don't have much to worry about. They normally only do a criminal background check.

[@janjoy9759]

Does the credit report list your previous employers and times you worked there? Or your current employer??? Etc??? Or is background check only credit and criminal info...???

[@TexasConsumerLaw]

Jan, great question. Background checks are the wild west of credit reporting. A credit report from the Big 3 bureaus will list current and some previous employers. It may even have month and year of employment. But a background check that covers previous employment should have more detail. Lots of employers are only checking for criminal history so that is all they get. Others purchase more expensive reports with more information. Only the highest level background checks contain your credit information.

[@keithmorse9716]

Thank you for this information it is detrimental to my sanity let alone my health

[@robinberry4957]

If I didn't have a son I would have f****** killed myself a long time ago. I just got hired today at Nordstrom and it like congratulations cuz I aced the interview over the phone! I have degrees in college and this and that I made a few f****** mistakes making the wrong choices hanging out with people when I was young. And the police knew but they decided oh why don't we just make her a co-defendant I just can't stand this world Satan is running it and I swear to God if I had the opportunity and my son wasn't here I really would kill myself I don't care if I'm in hell already I would f****** kill myself

[@ratedg6736]

I work for a company that is now requiring a credit check even though I already work there. The company is still owned by the same person but is now managed by another company and they require a credit check. Can I loose my job if I dont pass the credit check?

[@TexasConsumerLaw]

Possibly. Give us a call and we can discuss it further.

[@lewis45407]

I have a deferred adjudication on my background and it’s been stopping me from getting a better job. It’s been 3 years since I’ve completed the deferred so I can’t have it “non disclosure” yet. Anything I can do about it until then?

[@TexasConsumerLaw]

Great question. I assume you are in Texas. Check with an expunction lawyer, they may have some ideas. But if there is a wait period, then I don't know how to shorten it or get around it.

[@mikehatten3805]

All u need is your plea record it can stop

[@obrienortega6942]

Hello Mr. Clanton, Question, can any job reject for not having no credit history?

[@TexasConsumerLaw]

Good question. Do you not have a credit history, or where they unable to access it? If you simply do not, then they could take it as an inability to maintain a good credit score. If they couldn't access it, then there may be something bigger going on at the credit bureau level.

[@toughchic5105]

What do you do if you get your background report with someone last name different from yours but they have same social, last four digits are the same.

[@TexasConsumerLaw]

You have a mixed file. I'd love to talk to you about it. Give us a call when you get this.

[@Josytt]

It depends what country - they generally just call your previous employers Hr to verify dates and roles

[@lologhren6002]

My company doesn't have a HR company I worked for a man whose business went out of business.

[@shakiabrayboy3198]

Hi , just wanted to know when working at a gas station. What will the background check look for?

[@TexasConsumerLaw]

Probably just criminal history.

[@brittany1636]

I know someone who applied for employment through a contractor. They didn't send any pre adverse letters or a copy of the background results. But instead called by phone and told him the client that he was presented to didn't want to move forward with him due to the background results. He has a charges that were nolle processed but veriscreen listed it as a felony. He has never been charged, arrested, or convicted of any felonies or any crime whatsoever. How can this be handled?

[@TexasConsumerLaw]

Brittany, there are too many unknowns from what you tell me to give you solid advice. How old is the "nolle processed" charge? What was it for? I'm happy to talk and find out more. Please give us a call at 210 226 0800.

[@jeanieologist4456]

OK it’s not actually a credit report it’s a criminal investigation report they’re listed under the fair credit act because they’re asking you about very personal information like a credit report but it’s a credit report in reference to who you are are you a criminal etc. etc. but it is not a credit report

[@TexasConsumerLaw]

Whatever you want to call it, the entity creating or compiling the report is required to follow the Fair Credit Reporting Act.

[@pinkygirl2481]

Do they check last drawn salary of current employer?

[@TexasConsumerLaw]

Background check companies do not. A potential employer can call a current or former employer and ask what they paid you.

[@GabrielGabe1l]

Exactly i had a Company check my background and they sent me an email on credit consumer report so I emailed them and told them that I never gave them permission to check my credit so that definitely has been an issue with social security , income etc so my employment has besn affected by the court and someone else

[@TrendingHeadlinesTV]

Hi Bill, I have a question. I recently had a conditional job offer to a company and past the criminal background. I was supposed to be starting onboarding the 2nd of Jan. But became too ill to start on the 2nd. The company pushed back my on-boarding one week but I was still too sick to attend on-boarding. I finally feeling able to attend onboarding for Jan. 15th, so I contacted the recruiting department to let them know I can be scheduled for on-boarding for the 15th of Jan.2024. They told me I would have to re-apply to the position because my background check had exceeded their 60 day ‘window’ by one day, Jan. 14th. This does not seem like fair practice since I past all of the background checks. I can not find any resources sighting a 60 day window of a background being valid before an on-boarding. Is this a legitimate policy? Thank you for your help.

[@TexasConsumerLaw]

This is probably ok. The company can set limits on how long they will honor a background check. 60 days seems reasonable. I'm not aware of any cases on this issue.

[@justanotherdayfamily3128]

How far back can they see your criminal record. For me it's been 11 years and they ran a background check and it said it cleared ? I was even shocked I got the job. How is this possible?

[@TexasConsumerLaw]

Depends on where you are and what the employer orders. In most states a conviction will show up for the rest of your life. In California, it's limited to 7 years. Sometimes employers only order back to 7 years, and even if they do, many background check companies will go back further. Congrats on the new job!

[@rasheedwalker1225]

I have new hire orientation august 15 with paragon security and with the background check it includes credit check I only owe 1300, also I have reckless driving on my record. My question is would that deny my security clearance approval?

[@TexasConsumerLaw]

Great question. Owing money is part of having credit. If your report shows you are not behind on payments then you'll be fine. The reckless driving charge may be a problem. We're you convinced? How long ago was it? How serious of a charge is it in your state?

[@HyruleDude]

Do employers or screening companies typically use the work number by Equifax to check employment history ? Is that the go to service ?

[@TexasConsumerLaw]

There are 100s of different background check companies out there. You really can't say what is typically used. Some are small businesses that run out of back offices while some are worldwide international operations.

[@progamerz6408]

I lied about several activities I did in my current company, they are using First Advantage as the system to check my background, the system did asked me when can they contact my employer but are they gonna find out who my manager is and everything I have done in te company? . Are they able to confirm the activities and responsibilities in my current job or Am I saved ?? Please respond 🙏🏼🙏🏼🙏🏼

[@TexasConsumerLaw]

That does not seem good. When an new or prospective employer contacts an old employer, the old employer needs to tell the truth. As long as what they say is true then you can't complain.

[@thomasheckman4283]

Will a suspended driver's license show up at an employee background check? I'm already off probation just waiting till may 3rd to get license back. All fines are paid.

[@TexasConsumerLaw]

Hard to say. Why was it suspended? Were you arrested for driving with a suspended license?

[@thomasheckman4283]

@@TexasConsumerLaw I got arrested for owi. Did my 12 months probation and community service. Paid all fines with the court and bmv. Just have too wait till may 3rd to get it back.

[@TexasConsumerLaw]

@@thomasheckman4283 it may show up especially if you are applying for a job as driver. Most of those positions require driving history check. I don't see driving history checks in any other positions.

[@theagathokakological3052]

I've had five plus jobs last year's 2021. Now I've done a lot of background checks. They usually take a week. But some companies will take four weeks to approve or deny employment. Right I've been waiting three weeks with this one company I really want to work for. It's taking so long that I'm looking for other jobs now and I might tell them never mind at the end of it. I know background checks take 3 to 7 days it's 2022. Everything is digital. This company is full of it. Any company that takes longer is doing some extra stuff and flat out lying about receiving the results.

[@TexasConsumerLaw]

A background check takes a minute to run. Three weeks is too long, but there is no real way to speed it up.

[@danielsmithiv1279]

That's wild. The same thing is low-key happening to me. However, they said my paperwork had vanished during the background check. And then she told me to reapply. Stay strong though.

[@TexasConsumerLaw]

@@danielsmithiv1279 weird. Pull your reports from annualcreditreport.com and make sure you can get all of them. I've been hearing about the bureaus taking people's reports offline lately.

[@MichaelClark-jg3le]

Hi there so I'm going through hireright at the moment . I have a misdemeanor larceny charge of $200 would this show up on the report or are they really looking for felonies ?

[@cristinacristina9350]

Does anyone know if HomeForward hires people that have a Misdemeanor charge from 10 years

[@tonyharrelson9974]

It would seem that you could help a lot of people legally and civilly with suits against the suits.

[@lilmizzije]

if someone passes a criminal, employment and right to work check but for educational is shows that the grades on the certificate do not match whats on the resume can they lose the job? or does it depend on the hiring company or the screening provider?

[@TexasConsumerLaw]

Depends on the employer. Such detail in a background check is unusual.

[@lilmizzije]

@@TexasConsumerLaw the background screening company cross referenced cv and what’s inputted on the questionnaire. The grades on my cv are different to my alevel certificate. Will I lose the job on that basis?

[@TexasConsumerLaw]

@@lilmizzije that's up to your employer.

[@faithfulservant427]

I'm applying for a role in securities as an advisor at BofA. I have recently been a victim of identity theft, and currently have inaccurate data reporting on my consumer report, mainly inaccurate negative payment history and charge-offs. I want to ensure this isn't used against me. According to FINRA Rule 3110(e) [included below] my credit information on my consumer report would not be "reasonable" given it's inaccurate, and the employer would not have my consent or authorization. I submitted an identity theft report to the FTC and a complaint to the CFPB for the inaccuracies. I do not want this information used against me, which is threatening my livelihood. If I submit this to BIG Report, the background check company that BofA uses, will I be able to get hired? I have no bankruptcies. However, FINRA Rule 3110(e) requires a national search only of reasonably available public records. The scope of what is considered reasonably available public records may change over time, but FINRA understands that currently such records include criminal records, bankruptcy records, judgments and liens. This is a minimum or base requirement. A firm may find it necessary to conduct a more in-depth search of public records depending on the applicant's job function, responsibilities or position at the firm. FINRA notes that the public records search requirement does not require firms to obtain a credit report, which contains both public and non-public records. FINRA included a credit report in the list above as an example of a type of document that includes reasonably available public records. FINRA further reiterates that, as is the case with the investigative process, firms must ensure that such public records searches are conducted in accordance with all applicable laws, rules and regulations, including federal and state requirements, and that all necessary approvals, consents and authorizations have been obtained.

[@sakurablack6114]

Hi Bill. I didn't do the background check yet but i did sign the agreement for the company i wanted to work for. Is that something i should be concerned about?

[@TexasConsumerLaw]

Probably not, not sure what the agreement is for, but it sounds like you're off to a good start. Good luck.

[@lillybeanincworkflow9360]

I’ve been denied housing from multiple apartment complexes with no copy even after I requested one … do I have a case?

[@TexasConsumerLaw]

Possibly. Do you know why they denied you? Have you checked your credit report? Sometimes background checks will appear as an inquiry on your credit report.

[@lillybeanincworkflow9360]

I was applying to get an apartment they denied it because of an eviction

[@TexasConsumerLaw]

@@lillybeanincworkflow9360 give us a call we will figure out what we can do to help

[@lillybeanincworkflow9360]

Sounds good I will call first thing in the morning , thank you for the help

[@AmyAmy-qb3eq]

Hi Bill, I recently accidentally sign a offer letter provided by scam company. Is there any legal action follow by it ? thanks

[@TexasConsumerLaw]

Amy, not sure what you mean by a scam company. Did you give them your date of birth or social security number? The first thing that comes to mind for me is identity theft. Keep a close eye on your credit report. If you have any questions give us a call at 210 226 0800.

[@GBooker76]

Bill, I just got a job offer on Friday but I went through a staffing agency to get it. It's a direct hire, so the company I would be working for, will pay me. The staffing agency sent me a background form to fill out. They want me to send them 1 or 2 references from my previous employer. Do staffing agencies usually run extensive background checks or do they just run them to get the bare minimum? The position isn't managerial, so that's why I asked. I asked them if my manager I worked under needed to still be working for my previous employer and they said no. Will that ruin my credibility if I use a reference (ie manager) that no longer works for the company I previously worked for?

[@TexasConsumerLaw]

Probably not. It's more important that they know you than were they currently work

[@jakecapalot3789]

I was recently charged with a state felony. Never arrested, identified or finger printed.. Hired a private attorney and got warrant removed. Still have not gone to court. Will this show up on my background check when applying for a securities position? Very interested in your services.

[@TexasConsumerLaw]

If a case was created in the court system then it will show up. They pull court databases and other public records. Since there was a warrant it sounds like there is probably a record out there in a public database.

[@RoseMatt-vl9uc]

I have a class a and im still going to court for it will it effect me

[@TexasConsumerLaw]

Not sure. Did you tell them you were finished?

[@AFutureLegend]

Will my credit freeze that I just un freezed temporarily effect the background that a new employee is going to conduct on me? I have excellent credit. I just froze it to protect myself.

[@TexasConsumerLaw]

It should not. It depends on whether they are doing a credit check as part of the the background check. Not all jobs require this, some just do criminal history and/or public records search.

[@AFutureLegend]

@@TexasConsumerLaw thank you!!! Is it. Good idea to freeze and un freeze credit? Or should I just permanently Un freeze it? I guess that’s up to me huh…

[@TexasConsumerLaw]

@@AFutureLegend it is...most people don't lock it down. Unless you suspect something is going on then it's probably not necessary. Keep an eye on it with Credit Karma and get a copy from annualcreditreport.com if something comes up.

[@pierer5559]

I mistakenly forgot to add my two recent positions on my background check report. They were short stints and I left on good terms. One was an internship. Will this get me in trouble or can they just pull up the history and CALl them themselves? I have nothing to hide, just forgot to add in these jobs and there’s a gap on my background

[@TexasConsumerLaw]

It depends on the employer. Probably not a big deal.

[@unwujoh]

🔝👆

[@Dbink88]

OK but they ask for the last four of your social, so how are they going to get you mixed up with a different Jon Smith?

[@TexasConsumerLaw]

Just because they ask for it does not mean that they use it. Most only use first name, last name, and DOB. Lots of background check companies buy data from third parties, these third parties don't always get all the search info. Also, criminal records don't usually contain SSNs.

[@Dbink88]

@@TexasConsumerLaw gotcha. Thank you for your reply and for the explanation!

[@drewhour]

Could I get rehired at a company that I am non-eligible for rehire at? By reapplying with a nickname or using a new email? What do they use to determine that?

[@TexasConsumerLaw]

Probably not.

[@drewhour]

@@TexasConsumerLaw Is there any way to work around that? How would they know it’s me? Should I used a nickname and a new email?

[@TexasConsumerLaw]

@@drewhour it's hard to say. If you were previously employed, they they have your SSN. If you apply again, they will match them up. If they've ever seen your face then they'd probably recognize you.

[@drewhour]

@@TexasConsumerLaw it’s a massive airline. It didn’t get fired but I was placed on non rehireable because I resigned on a leave of absence. Wouldn’t they collect my SSN after a job offer?

[@TexasConsumerLaw]

@@drewhour I don't know when in their hiring process they would collect your SSN. But when it does, they'll figure it out.

[@tatyanawadley1449]

Do employers verify job titles when doing a background check?

[@TexasConsumerLaw]

Sometimes. Depends on the employer, the background check company, and the kind of background check they ordered. Your employer can always call your old job and ask.

[@CarrieBiggerstaff]

If it’s over 7yrs old then can you legally say no on the application that you have never been convicted of a crime?

[@TexasConsumerLaw]

It depends. A conviction lasts forever. An arrest or dismissed charge lasts 7 years.

[@oliversmith7902]

Does this type of sniffing around harm one’s credit score?

[@beasaroze5596]

Why are they checking my credit. I thought the check as to find any criminal issues

[@TexasConsumerLaw]

Depends on the position and the company where you are applying.

[@b.g.udayakumaruday1058]

Hello Sir I am likely to receive an offer from a banking institution. The role is HR advisor and the requirement is to have a degree or diploma in HR management. To land the job I have mentioned in my resume that I have a degree in HR but my actual degree is a Master's in engineering so am worried will affect my background check. Any leads would be appreciated.

[@EddieSpaghetti07]

Hi Can a future employer - Human Resources ask you to send them a W2 form or paystubs from previous employers just because they were not able to verify that information due to the fact that those places i used to work for , have been permanently closed, Can they do that in the state of California ? Thanks in advance

[@TexasConsumerLaw]

I am not a California lawyer, but in general a prospective employer can ask for things like that.

[@EddieSpaghetti07]

@@TexasConsumerLaw ah ok , Thanks for the information. I was under the impression that they cannot ask about your salary and some states even have that law that says that they cannot ask for either one. But for CA , i dont seem to find the information about the W2, for sure they cant ask for your previous salary.

[@showbizgwoponese8855]

I have felonies from 5 yrs ago but when jobs run a background on me i cant get the job

[@TexasConsumerLaw]

Unfortunately, there is no time limit on convictions.

[@Euank]

I was fired from a job for what were false allegations of harassment and threats when my background check talks to that company are they allowed to disclose why I was fired? I don’t want this false accusations to ruin my future career

[@shellywilliams6604]

Hey I live in NY that has the 7 year look back rule the background check company reported my conviction that was 21 years ago when I was a minor I am not sure why I am being discriminationed against because of this do I have grounds for a dispute.

[@TexasConsumerLaw]

Shelly, great question. You bring up a couple of good points. State laws and background checks and convictions when you were a minor. I'll have to do some quick research on NY law. Whether it or the FCRA controls depends on when the law was enacted. Criminal convictions when you were a minor do not seem like they should come up. I'll do some research there too. Give us a call at 210 226 0800 and we can talk about some of the details.

[@solomonbradford1302]

I denied employment because of a police no charges were filed what can I do.

[@TexasConsumerLaw]

Was the report part of a background check? Which background check company ran it? How old is the police report?

[@Nicole-gb4ze]

What if my credit report is locked up? My husband locked it up because of identity theft issues.

[@TexasConsumerLaw]

You should be able to unlock it. Call the bureaus and ask them what they need.

[@Nicole-gb4ze]

@@TexasConsumerLaw Thank you! I already gave HireRight permission to do a background check on me. Let's see how it goes! My new employer requested. I have a question. On the form, they asked if they can contact my current employer only at the first slot. The other previous jobs there is no question about getting permission to contact them. Does it mean they will contact the rest of my past employers too?

[@Nicole-gb4ze]

@@TexasConsumerLaw Once I list all of my previous employers do they find out other employers or only the ones that I listed?

[@TexasConsumerLaw]

@@Nicole-gb4ze they will most likely be able to see all of your previous employers.

[@Nicole-gb4ze]

@@TexasConsumerLaw Thanks. I was hoping they don't call everyone but oh well.

[@biggomega5502]

Is it legal for a background check company to report pending charges to an employer in Texas?

[@TexasConsumerLaw]

Yes, they can report arrests and pending charges. Up to 7 years after they are dismissed. If you were not convinced, then get them expunged. That will keep them from appearing anywhere.

[@kierawhite6264]

Would a pbj get me eliminated fora job on a job background check

[@TexasConsumerLaw]

Pbj?

[@SunnyandNova]

Why do they do a background check and a credit check then? Not saying your wrong at all just a question

[@stuartbrown3229]

I think it’s incase you are working with cash

[@1208MD]

What states are allowed to ask a candidate for a SSN or date of birth at the time of applying?

[@TexasConsumerLaw]

Not sure off the top of my head. They can ask for anything, but you don't have to fill it in.

[@1208MD]

@@TexasConsumerLaw In Massachusetts you can't. I mean I guess they could, but they passed a law a while back that you can't ask for that information before an offer has been extended. Also in MA, you can't asked for current salary, only salary requirements/expectations. Was just interested in states that are still able to ask for specifically DOB at the time of applying. I feel like there could be some issues with calling out age discrimination if not selected for a position someone is qualified for.

[@TexasConsumerLaw]

@@1208MD in order to prevent child labor, or hiring someone who is under age, you can probably ask for a DOB. Also, once you are hired expect your employer to request all of this information.

[@ausj3942]

Are they checking your actual credit report?

[@TexasConsumerLaw]

Depends on the company and position.

[@brentonnaidoo1644]

Hi there great content, appreciate all your advice, please could you enlighten me on my situation I've done my interview I was called to do a background check including fingerprints, the previous jobs I was getting paid via cash payments also I just graduated recently, it is for an entry level position at a bank, I have no credit or debt, could you please provide any suggestions.

[@TexasConsumerLaw]

They are probably running your prints through a criminal background check. Possibly with the FBI.

[@abdulraoof7068]

Hi. How are sir. I am from Pakistan, and I have received an job offer letter from a USA base company for a freelance job with i9 form and EMP I'd. But they are also demanding shipment fee for company working appratus. I want to confirm my job is this real and fake. But I can not find the right way to verify. I

[@TexasConsumerLaw]

Have you looked them up on the Secretary of State's business records search for the state where they are incorporated? Start there. Look up the addresses you find and make they are not UPS stores or PO Boxes. There is no guarantee, but that should give you a better idea.

[@davidr4911]

so what if i have quit or left multiple jobs in less than a year would that negatively affect my chances of being hired is that information something employers can look at in other words how can i fix a bad record

[@TexasConsumerLaw]

Good question. Employment history is not always a big part of a background check. Employers are not like banks who report everything. Also, your new employer may only be screening for criminal history. But if your employment history is reporting on your background check then it will take time to come off. Generally speaking information comes off background checks and credit reports after 7 years.

[@davidr4911]

@@TexasConsumerLaw Thanks

[@SRT3921]

Can someone help me ... I applied for a few job I have 2 things on my record the 7 year mark was 11/7/2021 I got the reports back and they are still coming up on my record they ran a 7year search so can someone tell me why they are still showing up after the years ????

[@TexasConsumerLaw]

Some background check companies say "7 year" and go back much further. Did you get a copy of the background check?

[@buckeyegordon]

Hi Bill I was charge with 2 felonies I plea guilty to a Misdemeanor the other felony was as if never happen. My question if a background check was done on me would the felonies still show up

[@TexasConsumerLaw]

Great question Gordon. Since the felonies were reduced to misdemeanors then the felonies should only be on there for 7 years. The misdemeanor convictions.can stay on forever. This is from my recollection of 15 USC 1681c. Take a look at it.

[@kevinkev9996]

I had a similar situation one felony dismissed and the other reduced. I think you still have to expunge the dismissed felony

[@TexasConsumerLaw]

Yes, a dismissed case can, in Texas, be expunged after the statute of limitations has passed. Can't comment on other states.

[@jonliberato4239]

Anyone who can answer this question in Texas.. a job refused my employment because of a 20 yr old felony.. they can’t do this or can they? And what can I do to get this job i really want it ..

[@TexasConsumerLaw]

Jon, good question. A felony conviction can stay on your background check forever. Some background check companies say they only go back 7 but pull up older information. Not sure if this happened to you.

[@jr.moreno368]

I’ve just been laid off from my job a little over a week ago and just received an offer from another job that I’m very interested in, but I have a Class A Misdemeanor that happened exactly 3 yrs ago in April 2020 for an assault on a family member, but was recently dismissed in Oct of 2022. I was told to wait 4-5 months to submit an expunction, and last month I contacted the law firm to get this started however, with this job coming in to play. Do you believe this could potentially affect me getting hired? They never asked me any sort of criminal background questions during my interview.

[@TexasConsumerLaw]

Always a possibility. Get the expunction as soon as you can.

[@jeanieologist4456]

If you were not convicted of the crime, they only care about convictions not whether or not you’ve been charged or whether or not you have charges pending so I wouldn’t even worry about it at all it’s not gonna affect you

[@rpverdi]

Hi Bill, I was offered a job contingent on a background check. I said I was still working but I’m not. I left the job and started a new position but after 3 months. I did an Equifax check and this came up. Am I screwed? Is there anything I can do? Thanks in advance.

[@TexasConsumerLaw]

The Equifax report said you were working or not? Whether it's a deal breaker is up to your potential employer.

[@rpverdi]

@@TexasConsumerLawThe check said I was not working.

[@TexasConsumerLaw]

@@rpverdi If its an issue with your employer you can show paycheck stubs. You can also dispute it with Equifax using these stubs.

[@twinsweare2]

I had a background check completed and was provided a copy that shows nothing on my record. Still, it's been difficult to find work.

[@JF-rz3rh]

Employers deny people the job that have good credit and clean backgrounds too unfortunately.

[@kkw_5828]

Hello! I recently completed an on boarding process for a gig app called Blue Crew. I’m aware they have a background check process and I’m worried that I won’t get accepted. Reason being is because years ago when battling with homelessness, I received a few charges for retail theft. I’ve successfully completed probation per my state Ramifications and haven’t had any run ins with law enforcement within the last 5 almost 6 years this coming April. Will background checks for gig work apps (non delivery) detect this and hold these charges against me even though it’s been between the 5-7 year marks?

[@TexasConsumerLaw]

If the background check is the reason that you do not get the job, then they are required to send you an adverse action notice and a copy of the report. It's hard to say much about whether it will be picked up or not. Lots of background check companies look back farther than 7 years. Some do not. Good luck. Let me how it turns out for you.

[@Montanaroads]

Best of luck.. something like that I personally would be up front with the company. But then again today everybody has a corporate mindset and nobody puts in the human touch. I had my own trucking company until 2016 when I sold it off. I appreciated honesty from a candidate more than anything. I was at homeless drug addict at one time and I know the struggle. Do the right thing never hide nothing and be proud of who you are and be proud of what you've been through and don't ever duck your head to anybody. Those scars you have those are battle wounds because you're a fucking soldier lol. Much love and respect

[@VegasD702]

Get it expunged and it won't show

[@yodambomb4974]

It’s PeopleReady you’ll be fine

[@mrtwister9002]

@@TexasConsumerLaw I was fired from my job on promotion to supervisor. I passed the first check when I started there. . But when promoted (about a year later) I didn't pass the second one. They never sent me an adverse action letter and they didn't give a copy of the report that THEY used to fire me. I received a copy but it didn't have the charge that they fired me for. In Minnesota I can request a truthful reason for my termination, this is MN statute. They never sent that either.

[@noturmomma]

I have this on 1.5x speed and it’s still slow and long lol ❤ imagine if it was on normal all love thanks for the video

[@cinemaipswich4636]

Can you ask the agency for a list of people/companies that they have sent "your" background check to? HR departments are notorious for constantly advertising for jobs that don't exist yet. They want a list of available people to hire, should someone need be replaced. That is why "employment advertisements" - vacancy statistics are crap.

[@TexasConsumerLaw]

Yes, you are entitled to know who gets a copy of your background check. But in order for someone to get your background check, you have to provide written authorization. HR departments can not run a background check on you without your knowledge and approval.

[@JoseGomez-zg3tm]

I applied for this job and asked me if I have been arrested misdemeanor or felony and I put yes 10 years ago and the 3rd party background the courts I can’t give them any info about me and I didn’t get hired

[@TexasConsumerLaw]

Sorry to hear it. Was the background check inaccurate?

[@ClayMastah344]

Some background checks only go back 7 years

[@TexasConsumerLaw]

@@ClayMastah344 yes and some claim to only go back 7 years, but actually go back further.

[@davidsimmon5594]

My job requested one but it hasn't came bk yet been 3 weeks now .. I had old fines minor ..do u think that's the reason

[@stephenjacobs8500]

HireRight just reported an expunged offense of mine even though I supplied them with a copy of the expungement document directly after completing the application. To top it off, they told me to upload the document so this wouldn't happen. You can't get much more incompetent, inaccurate, and irresponsible than that. I haven't heard back from the company that I'm applying for yet, and I'm not sure if they've seen the report since it was just released. HireRight needs to be stopped! They are ruining it for people that have turned their lives around, and who deserve a chance to become successful.

[@TexasConsumerLaw]

Stephen, sounds typical for any background check company. Give us a call and we can discuss next steps.

[@antwanwimberly1729]

I hate HireRight

[@Nicole-gb4ze]

I applied to a childcare job recently and they are using HireRight to do a background check. I lied about my BA which has nothing to do with my job. I have an AA degree that has to do with my line of work in early childhood. Should I not list the BA on HireRight? It is on my resume.

[@tiffanysgottimetoday4589]

@@Nicole-gb4zewhat did they do? I’m going thru the same thing with them

[@Tiki.]

Sir what is a statewide document

[@TexasConsumerLaw]

Not sure. Where did you see it? Did I use that term?

[@Tiki.]

@@TexasConsumerLaw no you didn’t, I’m doing a record check and it’s asking for that that’s all it says statewide document

[@TexasConsumerLaw]

@@Tiki. Not sure. I guess it means any document from your state.

[@Tiki.]

@@TexasConsumerLaw thank you

[@prt5881]

Can you let us know the employment history databases that you know of, other than The Work Number, so I can freeze or opt out? Awesome video you have a new follower.

[@TexasConsumerLaw]

Thank you. Great question. The CFPB keeps a list of all the credit bureaus that it knows of. There are some established players in the background check industry, but there are plenty of small regional players too.

[@prt5881]

@@TexasConsumerLaw there should be a way of blocking all your information or at least per category of information from just one place.

[@prt5881]

@@TexasConsumerLaw thank you so much for the information.