Checkr Background Check Dispute: What You Need To Know
This article explains the Checkr dispute process, helping consumers understand when, why, and how to dispute errors in their background reports. Not every inaccuracy needs to be challenged, as some information should be reported correctly by default. If your Checkr report includes mistakes that affect you, don’t miss the opportunity to sue for compensation.
Dispute Your Checkr Report Without Being Bound by an Arbitration Agreement
Avoid arbitration at all costs. Many companies today have arbitration agreements, and Checkr is no exception. Checkr’s Terms and Conditions include a forced arbitration clause, which can be problematic for consumers seeking financial and emotional compensation through a lawsuit. If a consumer at some point accepted the Terms and Conditions it means that the consumer also agreed that any claims that arise against Checkr would be filed in arbitration with the American Arbitration Association. Arbitration is less favorable for consumers because it gives Checkr an advantage, allowing them to evade full accountability or significantly reduce the compensation they owe. Additionally, cases that go to arbitration often take much longer to resolve than a typical FCRA lawsuit.
Avoid Logging into Your Checkr Candidate Portal.
As soon as you attempt to log into your Candidate Portal, Checkr will prompt you to accept their Terms and Conditions, including the arbitration clause. Once you accept, Checkr gains the ability to push you into arbitration, which can limit your compensation and extend the time it takes to correct mistakes on your report.
Obtain your Checkr Reports By Email.
Of course, you'll need to review your reports to understand what went wrong and identify which information was reported inaccurately. Fortunately, Checkr typically sends background reports via email. Before logging into your Checkr Candidate Portal, double-check your inbox - your report may already be there, along with an adverse action notice that details which specific records may have caused you to fail the background check.
If for some reason Checkr did not send you the report by email you can send them a request at system.disputes@checkr.com or legal@checkr.com. You need to include your personal details, such as full name, date of birth, and last 4 digits of your SSN, and request the report or a full disclosure of your consumer file. This way you will be able to avoid Checkr’s arbitration agreement.
Dispute Checkr Report By Email.
Just like requesting your background reports, you can also file a Checkr dispute via email. Disputes can be submitted to system.disputes@checkr.com or legal@checkr.com. To help Checkr locate your report, you’ll need to provide your personal details and clearly describe the mistake. If necessary, you can also attach supporting documents to strengthen your case.
Checkr Arbitration Opt-Out.
If you've already logged into your Candidate Portal or filed a dispute via Checkr's website, it means you've accepted the arbitration clause. However, you may still have a chance to avoid arbitration. If it's been less than 30 days since you first logged into your Checkr Candidate Portal, you can send an Arbitration Opt-Out request to Checkr via email at arbitration@checkr.com. As with dispute submissions and report requests, you'll need to provide your personal details and include a clear statement requesting to permanently opt out of the arbitration agreement. Be as clear as possible in your statement and make sure to specify that you wish to permanently opt out of arbitration to avoid any misunderstandings in the future.
Unfortunately, consumers who accepted the arbitration agreement more than 30 days ago will not be able to opt-out. Even if they file an FCRA lawsuit against Checkr, the case will likely go to arbitration. However, this does not mean you won’t get compensated or that your report will never be corrected. While it may take some time, an experienced background check attorney who is familiar with the arbitration process may still be able to secure a satisfying outcome for you.
Consult a Background Check Attorney Before Initiating a Checkr Dispute
Before filing a dispute with Checkr, it's a good idea to consult with a background check attorney. They can guide you through the process, help you understand your rights, and ensure you're taking the most effective steps to resolve inaccuracies in your report. The main purpose of such a consultation is to determine whether your rights have been violated or if Checkr’s reporting complies with the Fair Credit Reporting Act regulations, and whether there’s a possibility that Checkr could violate the FCRA in the future. An attorney can help clarify if there are grounds for legal action and provide guidance on the best course of action moving forward.
What Does Checkr Background Check Show?
Criminal Records.
While some background check agencies may verify your education, review your credit report, and even include information from social media, Checkr’s reports are typically more straightforward and to the point. Technically, Checkr will display any and all criminal cases that haven't been expunged or sealed, regardless of how long ago the consumer was charged. Only dismissed cases should be removed from the report after 7 years from the date filed. Checkr also organizes the reports into sections, showing separate records from county courts, district courts, superior courts, the sex offender registry, and the global watchlist - although all of these are criminal records. Typically, Checkr will not pull your credit, verify your education, or report civil cases.
Driving Record.
Another section of your report will be dedicated to your driving record. Checkr will display everything on your official DMV record from the Department of Motor Vehicles, including your current license status and any history of suspensions. If your driver’s license has been suspended multiple times, you may risk losing the job you applied for, even if your license is currently valid. Not to mention, it will also show the history of your traffic tickets, accidents, and other violations, such as expired plates and even illegal parking tickets. If you want to clear your Checkr report of old traffic tickets, you may need to reach out to the Department of Motor Vehicles (DMV) and request them to purge your record.
Tip: Your criminal Checkr report and MVR Checkr report may come in two different reports or as one, pay attention to the contents of the first page of your report.
How Far Back Does Checkr Background Check Go?
If you ask an FCRA paralegal, the most probable answer would be "forever." Under the Fair Credit Reporting Act, any criminal conviction can remain on a consumer's background check indefinitely. The only way to remove old convictions is to have them expunged or sealed through the court, and then dispute your Checkr report by providing the expungement order.
Criminal cases that were dismissed or dropped, however, cannot stay on the consumer’s report forever. They must be deleted automatically after 7 years. If they aren’t removed, the consumer has the legal right to sue Checkr for false reporting. In this situation, a dispute may not be necessary to file a lawsuit.
Tip: Some state laws may prohibit the reporting of old convictions or prevent employers from terminating employees based on these records. It’s important to be aware of your state's specific regulations, as they may offer additional protections.
If you still have questions about how to dispute your report or which records should be reported accurately, feel free to explore other articles on our blog or reach out to us for a free consultation and case review. Speaking with an FCRA paralegal before initiating communication with Checkr can save you time and help avoid stress in the future.
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DoorDash, Uber Eats, Instacart, Amazon, Grubhub… The delivery workers are being deactivated from their accounts due to the mistakes on their criminal reports produced by Checkr Inc.