What can I do if I was denied construction employment because of a background check?

An employment background check conducted by a third-party screening company (not the employer) is subject to the Fair Credit Reporting Act. As a construction job seeker, you can dispute information with the screening company just like you would with a credit bureau. If an employer turned you down because of something in your report, you should have received a letter along with instructions on how to get your report and how to dispute inaccuracies.

This process only applies to companies that perform screenings for construction employers. If the employer, for example, checks public records itself and finds something about you on its own, you do not have the same rights under the FCRA. So, the important question is, who did your background check. You may also want to check public records yourself by going to the local court that provided the information to the background check company. See what the official court record says. If it's wrong or incomplete ask the clerk of court how to make corrections.

State laws may offer greater rights when it comes to obtaining public record information used to make an employment evaluation. For example, a California employer that obtains public record information, from any source, must give the employee or job applicant a chance to receive a copy of public records.