Consumer Rights

Your Rights When Undergoing a Background Check Conducted Through Personnelgraph


Personnelgraph provides background screening services to employers in compliance with the Fair Credit Reporting Act (FCRA) and applicable state and local laws. If your current or prospective employer has requested a background check on you, you have legal rights designed to protect your privacy, ensure accuracy, and give you the opportunity to dispute incorrect information.


This page explains your rights under federal law and your additional protections under certain state laws. These rights apply whether you are a job applicant, current employee, contractor, or volunteer undergoing a background check.

1. Your Rights Under the Federal Fair Credit Reporting Act (FCRA)


Under federal law (15 U.S.C. § 1681), you have the right to:


A. Receive Notice and Provide Authorization
Your employer must provide you a clear, stand-alone written disclosure stating that a background check may be obtained.
Your written authorization must be obtained before any screening is performed.


B. Receive a Copy of Your Report
You have the right to request a copy of the background check report that was used to make an employment decision.


C. Be Notified Before Any Adverse Action
If an employer plans to take adverse action (such as denying employment, withdrawing an offer, or termination) based in whole or in part on your background report, they must:
Provide a Pre-Adverse Action Notice
Include a copy of your report
Include a copy of the “Summary of Your Rights Under the Fair Credit Reporting Act”


D. Dispute Inaccurate or Incomplete Information
You have the right to dispute incorrect or incomplete information in your report.
Personnelgraph must investigate your dispute free of charge.
Incorrect or unverifiable information must be corrected or removed.


E. Obtain Additional Disclosures


You have the right to know if information in your report led to denial of employment.
You are entitled to one free copy of your report per year from each consumer reporting agency, or additional free copies if adverse action was taken.


2. How to Dispute Your Background Report


If you believe that any information in your report is inaccurate or incomplete:
Contact Personnelgraph Immediately using the information provided in your pre-adverse notice or by emailing:
disputes@personnelgraph.com
Provide:
Your full name
Reference / Report ID (if provided)
A detailed description of what you believe is incorrect
Any supporting documentation
Investigation Timeline:
Personnelgraph will investigate your dispute, typically within 30 days or sooner.
If the information is found to be inaccurate, we will correct it with all relevant parties.
You will receive an updated report and the results of the investigation.


3. Your State-Specific Rights


Certain states provide additional protections beyond federal law. These may include limitations on what records may be reported, shorter reporting time limits, and expanded rights to receive copies of your report.
Below is a summary of additional rights in states with enhanced consumer protections.


California
You have the right to request a free copy of your background report from the screening agency.
Employers must provide a separate state-specific disclosure and obtain your authorization.
Under the California Investigative Consumer Reporting Agencies Act (ICRAA), you have additional privacy protections.
If adverse action is considered, you must be given time to respond and explain circumstances.


New York
You are protected under the New York State FCRA and Article 23-A.
Employers must consider factors of rehabilitation before denying employment based on a conviction.
If you are in New York City, additional rights apply under the Fair Chance Act.


Minnesota
You have the right to receive a free copy of your report if an employer requests one.
You must be informed if information in your report will lead to adverse action.
Employers may only request a background check after you have been selected for an interview or conditional offer.
Washington State
Employers must notify you if a consumer report is used for employment purposes.
You have the right to request a copy of your report and to dispute inaccuracies.
Criminal records older than 7 years may not be reported unless your salary will exceed the legal threshold.


Oklahoma
Your written consent is required before any screening.
Certain expunged, sealed, or deferred records cannot be used in employment decisions.


4. States with Additional Regulations


Other states that offer expanded consumer rights include (but are not limited to):
Illinois: Limitations on use of credit history; additional notice requirements
Texas": Requires disclosure and authorization; may limit reporting of sealed and expunged records
Florida: Limits use of certain criminal records for licensing and employment
Colorado: Strict ban-the-box rules; restrictions on use of arrest records
New Jersey: Fair Chance in Hiring Act restricts inquiries prior to conditional offer
Massachusetts: Prohibits reporting of certain non-conviction data and older misdemeanor convictions
Georgia: Certain records automatically restricted under “Second Chance” laws


Personnelgraph will automatically identify state requirements based on your location and ensure compliance.


5. Your Right to File a Complaint


If you believe your rights have been violated, you may file a complaint with:
Consumer Financial Protection Bureau (CFPB)
www.consumerfinance.gov/complaint
Or contact your state attorney general’s office.