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When a third party compiles a report, the FCRA requires (1) that you are notified that an investigation may be performed, (2) that you are given the opportunity to consent, and (3) that you are notified if information in the report is used to make an adverse decision about you. The term ICR does not include credit reports. But, you certainly want to know that the information the employer receives is accurate, complete, and not misleading. Despite the definition, an expunged record does not necessarily mean that all traces of an offense sf background check will disappear from the courthouse and/or from the Internet web sites of information brokers.

Before seeking legal help or contacting a mediator, remember that both California law and the FCRA have built-in measures for resolving disputes. For more on employment background checks under the FCRA, see the Federal Trade Commission publication, Using Consumer Reports.

If the employer decides, for example, to fire you based on something that turned up in public records, you are still entitled to a copy of public records - even if you once said you did not want a copy. You have the right in California to get a copy of public records an employer gathers in the process of checking your background.

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