The disclosure cannot be buried in the fine print in an application. A signed release is required before checking records such as criminal convictions or pending criminal cases, driving records, credit reports, or educational credentials. An additional notice is required when a background firm checks references, such as asking previous employers about job performance. If an employer intends to deny employment based upon information in the report, the job applicant must receive a copy of the report and a notice of legal rights. If an applicant believes the information is wrong, the applicant can inform the screening agency, which must remove or correct inaccurate or unverified information.
Applicants have the right to inspect their files.
However, if the employer discovers that information through a third party, then the lack of honesty may be the reason for not getting the position.