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anonymous complaint background checking


anonymous complaintHow should I address a non-violent criminal record when applying for jobs?Background check problem - mismatched previous employment datesBackground check for proprietorship registration date vs employment dateEntering the professional workforce with a criminal recordAsking status of background checkjob offer contingent on background checkFinancial Institution Background CheckIssue with background check discrepancy and Interview/Resume and LayoffIssue with background check, what to doSuper anxious about background check






.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;








5















I got a job offer in a reputable company in USA. I have gone through background investigation (within USA and my home country-India) and everything was cleared and I was reported to be eligible. But still my company security department did not give me security clearance, so my recruiter is unable to proceed with my start date. The security department claimed that they found a criminal history against my name in India reported by an anonymous party. Also they noted that charge to be a pending one, and that is why the background agency could not find it (India does not report pending charges, according to them; I have no clue). One of the investigator of my company called me and asked about this stuff and I answered a straight 'NO' as I have no clue about any of the above. She noted down my points and told me that she will discuss with legal team and will let me know the decison about clearance. My question is, how serious is the situation? Will I end up losing the job for no reason? And what can I do in this circumstance?










share|improve this question



















  • 5





    If you were charged you would know about it. If you weren't charged and it was just a complaint it wouldn't show up on your record (unless you were applying to become a cop or something). Something isn't adding up here.

    – solarflare
    May 23 at 1:33






  • 1





    Thank you for your reply. Actually I went through the background verification and my employer told me that the agency got a anonymous criminal charge against my name in my home country. I am shocked that's why as I cannot remember of anything like that. My employer told me that they will let me know their decision, but I am really worried if they will end up taking back the offer as a criminal report has been shown up (though that is false).

    – Bean
    May 23 at 1:47






  • 18





    Is it possible you have a common name and they have you mixed up with someone else? +1 That it seems odd a complaint (no charges) shows up on your criminal record.

    – jcmack
    May 23 at 2:10






  • 6





    So you're saying in India you can file a complaint against ANYONE, they won't even know or be able to fight against it and they get a criminal record? This can't be right, your story doesn't add up

    – Twyxz
    May 23 at 6:30






  • 4





    " I don't remember any such case in my entire life." You don't remember? That sounds like a weak statement, like it could be true you actually did it. I would voice a stronger denial if you are certain this never ever happened (I mean hurting a female, not having a criminal charge)

    – Sabine
    May 23 at 8:38

















5















I got a job offer in a reputable company in USA. I have gone through background investigation (within USA and my home country-India) and everything was cleared and I was reported to be eligible. But still my company security department did not give me security clearance, so my recruiter is unable to proceed with my start date. The security department claimed that they found a criminal history against my name in India reported by an anonymous party. Also they noted that charge to be a pending one, and that is why the background agency could not find it (India does not report pending charges, according to them; I have no clue). One of the investigator of my company called me and asked about this stuff and I answered a straight 'NO' as I have no clue about any of the above. She noted down my points and told me that she will discuss with legal team and will let me know the decison about clearance. My question is, how serious is the situation? Will I end up losing the job for no reason? And what can I do in this circumstance?










share|improve this question



















  • 5





    If you were charged you would know about it. If you weren't charged and it was just a complaint it wouldn't show up on your record (unless you were applying to become a cop or something). Something isn't adding up here.

    – solarflare
    May 23 at 1:33






  • 1





    Thank you for your reply. Actually I went through the background verification and my employer told me that the agency got a anonymous criminal charge against my name in my home country. I am shocked that's why as I cannot remember of anything like that. My employer told me that they will let me know their decision, but I am really worried if they will end up taking back the offer as a criminal report has been shown up (though that is false).

    – Bean
    May 23 at 1:47






  • 18





    Is it possible you have a common name and they have you mixed up with someone else? +1 That it seems odd a complaint (no charges) shows up on your criminal record.

    – jcmack
    May 23 at 2:10






  • 6





    So you're saying in India you can file a complaint against ANYONE, they won't even know or be able to fight against it and they get a criminal record? This can't be right, your story doesn't add up

    – Twyxz
    May 23 at 6:30






  • 4





    " I don't remember any such case in my entire life." You don't remember? That sounds like a weak statement, like it could be true you actually did it. I would voice a stronger denial if you are certain this never ever happened (I mean hurting a female, not having a criminal charge)

    – Sabine
    May 23 at 8:38













5












5








5


1






I got a job offer in a reputable company in USA. I have gone through background investigation (within USA and my home country-India) and everything was cleared and I was reported to be eligible. But still my company security department did not give me security clearance, so my recruiter is unable to proceed with my start date. The security department claimed that they found a criminal history against my name in India reported by an anonymous party. Also they noted that charge to be a pending one, and that is why the background agency could not find it (India does not report pending charges, according to them; I have no clue). One of the investigator of my company called me and asked about this stuff and I answered a straight 'NO' as I have no clue about any of the above. She noted down my points and told me that she will discuss with legal team and will let me know the decison about clearance. My question is, how serious is the situation? Will I end up losing the job for no reason? And what can I do in this circumstance?










share|improve this question
















I got a job offer in a reputable company in USA. I have gone through background investigation (within USA and my home country-India) and everything was cleared and I was reported to be eligible. But still my company security department did not give me security clearance, so my recruiter is unable to proceed with my start date. The security department claimed that they found a criminal history against my name in India reported by an anonymous party. Also they noted that charge to be a pending one, and that is why the background agency could not find it (India does not report pending charges, according to them; I have no clue). One of the investigator of my company called me and asked about this stuff and I answered a straight 'NO' as I have no clue about any of the above. She noted down my points and told me that she will discuss with legal team and will let me know the decison about clearance. My question is, how serious is the situation? Will I end up losing the job for no reason? And what can I do in this circumstance?







job-offer united-states india






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 34 mins ago







Bean

















asked May 23 at 0:54









BeanBean

294




294







  • 5





    If you were charged you would know about it. If you weren't charged and it was just a complaint it wouldn't show up on your record (unless you were applying to become a cop or something). Something isn't adding up here.

    – solarflare
    May 23 at 1:33






  • 1





    Thank you for your reply. Actually I went through the background verification and my employer told me that the agency got a anonymous criminal charge against my name in my home country. I am shocked that's why as I cannot remember of anything like that. My employer told me that they will let me know their decision, but I am really worried if they will end up taking back the offer as a criminal report has been shown up (though that is false).

    – Bean
    May 23 at 1:47






  • 18





    Is it possible you have a common name and they have you mixed up with someone else? +1 That it seems odd a complaint (no charges) shows up on your criminal record.

    – jcmack
    May 23 at 2:10






  • 6





    So you're saying in India you can file a complaint against ANYONE, they won't even know or be able to fight against it and they get a criminal record? This can't be right, your story doesn't add up

    – Twyxz
    May 23 at 6:30






  • 4





    " I don't remember any such case in my entire life." You don't remember? That sounds like a weak statement, like it could be true you actually did it. I would voice a stronger denial if you are certain this never ever happened (I mean hurting a female, not having a criminal charge)

    – Sabine
    May 23 at 8:38












  • 5





    If you were charged you would know about it. If you weren't charged and it was just a complaint it wouldn't show up on your record (unless you were applying to become a cop or something). Something isn't adding up here.

    – solarflare
    May 23 at 1:33






  • 1





    Thank you for your reply. Actually I went through the background verification and my employer told me that the agency got a anonymous criminal charge against my name in my home country. I am shocked that's why as I cannot remember of anything like that. My employer told me that they will let me know their decision, but I am really worried if they will end up taking back the offer as a criminal report has been shown up (though that is false).

    – Bean
    May 23 at 1:47






  • 18





    Is it possible you have a common name and they have you mixed up with someone else? +1 That it seems odd a complaint (no charges) shows up on your criminal record.

    – jcmack
    May 23 at 2:10






  • 6





    So you're saying in India you can file a complaint against ANYONE, they won't even know or be able to fight against it and they get a criminal record? This can't be right, your story doesn't add up

    – Twyxz
    May 23 at 6:30






  • 4





    " I don't remember any such case in my entire life." You don't remember? That sounds like a weak statement, like it could be true you actually did it. I would voice a stronger denial if you are certain this never ever happened (I mean hurting a female, not having a criminal charge)

    – Sabine
    May 23 at 8:38







5




5





If you were charged you would know about it. If you weren't charged and it was just a complaint it wouldn't show up on your record (unless you were applying to become a cop or something). Something isn't adding up here.

– solarflare
May 23 at 1:33





If you were charged you would know about it. If you weren't charged and it was just a complaint it wouldn't show up on your record (unless you were applying to become a cop or something). Something isn't adding up here.

– solarflare
May 23 at 1:33




1




1





Thank you for your reply. Actually I went through the background verification and my employer told me that the agency got a anonymous criminal charge against my name in my home country. I am shocked that's why as I cannot remember of anything like that. My employer told me that they will let me know their decision, but I am really worried if they will end up taking back the offer as a criminal report has been shown up (though that is false).

– Bean
May 23 at 1:47





Thank you for your reply. Actually I went through the background verification and my employer told me that the agency got a anonymous criminal charge against my name in my home country. I am shocked that's why as I cannot remember of anything like that. My employer told me that they will let me know their decision, but I am really worried if they will end up taking back the offer as a criminal report has been shown up (though that is false).

– Bean
May 23 at 1:47




18




18





Is it possible you have a common name and they have you mixed up with someone else? +1 That it seems odd a complaint (no charges) shows up on your criminal record.

– jcmack
May 23 at 2:10





Is it possible you have a common name and they have you mixed up with someone else? +1 That it seems odd a complaint (no charges) shows up on your criminal record.

– jcmack
May 23 at 2:10




6




6





So you're saying in India you can file a complaint against ANYONE, they won't even know or be able to fight against it and they get a criminal record? This can't be right, your story doesn't add up

– Twyxz
May 23 at 6:30





So you're saying in India you can file a complaint against ANYONE, they won't even know or be able to fight against it and they get a criminal record? This can't be right, your story doesn't add up

– Twyxz
May 23 at 6:30




4




4





" I don't remember any such case in my entire life." You don't remember? That sounds like a weak statement, like it could be true you actually did it. I would voice a stronger denial if you are certain this never ever happened (I mean hurting a female, not having a criminal charge)

– Sabine
May 23 at 8:38





" I don't remember any such case in my entire life." You don't remember? That sounds like a weak statement, like it could be true you actually did it. I would voice a stronger denial if you are certain this never ever happened (I mean hurting a female, not having a criminal charge)

– Sabine
May 23 at 8:38










2 Answers
2






active

oldest

votes


















9














You can request a police check yourself (for a fee). Such checks are commonly required for visas etc.



It looks like for an Indian police check outside India you'll need to apply to the local Indian embassy/consulate.



The document you receive will have the details of the charge against you, or if it says you are not known to the police (as you believe it should), then you can use this as evidence with your potential employer (or others in the future, as in my experience the results usually take a few weeks to come back).






share|improve this answer























  • I don't have any idea what you can do in India because I have never been to any of this cases. So I am basically clueless what is happening and how a criminal record has been found against my name. presently I am waiting for the decision. I hope everything goes good, if not, I am going to take legal actions. Thanks for all the advice.

    – Bean
    May 23 at 15:58











  • I know that in one country where I used to live, I could go to the police and ask them for a report about me, which would contain everything they have, since I'm asking for it, so there are no privacy rules to obey. In the country where I live now, I would go to the police and ask them how I would get such a report. In India, I would do the same thing. Ask them, and go from what they say.

    – gnasher729
    May 26 at 19:45











  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    2 days ago











  • @Bean that sounds difficult and frustrating for you, but all I (or anyone else here) can do is speculate about possible reasons they'd behave like that, and that won't help you.

    – Player One
    2 days ago











  • can it leave my job offer in a questioned situation

    – Bean
    yesterday


















2














You said,




I got a job offer in a reputable company in USA and am going through background check.




Because you're a candidate for an employer in the USA, the employer must follow US employment law when it comes to background checks and how they impact the selection process. Most "criminal background checks" performed in the US are done via consumer reporting bureaus, which means they must comply with the Fair Credit Reporting Act, or FCRA. Per regulation, this means that the employer must:




  • Get your permission to perform the background check. It sounds like this has already happened.


  • Explicitly notify you that the reason you're not being hired is because of information in the report they received.


  • Provide a copy of the report to you upon request, if the report is being considered as a reason to take a negative action (i.e. not hire you because of information in the report)

Regardless of how the employer obtained the information, they must be able to prove that they're not discriminating against you, as someone (theoretically) with a criminal record, unless the criminal record provides substantial evidence that you're not fit for the job. In other words, if your criminal record is totally unrelated to your job, and/or doesn't show a significant issue with you being a responsible and safe employee, they can't use it against you.



There are special cases where an employer may obtain (or try to obtain) criminal history via means that are not covered under the FCRA, but unless you're in a very specialized circumstance or applying for very specialized positions, that almost certainly doesn't apply to you.



For more reading on how employers are allowed to use background checks in the US, you can check the EEOC's website (although for the sake of keeping this a self-contained answer, I've summarized the pertinent info in the bullets above):



https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm



You're in a bit of a special case as you're an international candidate, so your employer may (or, apparently, is) use a specialized international background checking service, which many CRAs do offer. The method by which these services obtain data varies considerably from agency to agency and from country to country, but regardless of how the information is obtained, your employer must follow the law when it comes to applying it.



To bring this back around to your specific question,




What my options for what I could do next?




Right now, there's not much you can do, except seek out information on your own as suggested in @PlayerOne's answer - it would be worthwhile to understand your (potential) criminal record in your home country, or lack thereof. Also, it would make sense to have on hand the (positive) results of prior background checks if you still have them, from other jobs you've applied to.



Keep in mind that your potential employer's desire is to fill the position with a viable candidate. They're not in the business of trying to prove you did something wrong, they just want to know the truth about how you'll perform for them. Employers with experience will know that sometimes things come up wrong, especially on something like an international background check. If you have done your homework and can prove you have a clean history, that will likely make a good impact. If the employer still declines to hire you, and you feel they're not complying with the EEOC or FCRA or other relevant law, you can speak with an employment lawyer and determine what options you have.






share|improve this answer























  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    May 24 at 17:05











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2 Answers
2






active

oldest

votes








2 Answers
2






active

oldest

votes









active

oldest

votes






active

oldest

votes









9














You can request a police check yourself (for a fee). Such checks are commonly required for visas etc.



It looks like for an Indian police check outside India you'll need to apply to the local Indian embassy/consulate.



The document you receive will have the details of the charge against you, or if it says you are not known to the police (as you believe it should), then you can use this as evidence with your potential employer (or others in the future, as in my experience the results usually take a few weeks to come back).






share|improve this answer























  • I don't have any idea what you can do in India because I have never been to any of this cases. So I am basically clueless what is happening and how a criminal record has been found against my name. presently I am waiting for the decision. I hope everything goes good, if not, I am going to take legal actions. Thanks for all the advice.

    – Bean
    May 23 at 15:58











  • I know that in one country where I used to live, I could go to the police and ask them for a report about me, which would contain everything they have, since I'm asking for it, so there are no privacy rules to obey. In the country where I live now, I would go to the police and ask them how I would get such a report. In India, I would do the same thing. Ask them, and go from what they say.

    – gnasher729
    May 26 at 19:45











  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    2 days ago











  • @Bean that sounds difficult and frustrating for you, but all I (or anyone else here) can do is speculate about possible reasons they'd behave like that, and that won't help you.

    – Player One
    2 days ago











  • can it leave my job offer in a questioned situation

    – Bean
    yesterday















9














You can request a police check yourself (for a fee). Such checks are commonly required for visas etc.



It looks like for an Indian police check outside India you'll need to apply to the local Indian embassy/consulate.



The document you receive will have the details of the charge against you, or if it says you are not known to the police (as you believe it should), then you can use this as evidence with your potential employer (or others in the future, as in my experience the results usually take a few weeks to come back).






share|improve this answer























  • I don't have any idea what you can do in India because I have never been to any of this cases. So I am basically clueless what is happening and how a criminal record has been found against my name. presently I am waiting for the decision. I hope everything goes good, if not, I am going to take legal actions. Thanks for all the advice.

    – Bean
    May 23 at 15:58











  • I know that in one country where I used to live, I could go to the police and ask them for a report about me, which would contain everything they have, since I'm asking for it, so there are no privacy rules to obey. In the country where I live now, I would go to the police and ask them how I would get such a report. In India, I would do the same thing. Ask them, and go from what they say.

    – gnasher729
    May 26 at 19:45











  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    2 days ago











  • @Bean that sounds difficult and frustrating for you, but all I (or anyone else here) can do is speculate about possible reasons they'd behave like that, and that won't help you.

    – Player One
    2 days ago











  • can it leave my job offer in a questioned situation

    – Bean
    yesterday













9












9








9







You can request a police check yourself (for a fee). Such checks are commonly required for visas etc.



It looks like for an Indian police check outside India you'll need to apply to the local Indian embassy/consulate.



The document you receive will have the details of the charge against you, or if it says you are not known to the police (as you believe it should), then you can use this as evidence with your potential employer (or others in the future, as in my experience the results usually take a few weeks to come back).






share|improve this answer













You can request a police check yourself (for a fee). Such checks are commonly required for visas etc.



It looks like for an Indian police check outside India you'll need to apply to the local Indian embassy/consulate.



The document you receive will have the details of the charge against you, or if it says you are not known to the police (as you believe it should), then you can use this as evidence with your potential employer (or others in the future, as in my experience the results usually take a few weeks to come back).







share|improve this answer












share|improve this answer



share|improve this answer










answered May 23 at 9:19









Player OnePlayer One

3,35611325




3,35611325












  • I don't have any idea what you can do in India because I have never been to any of this cases. So I am basically clueless what is happening and how a criminal record has been found against my name. presently I am waiting for the decision. I hope everything goes good, if not, I am going to take legal actions. Thanks for all the advice.

    – Bean
    May 23 at 15:58











  • I know that in one country where I used to live, I could go to the police and ask them for a report about me, which would contain everything they have, since I'm asking for it, so there are no privacy rules to obey. In the country where I live now, I would go to the police and ask them how I would get such a report. In India, I would do the same thing. Ask them, and go from what they say.

    – gnasher729
    May 26 at 19:45











  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    2 days ago











  • @Bean that sounds difficult and frustrating for you, but all I (or anyone else here) can do is speculate about possible reasons they'd behave like that, and that won't help you.

    – Player One
    2 days ago











  • can it leave my job offer in a questioned situation

    – Bean
    yesterday

















  • I don't have any idea what you can do in India because I have never been to any of this cases. So I am basically clueless what is happening and how a criminal record has been found against my name. presently I am waiting for the decision. I hope everything goes good, if not, I am going to take legal actions. Thanks for all the advice.

    – Bean
    May 23 at 15:58











  • I know that in one country where I used to live, I could go to the police and ask them for a report about me, which would contain everything they have, since I'm asking for it, so there are no privacy rules to obey. In the country where I live now, I would go to the police and ask them how I would get such a report. In India, I would do the same thing. Ask them, and go from what they say.

    – gnasher729
    May 26 at 19:45











  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    2 days ago











  • @Bean that sounds difficult and frustrating for you, but all I (or anyone else here) can do is speculate about possible reasons they'd behave like that, and that won't help you.

    – Player One
    2 days ago











  • can it leave my job offer in a questioned situation

    – Bean
    yesterday
















I don't have any idea what you can do in India because I have never been to any of this cases. So I am basically clueless what is happening and how a criminal record has been found against my name. presently I am waiting for the decision. I hope everything goes good, if not, I am going to take legal actions. Thanks for all the advice.

– Bean
May 23 at 15:58





I don't have any idea what you can do in India because I have never been to any of this cases. So I am basically clueless what is happening and how a criminal record has been found against my name. presently I am waiting for the decision. I hope everything goes good, if not, I am going to take legal actions. Thanks for all the advice.

– Bean
May 23 at 15:58













I know that in one country where I used to live, I could go to the police and ask them for a report about me, which would contain everything they have, since I'm asking for it, so there are no privacy rules to obey. In the country where I live now, I would go to the police and ask them how I would get such a report. In India, I would do the same thing. Ask them, and go from what they say.

– gnasher729
May 26 at 19:45





I know that in one country where I used to live, I could go to the police and ask them for a report about me, which would contain everything they have, since I'm asking for it, so there are no privacy rules to obey. In the country where I live now, I would go to the police and ask them how I would get such a report. In India, I would do the same thing. Ask them, and go from what they say.

– gnasher729
May 26 at 19:45













Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

– Bean
2 days ago





Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

– Bean
2 days ago













@Bean that sounds difficult and frustrating for you, but all I (or anyone else here) can do is speculate about possible reasons they'd behave like that, and that won't help you.

– Player One
2 days ago





@Bean that sounds difficult and frustrating for you, but all I (or anyone else here) can do is speculate about possible reasons they'd behave like that, and that won't help you.

– Player One
2 days ago













can it leave my job offer in a questioned situation

– Bean
yesterday





can it leave my job offer in a questioned situation

– Bean
yesterday













2














You said,




I got a job offer in a reputable company in USA and am going through background check.




Because you're a candidate for an employer in the USA, the employer must follow US employment law when it comes to background checks and how they impact the selection process. Most "criminal background checks" performed in the US are done via consumer reporting bureaus, which means they must comply with the Fair Credit Reporting Act, or FCRA. Per regulation, this means that the employer must:




  • Get your permission to perform the background check. It sounds like this has already happened.


  • Explicitly notify you that the reason you're not being hired is because of information in the report they received.


  • Provide a copy of the report to you upon request, if the report is being considered as a reason to take a negative action (i.e. not hire you because of information in the report)

Regardless of how the employer obtained the information, they must be able to prove that they're not discriminating against you, as someone (theoretically) with a criminal record, unless the criminal record provides substantial evidence that you're not fit for the job. In other words, if your criminal record is totally unrelated to your job, and/or doesn't show a significant issue with you being a responsible and safe employee, they can't use it against you.



There are special cases where an employer may obtain (or try to obtain) criminal history via means that are not covered under the FCRA, but unless you're in a very specialized circumstance or applying for very specialized positions, that almost certainly doesn't apply to you.



For more reading on how employers are allowed to use background checks in the US, you can check the EEOC's website (although for the sake of keeping this a self-contained answer, I've summarized the pertinent info in the bullets above):



https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm



You're in a bit of a special case as you're an international candidate, so your employer may (or, apparently, is) use a specialized international background checking service, which many CRAs do offer. The method by which these services obtain data varies considerably from agency to agency and from country to country, but regardless of how the information is obtained, your employer must follow the law when it comes to applying it.



To bring this back around to your specific question,




What my options for what I could do next?




Right now, there's not much you can do, except seek out information on your own as suggested in @PlayerOne's answer - it would be worthwhile to understand your (potential) criminal record in your home country, or lack thereof. Also, it would make sense to have on hand the (positive) results of prior background checks if you still have them, from other jobs you've applied to.



Keep in mind that your potential employer's desire is to fill the position with a viable candidate. They're not in the business of trying to prove you did something wrong, they just want to know the truth about how you'll perform for them. Employers with experience will know that sometimes things come up wrong, especially on something like an international background check. If you have done your homework and can prove you have a clean history, that will likely make a good impact. If the employer still declines to hire you, and you feel they're not complying with the EEOC or FCRA or other relevant law, you can speak with an employment lawyer and determine what options you have.






share|improve this answer























  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    May 24 at 17:05















2














You said,




I got a job offer in a reputable company in USA and am going through background check.




Because you're a candidate for an employer in the USA, the employer must follow US employment law when it comes to background checks and how they impact the selection process. Most "criminal background checks" performed in the US are done via consumer reporting bureaus, which means they must comply with the Fair Credit Reporting Act, or FCRA. Per regulation, this means that the employer must:




  • Get your permission to perform the background check. It sounds like this has already happened.


  • Explicitly notify you that the reason you're not being hired is because of information in the report they received.


  • Provide a copy of the report to you upon request, if the report is being considered as a reason to take a negative action (i.e. not hire you because of information in the report)

Regardless of how the employer obtained the information, they must be able to prove that they're not discriminating against you, as someone (theoretically) with a criminal record, unless the criminal record provides substantial evidence that you're not fit for the job. In other words, if your criminal record is totally unrelated to your job, and/or doesn't show a significant issue with you being a responsible and safe employee, they can't use it against you.



There are special cases where an employer may obtain (or try to obtain) criminal history via means that are not covered under the FCRA, but unless you're in a very specialized circumstance or applying for very specialized positions, that almost certainly doesn't apply to you.



For more reading on how employers are allowed to use background checks in the US, you can check the EEOC's website (although for the sake of keeping this a self-contained answer, I've summarized the pertinent info in the bullets above):



https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm



You're in a bit of a special case as you're an international candidate, so your employer may (or, apparently, is) use a specialized international background checking service, which many CRAs do offer. The method by which these services obtain data varies considerably from agency to agency and from country to country, but regardless of how the information is obtained, your employer must follow the law when it comes to applying it.



To bring this back around to your specific question,




What my options for what I could do next?




Right now, there's not much you can do, except seek out information on your own as suggested in @PlayerOne's answer - it would be worthwhile to understand your (potential) criminal record in your home country, or lack thereof. Also, it would make sense to have on hand the (positive) results of prior background checks if you still have them, from other jobs you've applied to.



Keep in mind that your potential employer's desire is to fill the position with a viable candidate. They're not in the business of trying to prove you did something wrong, they just want to know the truth about how you'll perform for them. Employers with experience will know that sometimes things come up wrong, especially on something like an international background check. If you have done your homework and can prove you have a clean history, that will likely make a good impact. If the employer still declines to hire you, and you feel they're not complying with the EEOC or FCRA or other relevant law, you can speak with an employment lawyer and determine what options you have.






share|improve this answer























  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    May 24 at 17:05













2












2








2







You said,




I got a job offer in a reputable company in USA and am going through background check.




Because you're a candidate for an employer in the USA, the employer must follow US employment law when it comes to background checks and how they impact the selection process. Most "criminal background checks" performed in the US are done via consumer reporting bureaus, which means they must comply with the Fair Credit Reporting Act, or FCRA. Per regulation, this means that the employer must:




  • Get your permission to perform the background check. It sounds like this has already happened.


  • Explicitly notify you that the reason you're not being hired is because of information in the report they received.


  • Provide a copy of the report to you upon request, if the report is being considered as a reason to take a negative action (i.e. not hire you because of information in the report)

Regardless of how the employer obtained the information, they must be able to prove that they're not discriminating against you, as someone (theoretically) with a criminal record, unless the criminal record provides substantial evidence that you're not fit for the job. In other words, if your criminal record is totally unrelated to your job, and/or doesn't show a significant issue with you being a responsible and safe employee, they can't use it against you.



There are special cases where an employer may obtain (or try to obtain) criminal history via means that are not covered under the FCRA, but unless you're in a very specialized circumstance or applying for very specialized positions, that almost certainly doesn't apply to you.



For more reading on how employers are allowed to use background checks in the US, you can check the EEOC's website (although for the sake of keeping this a self-contained answer, I've summarized the pertinent info in the bullets above):



https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm



You're in a bit of a special case as you're an international candidate, so your employer may (or, apparently, is) use a specialized international background checking service, which many CRAs do offer. The method by which these services obtain data varies considerably from agency to agency and from country to country, but regardless of how the information is obtained, your employer must follow the law when it comes to applying it.



To bring this back around to your specific question,




What my options for what I could do next?




Right now, there's not much you can do, except seek out information on your own as suggested in @PlayerOne's answer - it would be worthwhile to understand your (potential) criminal record in your home country, or lack thereof. Also, it would make sense to have on hand the (positive) results of prior background checks if you still have them, from other jobs you've applied to.



Keep in mind that your potential employer's desire is to fill the position with a viable candidate. They're not in the business of trying to prove you did something wrong, they just want to know the truth about how you'll perform for them. Employers with experience will know that sometimes things come up wrong, especially on something like an international background check. If you have done your homework and can prove you have a clean history, that will likely make a good impact. If the employer still declines to hire you, and you feel they're not complying with the EEOC or FCRA or other relevant law, you can speak with an employment lawyer and determine what options you have.






share|improve this answer













You said,




I got a job offer in a reputable company in USA and am going through background check.




Because you're a candidate for an employer in the USA, the employer must follow US employment law when it comes to background checks and how they impact the selection process. Most "criminal background checks" performed in the US are done via consumer reporting bureaus, which means they must comply with the Fair Credit Reporting Act, or FCRA. Per regulation, this means that the employer must:




  • Get your permission to perform the background check. It sounds like this has already happened.


  • Explicitly notify you that the reason you're not being hired is because of information in the report they received.


  • Provide a copy of the report to you upon request, if the report is being considered as a reason to take a negative action (i.e. not hire you because of information in the report)

Regardless of how the employer obtained the information, they must be able to prove that they're not discriminating against you, as someone (theoretically) with a criminal record, unless the criminal record provides substantial evidence that you're not fit for the job. In other words, if your criminal record is totally unrelated to your job, and/or doesn't show a significant issue with you being a responsible and safe employee, they can't use it against you.



There are special cases where an employer may obtain (or try to obtain) criminal history via means that are not covered under the FCRA, but unless you're in a very specialized circumstance or applying for very specialized positions, that almost certainly doesn't apply to you.



For more reading on how employers are allowed to use background checks in the US, you can check the EEOC's website (although for the sake of keeping this a self-contained answer, I've summarized the pertinent info in the bullets above):



https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm



You're in a bit of a special case as you're an international candidate, so your employer may (or, apparently, is) use a specialized international background checking service, which many CRAs do offer. The method by which these services obtain data varies considerably from agency to agency and from country to country, but regardless of how the information is obtained, your employer must follow the law when it comes to applying it.



To bring this back around to your specific question,




What my options for what I could do next?




Right now, there's not much you can do, except seek out information on your own as suggested in @PlayerOne's answer - it would be worthwhile to understand your (potential) criminal record in your home country, or lack thereof. Also, it would make sense to have on hand the (positive) results of prior background checks if you still have them, from other jobs you've applied to.



Keep in mind that your potential employer's desire is to fill the position with a viable candidate. They're not in the business of trying to prove you did something wrong, they just want to know the truth about how you'll perform for them. Employers with experience will know that sometimes things come up wrong, especially on something like an international background check. If you have done your homework and can prove you have a clean history, that will likely make a good impact. If the employer still declines to hire you, and you feel they're not complying with the EEOC or FCRA or other relevant law, you can speak with an employment lawyer and determine what options you have.







share|improve this answer












share|improve this answer



share|improve this answer










answered May 24 at 13:33









dwizumdwizum

23.1k104575




23.1k104575












  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    May 24 at 17:05

















  • Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

    – Bean
    May 24 at 17:05
















Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

– Bean
May 24 at 17:05





Thank you so much for the information. There is one more information that came up recently. I called the background screening agency to know more about the unexpected result twice, and both the times they confirmed that there is "no record found" in my report both nationally and internationally. But on the previous day, my employer mentioned that they got a criminal complaint reported by the background agency in my home country. The total incident is appearing to be too fishy to me. if you please tell me possible reasons for this, that will be great!

– Bean
May 24 at 17:05

















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