How to See Your Employment Background Check Before an Employer Does

You Have the Right to See Everything a Screening Company Has on You

Most people first encounter their background check when an employer tells them there's a problem. By that point, they're already scrambling — trying to explain records they didn't know were visible, dispute errors they didn't know existed, and salvage a job opportunity that may already be slipping away.

You don't have to wait for that moment. Under the Fair Credit Reporting Act, you can request a complete copy of your file from any consumer reporting agency at any time, for any reason. If you've received a pre-adverse action notice within the last 60 days, the disclosure must be free.

Requesting Your File Proactively

The major employment background screening companies — Checkr, Sterling, HireRight, First Advantage, GoodHire, Accurate Background — are all Consumer Reporting Agencies under the FCRA. Each one must provide you with a complete disclosure of everything in your file upon request.

To request your file:

1. Visit the screening company's website and look for their "consumer disclosure" or "file disclosure" page, or contact the company directly
2. Submit a request with your identifying information — full legal name, date of birth, Social Security number, and current and prior addresses
3. The company must respond with a complete copy of your file in a clear and understandable format

A 2024 CFPB advisory opinion reinforced that CRAs must disclose your complete file, including all underlying sources and intermediaries. You don't need to use specific legal terminology or industry jargon to exercise this right — a plain-language request is sufficient.

If you don't know which screening company a potential employer uses, you can request your file from several of the major companies preemptively. There's no penalty or negative mark for requesting your own file.

The Pre-Adverse Action Process

If you've already authorized a CRA background check and the employer finds something concerning, federal law requires a specific sequence before they can reject you:

Step 1: Pre-adverse action notice. The employer must send you a written notice stating they're considering taking adverse action based on the background check. This notice must include a complete copy of the background report and the CFPB's "Summary of Your Rights Under the Fair Credit Reporting Act."

Step 2: Waiting period. The employer must wait a reasonable period — interpreted as at least five business days — before making a final decision. This is your window to review the report and dispute any errors directly with the CRA.

Step 3: Your dispute right. If you find errors in the report, file a dispute with the CRA during the waiting period. The CRA has 30 days, or up to 45 days in certain circumstances, to investigate. Meanwhile, you should also contact the employer directly to let them know you've identified errors and are pursuing corrections.

Step 4: Final adverse action notice. If the employer proceeds with the negative decision, they must send a final notice identifying the CRA that provided the report, stating that the CRA didn't make the decision, and informing you of your right to get another free copy of your report within 60 days and to dispute the information.

State-Level Protections Beyond the FCRA

Several states have added protections that go beyond the federal baseline:

Ban-the-box and fair chance laws in over thirty-five states and localities restrict when employers may ask about criminal history or run a check. Timing varies by jurisdiction, and some defer the check until after a conditional job offer.

The Federal Fair Chance to Compete for Jobs Act (effective October 2, 2023) prohibits federal agencies and contractors from inquiring about criminal history before a conditional offer, with a 30-day complaint window for violations.

Washington State's Fair Chance Act (amended 2026) requires employers to identify the specific concerning record, hold the job open for at least two business days, and accept the applicant's explanation, evidence of rehabilitation, or error dispute before making a decision.

Some states restrict what CRAs can report entirely. California's FEHA prohibits employers from considering non-conviction records, dismissed charges, or sealed convictions. New York bars commercial screeners from reporting non-criminal violations, infractions, or cases adjourned in contemplation of dismissal.

What to Do With the Information

Once you have your background check file, compare it against your official records — your state criminal history rap sheet and your FBI Identity History Summary. Look for:

• Records that appear on the commercial report but not on your official government records (possible mixed-file error or stale data)
• Missing dispositions that make dismissed cases look like open or active charges
• Expunged or sealed records that should no longer be visible
• Records older than seven years in states that restrict reporting beyond that window

Any inaccurate or incomplete discrepancy can be the basis for an FCRA dispute. Document everything: the date you received the report, the specific errors, your supporting documentation, and the date you submitted the dispute.

The Record Self-Audit Toolkit includes a side-by-side comparison framework for matching commercial reports against official government records, plus dispute letter templates that reference the specific FCRA sections applicable to each type of error.