How to Dispute Inaccurate Information on Your Background Check

Why Background Check Errors Happen

While criminal record databases are generally accurate, errors do occur. Understanding why helps you address them more effectively.

Common Causes of Errors

Identity Confusion

People with similar names and birth dates can have records mixed up. This is particularly common with:

• Common surnames
• Similar spellings of names
• Shared birth dates
• Former residents of the same address

Data Entry Mistakes

Human error in entering information can result in:

• Misspelled names
• Incorrect dates
• Wrong offence codes
• Transposed numbers

Records That Should Be Removed

Some information should no longer appear but has not been properly updated:

• Discharges past their removal date
• Acquittals still showing
• Withdrawn charges appearing
• Record suspensions not properly processed

Outdated Information

Systems may not be updated promptly, leaving old information in place:

• Name changes not reflected
• Address updates not recorded
• Status changes not processed

Your Right to Accurate Information

Under Canadian privacy law, you have fundamental rights regarding your personal information:

Access

You can request access to any personal information held about you, including criminal record information.

Accuracy

Organizations must take reasonable steps to ensure information about you is accurate and complete.

Correction

You have the right to request correction of inaccurate information.

Explanation

If correction is refused, you can request that a notation be added to your file explaining the dispute.

Step-by-Step Dispute Process

Step 1: Obtain Your Full Report

Before disputing, get a complete copy of the background check results. You need to know exactly what information is being reported.

How to Get Your Report:

• Request from the employer if they received it
• Request from the background check provider
• Run a check on yourself through the same provider

What to Look For:

• All convictions listed
• Dates of convictions
• Offence descriptions
• Personal information accuracy

Step 2: Identify the Error

Determine exactly what is wrong and why:

Is it someone else's record?

Check if the conviction matches your history. If not, it may be incorrectly associated with you due to name similarity.

Is the information outdated?

Check if the item should have been removed:

• Absolute discharge: Should be removed after 1 year
• Conditional discharge: Should be removed after 3 years
• Record suspension: Should not appear at all

Is the information inaccurate?

Check if details are wrong:

• Wrong offence description
• Incorrect date
• Wrong sentence information

Are acquitted/withdrawn charges showing?

These should not appear on standard checks.

Step 3: Gather Documentation

Collect evidence supporting your dispute:

For Identity Errors:

• Birth certificate
• Driver's license
• Passport
• Fingerprints (definitive proof of identity)

For Charges That Did Not Result in Conviction:

• Court records showing acquittal
• Documentation of withdrawn or stayed charges
• Discharge documentation

For Record Suspensions Not Reflected:

• Record suspension certificate from Parole Board
• Correspondence confirming suspension

For Discharges Past Removal Date:

• Court documents showing discharge date
• Proof that time period has elapsed

Step 4: File Dispute with Background Check Provider

Contact the company that conducted the background check:

What to Include:

• Your full name and date of birth
• Reference number from the background check
• Specific information being disputed
• Explanation of why it is inaccurate
• Supporting documentation
• Request for written response

Expected Timeline:

Most providers respond within 5-10 business days. Complex cases may take longer.

Step 5: Contact the Police Service

If the error is in the source database, you need to contact the police service holding the record:

For Local Records:

Contact the police service in the jurisdiction where the incorrect record exists.

For National Database (CPIC) Errors:

Contact the RCMP National Criminal Record Services:

• RCMP Canadian Criminal Real Time Identification Services
• Ottawa, Ontario
• 1-855-330-8999

What to Provide:

• Completed Record Suspension Application Form (for verification)
• Fingerprints (for positive identification)
• Supporting documentation
• Written explanation of the error

Step 6: Follow Up

Do not assume the correction has been made:

Request Confirmation:

Ask for written confirmation that the record has been corrected.

Verify the Fix:

Run another background check on yourself to confirm the error has been corrected.

Keep Records:

Maintain copies of all correspondence and documentation in case the error recurs.

Specific Dispute Scenarios

Scenario: Someone Else's Conviction on Your Record

This happens when people share similar names and birth dates.

Solution:

1. Submit fingerprints to definitively establish your identity
2. Provide documentation proving you are not the person convicted
3. Request separation of records in the database

Timeline: 2-4 weeks typically

Scenario: Discharge Still Appearing After Removal Period

Absolute discharges should be removed after 1 year, conditional discharges after 3 years.

Solution:

1. Calculate when the discharge should have been removed
2. Provide court documents showing discharge date
3. Request update to reflect proper removal

Timeline: 1-2 weeks typically

Scenario: Acquittal or Withdrawn Charges Appearing

These should not appear on standard criminal record checks.

Solution:

1. Obtain court records showing the outcome
2. Submit to police service with correction request
3. Request removal from database

Timeline: 2-3 weeks typically

Scenario: Record Suspension Not Reflected

After receiving a record suspension, the conviction should no longer appear.

Solution:

1. Provide record suspension certificate from Parole Board
2. Contact RCMP to verify suspension is in CPIC
3. Request update to all databases

Timeline: 1-4 weeks depending on complexity

Scenario: Incorrect Offence Description

The offence listed does not match what you were actually convicted of.

Solution:

1. Obtain court records showing actual conviction
2. Highlight discrepancy
3. Request correction to match court records

Timeline: 2-4 weeks typically

What If Your Dispute Is Denied?

Request Written Explanation

If your dispute is not accepted, request a written explanation of why.

Escalate Within the Organization

Ask to speak with a supervisor or submit a formal appeal.

File Privacy Complaint

If you believe your rights have been violated, you can file a complaint with:

• The Privacy Commissioner of Canada (for federal matters)
• Your provincial Privacy Commissioner (for provincial matters)

Seek Legal Advice

For persistent errors affecting your employment, consider consulting a lawyer who specializes in criminal records or privacy law.

Preventing Future Issues

Keep Your Records

Maintain copies of:

• Court documents for all criminal matters
• Discharge papers
• Record suspension certificates
• Correspondence with police services

Monitor Your Record

Run periodic background checks on yourself to catch errors early.

Report Address and Name Changes

Notify police services of any legal name changes to ensure records stay accurate.

Verify Accuracy Before Job Applications

Always run a self-check before starting a job search so you can address issues proactively.

Frequently Asked Questions

How long does it take to correct an error?

Simple errors can be corrected in 1-2 weeks. Complex cases involving multiple databases or identity verification may take 4-8 weeks.

Will the employer wait while I dispute an error?

Some employers will pause the hiring process while you dispute. Communicate proactively, explain the situation, and provide documentation showing you have initiated the dispute.

Can I get compensation for errors?

Potentially. If an error caused you to lose a job opportunity, you may have grounds for a complaint or lawsuit. Consult a lawyer about your specific situation.

What if the same error keeps reappearing?

Persistent errors may require fingerprint-based verification to permanently separate your record from others. Contact the RCMP for assistance.

Can I expedite the correction process?

Explain urgent circumstances (pending job offer, housing application) when submitting your dispute. Some agencies can prioritize urgent requests.

Should I tell the employer about the error?

Yes. Being upfront builds trust. Explain that you have identified an error and are working to correct it. Provide documentation of your dispute.

Take Action Today

If you suspect there may be errors on your background check, the first step is to run a check on yourself. This lets you identify any issues before an employer does, giving you time to dispute and correct errors without the pressure of a pending job offer.

Do not let database errors derail your career. Know what is on your record and take steps to ensure it is accurate.