- Companies like Airbnb say they use background checks to help protect the community.
- Background checks have proliferated but there are common flaws in the system, experts say.
Bethany Hallam's ordeal started when she booked a trip for herself and her partner to see an NFL game in Miami. She made plans to stay at an Airbnb, only to find out that the lodging platform had deactivated her account because of a criminal-records match.
Hallam, a councilmember in Pennsylvania's Allegheny County, took to Twitter. "Did I just… get a lifetime @Airbnb booking ban for a 9 year old possession charge?!?" Hallam tweeted above a screenshot of an email from Airbnb.
The email did not list a specific conviction as the reason for the ban, nor did it say the ban was for life, and Airbnb quickly reversed the decision after a review. Nonetheless, Hallam's tweet sparked a brisk reaction on Twitter from people alleging similar bans.
Airbnb told Insider in a statement: "For the safety of our community, Airbnb runs background checks in the US and may take action to remove people with certain convictions, or who have multiple prior convictions." Airbnb said it lifted Hallam's ban using "an evidence-based appeals process that takes into account the type of crime and evidence of rehabilitation."'
Despite the positive outcome, Hallam has no plans to return to Airbnb, but her case raises questions about what people can do in similar situations if they want to dispute information in a criminal background check.
Insider spoke with criminal justice experts about why companies conduct checks and what to do if you believe yours was unfairly used against you.
Why do companies run background checks?
Companies will do what's needed to protect their bottom lines and mitigate any potential lawsuits, said Robert Stewart, an assistant criminology and criminal justice professor at the University of Maryland.
"They're not really looking at potential risk in terms of public safety, per se," Stewart told Insider. "They're looking at mitigating lawsuits and public perception."
But what companies will "greenlight" or "red light" could also depend on their values, he continued.
"I think part of it is companies being able to determine their own criteria," Stewart told Insider. "Do you care about felonies? Or felonies only in the last 10 years? Misdemeanors in the last five years?"
Justin Carnahan, an Airbnb host with properties in Missouri, said he feels strongly about ensuring public safety and thinks Airbnb's background check policy and how the company defines lesser and serious crimes is fair. He also believes there should be limits.
"Minor crimes can be incredibly subjective to the situation and shouldn't be considered for expulsion," Carnahan said. "No one should go to jail over a [marijuana] plant, and disorderly conduct could mean that they didn't give an officer the respect the officer thought they deserved.
"If the guest or host has a major criminal background, I believe it is for the good of the users as well as Airbnb to remove them. I wouldn't want to unknowingly take my family to stay with a possible sex offender or violent person the same way that I wouldn't want a person of that variety staying at my property."
Companies may have an appeals process
Airbnb's appeal process allows for three different ways to push back against account removals: responding directly to the email, submitting an appeal through a link, or by contacting Airbnb customer service. From there, a "team of specialists will review and assess your eligibility for reinstatement."
The company said it developed an appeals process because "we understand that there may be a number of reasons why someone may have a criminal conviction on their record."
You can request a copy of your background report
For people who receive an adverse decision based on a criminal background check, whether it's from Airbnb, a job, or a landlord, Stewart's advice is to request a copy of the background check, which employers generally are required to provide.
"Do not assume the information reported on the background check is accurate," Stewart said. "Review it very closely as soon as possible. You may find minor and even major inaccuracies which could make a difference in your case."
If you find errors or inaccuracies in your report while applying for jobs or housing, Stewart suggests filing a dispute with the company that conducted the check as soon as possible.
Melissa Moore, Director of Civil Systems Reform at nonprofit Drug Policy Alliance, told Insider the background check industry has proliferated in the last two decades, but there are huge flaws across the industry. Common flaws may include errors in data entry, data matching, and validation.
"It has gotten to a point where there's a lot of data that's scraped from publicly available information," Moore said. "And it might be inaccurate at that exact moment in time when the data is scraped."